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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. 
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      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.

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      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.

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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
        • Like

Bong v HSBC *Contractual Interest & 13yr claim**WON!!!**


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Hiya lattie,

 

Well then there is this thread here which is a successful claim for interest on the manged loan : http://www.consumeractiongroup.co.uk/forum/hsbc-bank/16862-husband-hsbc-paid.html#post131690

 

What I said to pete, in a PM, was that I understand this to mean the following:

 

Say for instance the managed loan consisted of old overdraft of £2000, bit of spending money £500, and credit card balance £1500. Total £4,000. Managed loan taken out on say 25 June 2005. What I would do is using the spreadsheet you made to reclaim your bank charges, find out what the unlawful charges and overdraft interest on the unlawful charges totalled at 25 June 2005. Say it totalled £2,000. That means half of the managed loan was taken out to pay unlawful bank charges and interest, and it follows that half of the interest on the managed loan is reclaimable.

So you will need to find out what percentage of the managed loan related to unlawful charges and interest and apply that percentage to the ML interest.

 

I would also then apply contractual interest to the monies being reclaimed, or statutory interest when it goes to court.

 

At the moment I'm still thinking about what would happen with future interest on the ML. These are my thoughts - if they have refunded the offending penalty charges, and you could technically use this money to pay off that part of the ML, then you are in a poisition to mitigate your loss as it were and reduce the interest that is accruing. I think therefore that if you don't use the money in this way, maybe you would not be entitled to future interest rebates. Perhaps, looking at it this way, the claim for interest on the ML would only relate to interest charges in the period from when the ML was taken out to the date your current account charges were refunded? However your claim for interest on top would carry on until the claim was settled.

 

I hope this helps and hasn't confused you

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guess what! i actually understood that. you are a star! and i will tip my hat (and the scales). i don't know what he will say when i talk to him about it - he used 2k of the 2280 he got refunded on the current acct. to reduce the m.l. so i know it is bugging him (but also embarrassed to be there in the first place, no matter how much i've told him he is a little fish in a very big sea), so, thankx for that. i will munch on it and see what he wants to do. if he decides to go with it - i look forward to another challenge and will let you know if we do.

thankx again, ms bong!

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just one more thought - before i get too excited. here's the quote from the acceptance letter he signed on the current account.

"I accept the sum of £xxx.xx in full and final settlement of my claim against HSBC. I agree to keep the fact of my claim and HSBC's ex gratia payment stricly confidential."

you'll see where i'm going with this - would this preclude us claiming for the interest on the ml as it's covering those charges - should this have been done all together (like husband's thread) or can it be done now? i would think it's ok but want your thoughts. thankx

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My thoughts are that his acceptance was only in relation to what was included in that claim document. This is a new claim in respect of previously undisputed interest charges.

 

If they try to fight it you can use the fact that they've already settled a similar claim (husband's) against them.

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now that can only mean one thing Bill - com'on where you been? who with?;) have you been offering free bananas around again?

 

Thank you both for blobbing me:D

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now that can only mean one thing Bill - com'on where you been? who with?;) have you been offering free bananas around again?

 

Thank you both for blobbing me:D

A gentleman never discloses...

A gorilla just gets on with the job...someone has to do it.

Too much information again - giving myself away willy-nilly, or should I say bananarama ?

 

Aaaw, heck !!! :mad:

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and now she has four i see! well deserved in my book - you still get my vote for site helper or mod! have a good friday, bong. if passed fridays are anything to go by - there just may be some happy offers in the post today for our little impatient fledglings!

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Is that right, Lateralus - has she just been blobbed up to four ?

 

Well, congrats Bong - you not only became a black belt in origami this week, but a four-blob bank-basher, now, too !!! :D I'm damn glad you're a mate - not an enemy.

 

Hope it's as good a Friday for you, too, Lattie !!

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  • 2 weeks later...

Hi Bong

 

Just wondered if you had heard anything else as we are both running similar time lines - natwest filed acknowledgement on the last possible day grrr and now there defence is due this Friday and not heard a thing - just wondered if your defence had come through yet, will be interesting to compare defences as same POC's used on N1's.

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:( Nothing to report :(

 

they've got until 20th (a week tomorrow) for their defence and HSBC solicitors are slowing up now with the responses. yes it will be very interesting to compare defences won't it:D I'm subscribed to your thread so I'll pop along there when you update with any news.

 

everything crossed for us both

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DEFENCE RECEIVED THIS MORNING FROM THE LOVELY DEBS :D

 

All standard stuff which makes it interesting seeing as my claim wasn't standard stuff :D .

 

1. the claiman'ts account is governed by the defendant's personal and/or business banking terms and conditions. (don't they know which?)

 

2. pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list, including an overdraft review fee for considering whether to provide and providing an overdraft.

 

3. the defendant denies that the charges applied to the claimants account amount to penalties at common law and/or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs).

 

4. the charges applied to the claimants account are reasonable and are properly and fully disclosed in the defendants terms and conditions and published price list. the charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them (but DG I haven't used them!); alternatively, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and accordingly cannot amount to a penalty.

 

5. save as set out above, each and every allegation made by the claimant is denied. for the reasons set out above, it is denied that the claimant is entitled to the relief claimed or any relief. (looks like I'll be crossing me legs then:D )

 

statement of truth...

 

 

 

AQs to be in by 29 December.

 

 

oh what fun

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Wow I expected something much different than that lol hehehehe with all the amount of cases they have in at the moment maybe they didnt notice the dates LOL :p well here is hoping - nothing in the post for me this morning only 2 more posty runs to go ;)

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oh what fun

...it is to be on a one-horse open sleigh !!

 

Sure looks to me like they're sending out defences as templates, like sod-offs. They know they've lost, and are just knee-jerking, it seems to me, Bong.

 

Oh, thanks for the clickie - you're most kind. I won't ask where you've been though! Oh - special thanks in fact - it "blobbed" me up, too !!!

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do you know what I've discovered?

 

this isn't their standard defence. I've just looked at all the hsbc defences that've been posted up in the forum and they've really excelled themselves with this one. i've got an extra 2 paras that no-one else has got! na-na- na-na-na! shame they haven't made the usual boo-boo of saying "...price for a service provided by the claimant.":p

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LOL @ Bong! We always knew you were special!

Prelim sent to HSBC 10/10/2006 for £5035

no response :x

LBA sent 24/10/2006

no response :x

MCOL filed 10/11/2006 :eek:

MCOL issued 13/10/2006

HSBC acknowledged MCOL 17/11/2006

HSBC entered defence + case transferred 12/12/06 :mad:

FULL OFFER! Received today 14/12/06 :D

 

If I have been of assistance, please tip my scales but don't forget, this is only my personal opinion, I'm no legal eagle!

 

Please sign this petition:

http://petitions.pm.gov.uk/PAYUSBACK/

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Bong - or anybody here, I'm trying to get someone to look at Tanz'z thread here. I can't help much there as it's not my field (so far), Claiming charges + Default removal. Can anyone take a peek - it's a simple query, I think :-

http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-capital-one.html?nojs=1#goto_threadtools

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hi Bill - I've had a look but defaults aren't my field either. There is a sub-forum in the legalities forum for default issues, thats all I can suggest.

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Hello again!

 

wow, nice particulars!! (damn, foot in it again!)

 

I take it sections 9+10 are there just because your claim goes beyond 6yrs?

 

may i pillage a few bits of wording and arrangement please?! will add to my existing draft

 

wil.

BANK: Halifax

CHARGES: 2994

CONTRACTUAL INTEREST: (29.8%)

PRELIM SENT: 4/10/06

ACKNOWLEDGED: 18/10/06

PULTERY OFFER RECEIVED: 26/10/06

NEW & IMPROVED PRELIM SENT: 7/11/06

FINAL LBA : 17/11/06

N1 SUBMITTED: 18/12/06 (deemed served 20/12)

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Hello again!

 

wow, nice particulars!! (damn, foot in it again!)

 

well thank you:p

 

 

I take it sections 9+10 are there just because your claim goes beyond 6yrs?

 

you're right there

 

may i pillage a few bits of wording and arrangement please?! will add to my existing draft

 

wil.

 

you may

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Hey Bong!

 

Finally got my RBoS big contractual interest & 6+ year claim underway today - see here. Your PoC were most useful, thanks - think I already clicked you for them though, cos it won't let me do it again :D

 

Cheers

 

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

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