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    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
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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.

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    • 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.

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


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Only my prospectus from uni for the law degrees ;-)

Already been down to court and filed my Unless Order :-D

 

Excellent on both fronts. Have a peek at the open university web site too, they are good!

 

Did the court say how long the unless order would take ?

 

Its good that it is now on record that they have taken nearly 2 weeks , and they still havent sent the paperwork !

Any advice I give, is given with the best intention of helping. I am not legally trained, so it is probably best to just ignore me;)

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Excellent on both fronts. Have a peek at the open university web site too, they are good!

 

Did the court say how long the unless order would take ?

 

Its good that it is now on record that they have taken nearly 2 weeks , and they still havent sent the paperwork !

 

Yay for uni prospectus and yay for unless order -OU takes a long time to complete though due to having to do a unit a year and its 6 units ive looked into it plus the cost of the first year is £750, im starting my degree with them in October and was looking to transfer from what im doing to Law but I dont want to take that long so im going to stay as I am :)

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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what are you currently studying Beyondhope ?

 

At the moment im waiting for my insurance certificate to childmind, its never going to come quick enough LOL And as of 2nd October I'll be doing OU degree in Childhood and youth :)

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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well done ! Hope the insurance comes through soon, and good luck in October x

Any advice I give, is given with the best intention of helping. I am not legally trained, so it is probably best to just ignore me;)

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well done ! Hope the insurance comes through soon, and good luck in October x

 

Thank you :D

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'm so happy today! free-happy-smileys-302.gif

After being originally quite disappointed that I couldn't file my N244 on the day I intended, I have today realised that the delay has unequivocally worked in my favour. Fate playing it's part yet again free-happy-smileys-269.gif

As of yesterday we are at 4 weeks until the Summary Judgement hearing.

The unless order for compliance with disclosure will be served on them around 24th/25th August and then they'll have until 31st Aug/1st Sept to comply.

However, during that period the deadline for receiving their Witness Statement will be upon us-20th Aug. Providing that they then supply the disclosed docs in accordance with the unless order and going by their previous form, I will take it that they then fail to submit their WS by the 20th.

My next step will be to file ANOTHER N244 for compliance with serving Witness statements on Aug 23rd; this unless order will probably be served on them around 31st Aug/1st Sept giving them a further 7 days to comply, which conveniently takes us up to 2/3 days before the hearing!!

 

However....they also have until 7 days BEFORE the Summary Judgement hearing to file any evidence they will be relying on at the hearing, which is 3rd September.

 

And.....if they don't send me a copy of the document they disclosed that I know doesn't exist I will also be writing in to court to request permission for referral to the Attorney General for Contempt of Court based on them making a false disclosure statement.

 

They are going to be excruciatingly busy over the next few weeks methinks! Funny how everything is due all at the same time eh??! free-rolleye-smileys-1030.gif

 

So..in conclusion I am hoping that come 10th September I will be in front of Judge armed with:

 

  1. Their defence as an admission
  2. My application for summary judgement with my witness statement
  3. The service of 3 unless orders on them as a result of contemptuous disregard for the time limits set by the court
  4. An allegation of contempt of court

Fingers crossed the Judge on the day sees fit to pass Judgement! please-please-boy-sad-smiley-emoticon-000383-medium.gif

 

Obviously my analysis is based on quite a few presumptions and I am fully aware that things may not happen this way exactly, in fact anything could happen at this time!! This is just my informed opinion according to their previous track record :p

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So..in conclusion I am hoping that come 10th September I will be in front of Judge armed with:

 

  1. Their defence as an admission
  2. My application for summary judgement with my witness statement
  3. The service of 3 unless orders on them as a result of contemptuous disregard for the time limits set by the court
  4. An allegation of contempt of court

 

AND...

 

5.A coachload of caggers

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This ensuing chain of events relies on them actually responding to the current unless order and submitting their disclosed documents for inspection otherwise their statement of case will be struck out and I can apply for judgement by default.

 

The only thing that I'm a little concerned about is what evidence I would get to rely on at the hearing, I don't think I can submit any more now unless they submit something as evidence. But having said that, all the unless orders and details of their conduct will be on the file that will be in front of the judge, would they??

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Guess who hasn't sent me their witness statement by the deadline today?? This is getting tiresome now, oh well at least they should be getting an unless order early next week :-)

 

Oh for goodness sake! are they trying to deliberately up the costs they have to pay?? Mr P if you are reading this do yourself a favour and save yourselves some money eh! She's NOT going away!! and neither am I for the record :oP

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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Well you know what the ex-welcome employee said "they're too busy S***ing themselves and running around not knowing what to do". What can you realistically expect from folk in that situation?? :lol:

 

Although I have to say I am feeling considerably under-challenged!!!

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Well you know what the ex-welcome employee said "they're too busy S***ing themselves and running around not knowing what to do". What can you realistically expect from folk in that situation?? :lol:

 

Although I have to say I am feeling considerably under-challenged!!!

 

And as the very same also said....theres no excuse!

 

Bless you hun how dare they under challenge you! LOL Any news on the uni front?

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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Ladies and Gentlemen please fasten your seatbelts, all exits are now closed! free-scared-smileys-706.gif

Just had a letter from court about my recent application for an unless order. Apparently the Judge deems it unsuitable for hearing on paper and it has been incorporated into my hearing for Summary Judgement! That's it now, there are NO options left to them to get out of this without liability. The judge wants them in court and it's off to court we go! The Default Judgement exit is no longer an option.

 

20 days remaining.....free-random-smileys-161.gif

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Ladies and Gentlemen please fasten your seatbelts, all exits are now closed! free-scared-smileys-706.gif

Just had a letter from court about my recent application for an unless order. Apparently the Judge deems it unsuitable for hearing on paper and it has been incorporated into my hearing for Summary Judgement! That's it now, there are NO options left to them to get out of this without liability. The judge wants them in court and it's off to court we go! The Default Judgement exit is no longer an option.

 

20 days remaining.....free-random-smileys-161.gif

 

 

OMG!!!!! YAYYYY!! Your wish shall be the courts command!!! So they decided that an unless order is a waste of time then? Well I suppose there has to be a line and they shouldnt need an unless order at any stage let alone every stage! Whats next before hearing? Im so pleased 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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OMG!!!!! YAYYYY!! Your wish shall be the courts command!!! So they decided that an unless order is a waste of time then? Well I suppose there has to be a line and they shouldnt need an unless order at any stage let alone every stage! Whats next before hearing? Im so pleased for you!!

Well not so much a waste of time cos included with the letter is a Notice of Hearing of Application stating "The hearing of the claimant's application for an unless order will take place at "......same time and date as Summary Judgement hearing.

 

I'm just trying to digest what all this means and what the implications are. The only thing I can glean for definite is that there will be no default judgement option. The rest of it is anybody's guess!!!

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Well not so much a waste of time cos included with the letter is a Notice of Hearing of Application stating "The hearing of the claimant's application for an unless order will take place at "......same time and date as Summary Judgement hearing.

 

I'm just trying to digest what all this means and what the implications are. The only thing I can glean for definite is that there will be no default judgement option. The rest of it is anybody's guess!!!

 

Ah I see what you mean! Well it can only be a good thing that they be held accountable one way or another!!

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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Ah I see what you mean! Well it can only be a good thing that they be held accountable one way or another!!

Well exactly, that's what I'm so chuffed about! free-random-smileys-275.gif

All in though I'm thinking that this whole case since the beginning has been shall we say, 'unusual' and therefore the only fair way of disposing of it as well as making sure the court remains free of any possible ramifications, would be to have a hearing.

 

It is tickling me though to think of Mr P's face when he gets his copy on Monday :lol:

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Well exactly, that's what I'm so chuffed about! free-random-smileys-275.gif

All in though I'm thinking that this whole case since the beginning has been shall we say, 'unusual' and therefore the only fair way of disposing of it as well as making sure the court remains free of any possible ramifications, would be to have a hearing.

 

It is tickling me though to think of Mr P's face when he gets his copy on Monday :lol:

 

Nice dance girl LOL

It has been rather 'not the norm' hasnt it, but thats fate for you :D

Oh my! his face is going to be a picture :lol: Im wondering at what point you get an offer to go away! Or will they even realise that it's over until it's too late!

Isnt 'our friend' on holiday soon also?

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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Nice dance girl LOL

It has been rather 'not the norm' hasnt it, but thats fate for you :D

Oh my! his face is going to be a picture :lol: Im wondering at what point you get an offer to go away! Or will they even realise that it's over until it's too late!

Isnt 'our friend' on holiday soon also?

Yep! 26th August to 1st September inclusive. So he'll come into work Monday morning and have Mon, Tue and Wed to do something before he's off. Best bit is he'll be back Thursday 2nd September and only have THAT day to prepare and send to the court any evidence he wishes to rely on at the SJ hearing. To date they have sent diddly squat in response to the SJ application. In fact the only things I have received from them in response to this entire claim are:

 

  • Crappy defence/admission
  • Completed AQ (late, after court served an unless order)
  • Standard Disclosure by list containing reference to a non-existent doc

and that's it!!

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