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    • 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. 
    • I’m tempted to send a letter to the company outlining the reasons why I think their PCN is illegitimate. I guess will technically be an appeal.  Their documentation states they won’t discuss over phone, I also don’t want them to have my email address.    re signage on entrance, having looked at land registry, the whole road is private, and when you turn into the road off the highway, there is a sign on the lamppost about 20m in, again not noticeable and on the other side of the road.  I feel like I am in a difficult position with this, I understand that I may have a good chance of not having to pay, but at the same token the stress this is already causing me makes me feel like it’s not worth the £60!
    • Well done with the photo. Of course the signage is insufficient.  PPM are not interested in competent management of a car park, they are interested in catching drivers out so they can issue their PCNs. For a start, according to their trade associations' Codes of Practice, they are supposed to have signage at the entrance. Any e-mail reply from the company and whether they will/won't/can/can't get the invoice cancelled?    
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    • 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. 
       

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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

Advent Computer Training (Barclays Partner Finance)Info and discussion thread


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Yes definitely I'm sure they'd be interested especially if there's more than the hubpages one although I think Fuzzbutt may have sent that one.

 

Hi Bluedo, yes the hub page one was all I sent. I didn't realise there was more info though....I haven't had anything posted to me. Please do send it on to Hausfeld, in that case, guys.

I'm concerned not to get these people/person in trouble though. In doing us a turn they could be risking their own job and the full weight of BPF's spite for speaking up.:-(

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Just goes to show how any right thinking person looking at this situation can see what a scandal this is, and how unfairly we are being treated by them, and if the BPF employees think it's wrong well that's saying it all.

So more power to them.

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Hi Fuzz,

Would be great if just one of the whistleblowers would come forward when this goes to court where they won't be able to bluff any more. Wonder if the letters would be admissable as evidence.

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I also had the gospel according to BPF today, it seems to be an ex BPF staff on our side, but no contact details, they have said BPF is wrong, which is good to hear from ex staff. It's possibly the staff that got laid off in scotland with an axe to grind themselves

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Hi Fuzz,

Would be great if just one of the whistleblowers would come forward when this goes to court where they won't be able to bluff any more. Wonder if the letters would be admissable as evidence.

I would certainly think (and hope!) so as they are written evidence, not someone talking rubbish on a phone!

 

I never got one, but will be interesting to see if I get one today.

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Hi Fuzz,

Would be great if just one of the whistleblowers would come forward when this goes to court where they won't be able to bluff any more. Wonder if the letters would be admissable as evidence.

 

Even if they are just willing to speak in confidence to our lawyer and reveal their identity to her, so she can verify it's all legit....??

I guess the letters alone, unsigned, are just hearsay until then. Copies of BPF internal documents, confidential emails etc would certainly back up these claims so they stand unchallenged though.

 

If they are reading this you can do this through me (organiser) or direct to Hausfeld please. It would certainly help our case and maybe ensure the directors of BPF have to answer awkward questions

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Hi all,

I too have received 2 letters from BPF to-day 1 demanding payment of arrears and a £22.50 charge the other a threat to pass it to Mercers if arrears not paid and they will go after the full amount, as they have been unable to contact me.

I have written numerous letters spoke to them on the phone, disputed the account did everything by the book at the beginning.

Been to Trading Standards, Consumer Direct, MP, Watchdog, FOS,

It's been more like I have been unable to contact them as they have totally ignored all my attempts at contact, My complaint investigated by them ended in they don't think S75 applies to them?????

 

If the 0151 471 1776 number is Mercers already then they have been calling every day twice a day for weeks. As I believed this was Mercers number and I saw on the caller display before I answered it, I let her know I knew they were Mercers she denied this and said "No we are BPF and the number is 0844 ..." Blatent lies!!

I have no faith in FOS and my only hope is with the legal action being taken with Hausfeld.

 

Jeanne join the class action lawsuit against BPF with Fuzzbutt as I think it's our only hope.

 

Does anyone know if anyone has pursued their claim in a court themselves?

 

Lewis, I spoke to a nice guy from BPF a while back who was sympathetic and said he'd get the calls stopped that was at 1.14pm at 1.19pm got another call, and they've continued since.

I hope they do stop annoying you for thirty days cos it's a pain getting harrassed by them constantly that's why now I don't answer at all they will have to write to me now.

 

I got those letters last Friday.. I called BPF and asked what was they doing about my complaint.. she said I needed to write in.. I told her I had.. she said that she could not see it and she was not going to put my account on hold.. or that its in dispute.

 

So I told her I am one of the students who is taking group action against BPF.. she said she will note it on my account.

I wonder if they will step up actions against me now they know.. it will be interesting to see.

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Whilst these letters are helpful to us, Barclays have also now breached the Data Protection Act as their staff/ex staff have managed to get customers personal details - just another thing to add to the courst case!! thanks guys :-)

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Whilst these letters are helpful to us, Barclays have also now breached the Data Protection Act as their staff/ex staff have managed to get customers personal details - just another thing to add to the courst case!! thanks guys :-)

 

How do you mean staff have our details??

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How do you mean staff have our details??

 

We've recieved letters from ex Barclays staff talking about how wrong Barclays have been. They have gone into Barclay's systems and fished out all our addresses, possibly before they left the company or they may be still with the company.

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We've recieved letters from ex Barclays staff talking about how wrong Barclays have been. They have gone into Barclay's systems and fished out all our addresses, possibly before they left the company or they may be still with the company.

 

 

Really to the cag mail?? or personal email address?

And they are giving info?? in which case their id should be protected under the informant protection law.. forgot what the real name for it is

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Really to the cag mail?? or personal email address?

And they are giving info?? in which case their id should be protected under the informant protection law.. forgot what the real name for it is

 

?? no we've been posted letters via the post!!

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?? no we've been posted letters via the post!!

 

What!! :eek:

 

I only get demands for payment.. and last week the threat of default notice and mercer.. and when I call them to talk about them.. they dont want to hear what I have to say.. they even tried to get my new phone number off me :p

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What!! :eek:

 

I only get demands for payment.. and last week the threat of default notice and mercer.. and when I call them to talk about them.. they dont want to hear what I have to say.. they even tried to get my new phone number off me :p

 

Ah right no I paid the loan off before the year interest free was up, and I'm Access2Trade

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hey Guys you need to check out the posting by Mannix2901 on the hitachi section..

 

seems she took out a loan on behalf of her partner so he could train with advent..

upshot is because she is not the student with advent.. S75 does not apply.. she is not the recipient of the training course so cant claim..

 

Even so Hitachi are still willing to stand by their original offer they made previously even though they dont have to..

 

I feel that Hitachi Bank is an example of how Barclays should be treating their customers instead of trying to screw us.

 

Hats off to Hitachi bank :cool:

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man I'm sick of all the bulls*** from BPF!!

I've just got off the phone from them, talking to a guy called Michael and after a very lengthy phone call of over 30minutes going round in circles about why I’m still being charged and why we should have to accept Computeach as the alternative provider, he basically said that when I signed up to Advent, Barclays paid them for me. Then in March 2010 when Computeach was appointed as the alternative provider, Barclays also paid them to take up my course.

He said if I wanted the payments to stop, I would have to contact Computeach to see if they would allow me to cancel.

I told Michael that when I received the email from Computeach asking me to follow the link to sign up to the course, I didn’t. I didn’t even reply to the email. I would never agree to study with Computeach.

I asked how Barclays could send my money to another company without my permission, and also I was under the impression that there was some sort of money that was set aside by Advent , to pay for alternative course providers in the event of them going out of business so actually, Barclays haven’t paid for 2 courses for me like Michael was saying!

WHAT!!!!???? is that a new story or has anyone else been fed this too!?

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hi all just to let you no i got another copy if the bible according to B.P.F

through my door today this time post marked from Manchester im going to send both copy's in there envelopes to the legal team to show them where they are coming from this is clearly a breach in barclays and a breach of the D.P.A

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man I'm sick of all the bulls*** from BPF!!

I've just got off the phone from them, talking to a guy called Michael and after a very lengthy phone call of over 30minutes going round in circles about why I’m still being charged and why we should have to accept Computeach as the alternative provider, he basically said that when I signed up to Advent, Barclays paid them for me. Then in March 2010 when Computeach was appointed as the alternative provider, Barclays also paid them to take up my course.

He said if I wanted the payments to stop, I would have to contact Computeach to see if they would allow me to cancel.

I told Michael that when I received the email from Computeach asking me to follow the link to sign up to the course, I didn’t. I didn’t even reply to the email. I would never agree to study with Computeach.

I asked how Barclays could send my money to another company without my permission, and also I was under the impression that there was some sort of money that was set aside by Advent , to pay for alternative course providers in the event of them going out of business so actually, Barclays haven’t paid for 2 courses for me like Michael was saying!

 

WHAT!!!!???? is that a new story or has anyone else been fed this too!?

 

Barclays may have already paid for original course you signed up for.. I dont believe Barclays has paid for you to study with computeach unless you signed up to do so.. its bull.. no company will pay money without reason to.. and in this case until you sign up with computeach and have a signed agreement with them.. the bank is not going to supply finance to that company.

 

That BPF rep either does not know what he is talking about.. or is messing with you.

 

either way.. calm down and know we will be the ones with smiles on our faces when it goes to court.. might even be an excuse for a ciggerette?? though I dont smoke :cool:

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And another thing.. Barclays as the company that provided original finance, would have been primary creditor to be paid when advent went bankrupt ahead of any of us.. no info about how much they got back.. or what they did with that money.. and still they want more money from us..

 

its seems they are trying to have their cake and eat it.. :confused:

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yeah thats exactly what I thought! I've written out all I can from the phone call and sent it to FOS and the legal team.

Calming down is something I seriously need to do!...if only there were someone here to shake me!haha

If this never ending nightmare finally finishes one day, I'll be the happiest and calmest bunny there is! :-)

Just couldn't believe he had the nerve to say those things! I'm not as stupid as I must sound!!haha

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man I'm sick of all the bulls*** from BPF!!

I've just got off the phone from them, talking to a guy called Michael and after a very lengthy phone call of over 30minutes going round in circles about why I’m still being charged and why we should have to accept Computeach as the alternative provider, he basically said that when I signed up to Advent, Barclays paid them for me. Then in March 2010 when Computeach was appointed as the alternative provider, Barclays also paid them to take up my course.

He said if I wanted the payments to stop, I would have to contact Computeach to see if they would allow me to cancel.

I told Michael that when I received the email from Computeach asking me to follow the link to sign up to the course, I didn’t. I didn’t even reply to the email. I would never agree to study with Computeach.

I asked how Barclays could send my money to another company without my permission, and also I was under the impression that there was some sort of money that was set aside by Advent , to pay for alternative course providers in the event of them going out of business so actually, Barclays haven’t paid for 2 courses for me like Michael was saying!

 

WHAT!!!!???? is that a new story or has anyone else been fed this too!?

 

 

In my T+C's it says they will make part payment to the supplier. Now I guess they've made part payment to computeach. Is that what they mean? Afterall they're not going to hand over the full amount to Advent straight away or else Advent would take the money and run (or to put it another way, take the money and run much sooner)

 

Also I'm concerned about this ex/current employee from BPF. In my Advent T+C's it says they are "only liable for breaches under the DPA if they are shown to be negligent" otherwise it's the person who knowingly obtained the information who is at fault, I guess it's the same for BPF. That is unless our man/girl on the inside can show it was in the public interest.

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And another thing.. Barclays as the company that provided original finance, would have been primary creditor to be paid when advent went bankrupt ahead of any of us.. no info about how much they got back.. or what they did with that money.. and still they want more money from us..

 

its seems they are trying to have their cake and eat it.. :confused:

 

And what did happen to that difference in course fees between £1,670 per year with CT and the £4,950 average we paid for Advent's fees? I don't see BPF offerring to refund the difference to anyone in their course fees...hmmmm....stinks doesn't it! :rolleyes:

I raised that directly in my complaint to BPF MD, Paul Noble, and guess what? You've got it! No answer, brushed under the carpet in the hope I'd go away.

Well, I haven't, and the numbers for the legal action are still growing!

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And what did happen to that difference in course fees between £1,670 per year with CT and the £4,950 average we paid for Advent's fees? I don't see BPF offerring to refund the difference to anyone in their course fees...hmmmm....stinks doesn't it! :rolleyes:

I raised that directly in my complaint to BPF MD, Paul Noble, and guess what? You've got it! No answer, brushed under the carpet in the hope I'd go away.

Well, I haven't, and the numbers for the legal action are still growing!

I also mentioned this to the FOS in my challenge to them not upholding my complaint. Been well over a week now since I sent the challenge fax over to them.

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I have no Faith in the FOS at all now my case has been nine weeks waiting to be assigned to an adjudicator. I received one of those letters from someone from BPF, So now they are going to get fined by government for breaching data protection, and i am going to sue them for letting my details slip. I am not fully signed up for the group action yet as the lady at Hausfeld i spoke to said to wait and see what the FOS says.

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I also mentioned this to the FOS in my challenge to them not upholding my complaint. Been well over a week now since I sent the challenge fax over to them.

 

Be interesting to see how the FOS excuse their decision to you, Roadie. :confused:

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