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    • The reason for the photos is to show you weren't displaying a permit.  They are supposed to check that the permit hadn't fallen off the dashboard. There is no point in appealing to PPM.  The very people who deliberately set up the site with rubbish signage to catch motorists out are highly unlikely to find against themselves. You've said several times that you think the company who you met with called PPM in so these are the people you need to contact in writing to request they call PPM off.  Until you do so we're going round in circles. If you don't want them to have your e-mail address simply set up a secondary e-address.  
    • Please see attached redacted judgment for further infoVWFS (UK) LTD - Salisbury CC - Judgment - 20240507 V Final _copy redacted.pdf
    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Welcome - illegal repo in contravention of section 92 and unfair relationship ** WON **


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OMG - nuff said! The list of case law is enough to make them wet their pants lol

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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the last time i saw such a piece of fiction was a defence against andies claim

 

it seems a mr cp still has not had enough lessons

 

you realy do need to compose a skeleton argument now and send a copy to the court

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Compliant default my ar*e! The usual 14days cr*p, no numerical date. I wouldn't have minded but they never even bothered to send it to me!!

 

Done my head in enough for today, I'm going to bed!

 

Happy reading, (cos I know you'll re-read it! It's so incredulous you'll have to just to believe they really wrote that :D)

 

Goodnight Cab, thanks for your input x

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i was hoping for more than wet pant's:cool:

 

cab

 

 

Wet pants is nothing but the start :lol:

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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On it's way my dear x

 

 

I am actually speechless......seriously is that the best they could do :-o yes ok you missed payments, yes ok you refused to let car go but it still doesnt take away from the fact they NEEDED a court order to enter your property!! I honestly believe now that they live on another planet! How can they admit parts as in agreements existing etc then at the end say they deny everything?! I tell you what the more I see the more they confuse my brain! Im sure none of them are legally trained and if they are its poorly :-|

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Good morning all, I'm glad to see everybody has awoken with renewed Welcome busting vigour!! :D

 

 

Morning :) I hope now the shock and daze caused by such a shoddy defence has now worn off ;)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Morning :) I hope now the shock and daze caused by such a shoddy defence has now worn off ;)

Indeed it has :)

I really struggled to believe that their defence could be so contradictory, vague and amateurish that I convinced myself, (almost!), that there must be some kind of catch and it was me that was wrong!!

 

But thanks to my wonderful colleagues on here I was dutifully reassured that their defence really was the tripe I first thought it was ;)

 

All is peaceful again in the wannabe household :D

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I am actually speechless......seriously is that the best they could do :-o yes ok you missed payments, yes ok you refused to let car go but it still doesnt take away from the fact they NEEDED a court order to enter your property!! I honestly believe now that they live on another planet! How can they admit parts as in agreements existing etc then at the end say they deny everything?! I tell you what the more I see the more they confuse my brain! Im sure none of them are legally trained and if they are its poorly :-|

That's all well and good should I have said "I made all the payments, I had paid more than a third, the title of the car was legally mine etc etc".

BUT I DIDN'T YOU FOOLS!!

 

If they want to go down the "missed payments" route then maybe they should've told the court the FULL story, i.e. all the complaints I made about PPI misselling and the amount of the re-write and their non compliance with my subject access request and how I was totally ignored BEFORE I stopped paying in protest!!

I refused to let the car go because they didn't have a court order!!!

 

Madness :-x

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Indeed it has :)

I really struggled to believe that their defence could be so contradictory, vague and amateurish that I convinced myself, (almost!), that there must be some kind of catch and it was me that was wrong!!

 

But thanks to my wonderful colleagues on here I was dutifully reassured that their defence really was the tripe I first thought it was ;)

 

All is peaceful again in the wannabe household :D

 

 

I think your reaction was totally natural given you are LiP and they are a company with supposed trained staff! Glad to hear peace is restored :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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That's all well and good should I have said "I made all the payments, I had paid more than a third, the title of the car was legally mine etc etc".

BUT I DIDN'T YOU FOOLS!!

 

If they want to go down the "missed payments" route then maybe they should've told the court the FULL story, i.e. all the complaints I made about PPI misselling and the amount of the re-write and their non compliance with my subject access request and how I was totally ignored BEFORE I stopped paying in protest!!

I refused to let the car go because they didn't have a court order!!!

 

Madness :-x

 

 

Thats precisely how I saw it, I dont think they understood the poc and have answered something that isnt even there :confused:

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Thats precisely how I saw it, I dont think they understood the poc and have answered something that isnt even there :confused:

Well exactly! Their defence is holier than the Pope himself! My only choice now is whether to reply or not.

There are pros and cons for both.

 

It'll be down to the judge on the day whether he chucks out their defence on the basis that it is invalid and then I should get judgement the same day.

 

Question: Do I reply and sow the seeds of "invalid defence" with the judge, but then run the risk of not replying properly and have it look bad for me???

 

If I don't reply tho, there'll be a lot of pressure put on the day and all the whatif's spring to mind. What if the judge won't listen to me??, what if their rep is so bolshy I can't get a word in??? What if the judge makes his mind up before we even start??

 

To do, to do.......:confused:

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I kind of would like to have the last word tho. Yes that's childish, I know!!

 

 

I dont think its childish.....as you say there are pros and cons for both I know which I would do in your position but whats right for me may not be for you :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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I dont think its childish.....as you say there are pros and cons for both I know which I would do in your position but whats right for me may not be for you :)

Please tell, any opinions are gratefully received and I don't hold anyone responsible for the decisions I make :)

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Please tell, any opinions are gratefully received and I don't hold anyone responsible for the decisions I make :)

 

 

If it was me i would respond, purely because it takes the heat off on the day of the hearing as the judge will have already read the majority of your arguement, if the judge is going to be influenced that is the opportunity to do it. Id be planting seeds like a professional landscape gardener :lol:

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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If it was me i would respond, purely because it takes the heat off on the day of the hearing as the judge will have already read the majority of your arguement, if the judge is going to be influenced that is the opportunity to do it. Id be planting seeds like a professional landscape gardener :lol:

I was inclined that way, just a bit nervous of ending up getting it adjourned as a result. I'll look into it further.

Cos Ideally I would like it all done and dusted by this time in 2 weeks :-|

My costs are mounting Welcome, all this time at £9.25 per hour!

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I was inclined that way, just a bit nervous of ending up getting it adjourned as a result. I'll look into it further.

Cos Ideally I would like it all done and dusted by this time in 2 weeks :-|

My costs are mounting Welcome, all this time at £9.25 per hour!

 

 

i guess the only good thing about an adjournment is it would indicate it is being looked into properly rather than just siding with 'the defendant'

 

Oh poo I forgot about time.......

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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i guess the only good thing about an adjournment is it would indicate it is being looked into properly rather than just siding with 'the defendant'

 

Oh poo I forgot about time.......

I didn't put time in my claim. You get the chance to do that at the hearing luckily ;)

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I didn't put time in my claim. You get the chance to do that at the hearing luckily ;)

 

 

Handy to know ;)

 

Nothing in post for me today so im guessing defendant will be 'served' next week

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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