Jump to content


  • Tweets

  • Posts

    • The "grief tech" firms helping users create talking avatars of their dead relatives.View the full article
    • I do disagree with you regarding one thing - we are not very good with letters or these situations and are slow on the uptake. So far you have stood up to Excel and their threats, immediately given us the information in the sticky, done loads of reading up to educate yourselves, learnt from the mistake of outing the driver so you'll know not to do so in the future, got on to the organ grinder to try to get them to call off their dogs, etc., etc.  Good grief - we wish everyone who came here would do this!!! Most people who get these invoices sadly think they have been fined and if they don't pay a drone from Ukraine will be diverted and will fall on their home (or some such vague grand apocalyptic threat) and they fold and give in.  You haven't.  Well done. Don't worry - you won't be paying a penny.  Although it will take some time to see off this vile company.
    • Spot on!  You learn quickly. Who cares if the case gets sent to debt collectors?  They have no powers.  All the effort you will have to put in will be to open envelopes - and then spend time laughing at their daft "threats".  No stress at all!
    • I did ask them why, but seems they have more spare cash than we do .. ;-( .. I doubt their bank would even support a chargeback after a year has passed. Anyway I've constructed my first DRAFT Snotty Letter .. so here goes ..   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you had added. Shall we raise that related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding the ANPR entry / exit periods compared with actual valid parking periods. Especially with no consideration of the legally allowed grace periods and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the issues with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture more useless ANPR photos. We will of course be requesting “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Legal Counsel on behalf of the Vehicle Keeper.  
    • Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!
  • Our picks

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

Have i got a case with the Woolwich? **WON**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6488 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Should i have any witnesses? I.e my partner as its a joint account?, Also the question "do you want to use an experts report at the hearing?" and what should i put in the other information box to help support my case?

 

Many thanks,

 

K x

Link to post
Share on other sites

  • Replies 61
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

No witnesses, no expert repot.

 

Other information is only for information regarding the management of the case, not any details regarding the case itself. So for example do you need any special arrangements (e.g. wheelchair access), will there be a lot of paperwork for the judge to read through - basically any other information which would not normally be expected for a small claims hearing.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Guest Mumofthreeboys

I expect I'll be in the same boat as you pretty soon.

 

Make sure to keep us all posted, or else I'll be coming to you for advice. Good luck, not that you'll need it, MOTB xxxx

Link to post
Share on other sites

Had a voicemail message on my mobile from a Jane Ballard at Barclays head office. :o

 

I am going to return her call shortly any advice welcome please....

 

Thanks,

 

K x

 

Could this be the settlement?

Link to post
Share on other sites

When you speak to her I would say that you require any communication in writing and politly say you are ending the call and that you will await her letter. If you don't want to do that try and record the call, but make sure you advise her you are doing so.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Guest Mumofthreeboys
Had a voicemail message on my mobile from a Jane Ballard at Barclays head office. :o

 

I am going to return her call shortly any advice welcome please....

 

Thanks,

 

K x

 

Could this be the settlement?

 

I reckon it probably is - but I would be very non-committal (sp) in what I said over the phone.

Link to post
Share on other sites

Guest Mumofthreeboys
When you speak to her I would say that you require any communication in writing and politly say you are ending the call and that you will await her letter. If you don't want to do that try and record the call, but make sure you advise her you are doing so.

 

Closey - like minds and all that. You were quicker than me this time :D

Link to post
Share on other sites

Just Rang Jane Ballard's number. Jane is now on holiday until Monday 3rd July 2006. Her voicemail said to call her collegue Karl (who i have spoken to before and is useless.)

 

Anyway i just tried to call Karl and got answer phone again saying leave message, ref number etc and someone will get back to me within 48 hours!

 

Aargghhhhhhh :mad:

 

K x

Link to post
Share on other sites

Woolwich rang me back this afternoon. Apparantly got crossed wires. They rang me as they thought i had rang them and vice versa. So, still only willing to offer me £360.

 

The guy i spoke to said they will not give me £440 and if i want this amount i will have to pursue my court case.

 

I am now worried as it looks like they are willing to see me in court.:-|

 

What should i do now? Any advice gratefully received.

 

K x

Link to post
Share on other sites

  • 2 weeks later...

Just spoke to my local court to find out whats happening as i havent heard anything since returning my court allocation questionnaire.

 

Apparently Woolwich have also filled in a court allocation questionnaire. Now i wait and in a week or two i should get a lettert with a court date on!

 

Aaarghhhhhh

 

K x

Link to post
Share on other sites

  • 3 weeks later...
Guest Mumofthreeboys
Oh my goodness! Received a letter today with a court date of the 14th August!

 

I'm really nervous now...........

 

K x

 

My guess would be that you'll get your cheque on about 11th or 12th August. I'll be keeping a close eye on you - I'm just a little behind you, I should be getting my court date any day now ;)

Link to post
Share on other sites

Guest Mumofthreeboys
My partner is saying i told you you should of accepted £360!

 

He's making me nervous!

 

K x

 

Awwww, don't let him make you feel nervous, he'll be laughing on the other side of his face soon you'll see ;) MOTB xxxx

Link to post
Share on other sites

MOTB is quite right...you have nothing to be nervous of. However I would highly recommend you spend this time reading up on the legalities so IF your case goes to court you are fully prepared.

 

That said, I think a full settlement cheque is coming your way very very soon.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Hi all,

 

HURRAH!!!

 

Just received a letter from Barclays stating my "claim lacks merit" and enclosed copies of the terms and conditions relating to my Woolwich account. They have also offered me £390 as full and final settlement and without any admission of liability!

 

I am not happy. If i were to accept this i would lose my £50 court costs.

 

Any advice welcome here.

 

K x

Link to post
Share on other sites

Guest Lueeze

Push for the whole amount after all you will loose out if you dont, you have come this far don't give up, and don't listen to your partner who will say take it take it...

 

If they can offer this amount then they are as good as saying they give up!!

Link to post
Share on other sites

Thanks for the advice Lueeze.

 

I will definatly fight on.

 

Just been reading the Woolwich's terms and conditions for charges on their accounts. It does clearly state "If you have gone overdrawn or breach conditions of account we reserve the right to charge you for any costs incurred in the recovery of your account documents, the cost of the overdrawn balance, reasonable costs and fees paid by us!"

 

So they may think they are right but i don't accept it costs them £30 + each time a d/d is returned to my account!

 

Almost forgot to mention in this letter received today the Barclays say they think my case will fail in court!!!

 

K x

Link to post
Share on other sites

Guest Lueeze

Im filling for my partner on Monday for the Woolwich total £1900 and I will be reclaiming it till the death LOL!

 

They will say ANYTHING they can to make you back down, I just IGNORE anything that comes from them unless its offer of full payment...

 

Lou xx

Link to post
Share on other sites

Hi Lueeze,

 

Thanks once again for the advice.

 

I have also spoken to an admin on the bank penalty charges website where i have the same thread. After a long morning of discussion amongst the admins there, they advised me to courtesy call Barclays tomorrow re: £50 court fee but regardless if i get this or not still go ahead and accept the £390 as this was my original total before incurring court fee. They seem to think if i were to go to court the judge may throw out my case if he knows i have been offered full refund but not accepted this amount. So this is what i am going to do.

 

If anyone reading this is behind me in this process i'd be happy to advise and good luck to you all.

 

K x

 

£390 is coming home!!! :smile:

Link to post
Share on other sites

I would say different too. If you were to go to court and win they would have to pay your costs.

 

I have claimed back costs in my win against Lloyds and they didn't bat an eye lid when ask them to include costs in my settlement cheque.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6488 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...