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    • March 23: As the coronavirus crisis escalates, the UK is placed into lockdown with strict limitations on travel. The Government guidelines state: “You should not be visiting family members who do not live in your home.” The prime minister tells the UK public they "must stay at home". People are warned not to meet friends or family members they do not live with. Those with symptoms had already been told to self-isolate     Friday 27 March: Downing Street On the day Cummings ran out of No 10, his wife, Mary Wakefield, appears to have been already ill, according to her Spectator article about the experience, in which she says: “My husband did rush home to look after me.”   Both Boris Johnson and Health Secretary Matt Hancock test positive for coronavirus, while chief medical officer Chris Whitty says he has symptoms of the disease and is self-isolating.   Mr Cummings said: "I suddenly got a call from my wife who was looking after our four-year-old child. She told me she suddenly felt badly ill." He went home and after a couple of hours his wife felt better and he returned to work. "There were many critical things at work and she asked me to return [to work] in the afternoon and I did." He then "drove up to Durham that night arriving at roughly midnight" with his family.     In spectator articles on 24th and 25th April * Wakefield (wife) wrote in the spectator that Cummings said “I feel weird” and collapsed 24 hours after he came home to look after her * She went on to explain that for the next 10 days “Dom couldn’t get out of bed. Day in, day out for ten days he lay doggo with a high fever and spasms that made the muscles lump and twitch in his legs.” * Cummings wrote that “at the end of March and for the first two weeks of April I was ill, so we were both shut in together.” * The following days, by Wakefield’s account, were a mixture of family idyll and health nightmare, as she made a “palace out of polystyrene packaging” with their son … even as Cummings’s breathing got so bad that she feared he should be in hospital. But 10 days after her husband first fell ill, she said, he began to feel better – just as Boris Johnson went into hospital. That would place the improvement in his condition around Sunday 5 April,     Sat March 28th Is apparently the day Cummings said “I feel weird” and collapsed 24 hours after he came home to look after her His wife went on to explain that for the next 10 days “Dom couldn’t get out of bed. Day in, day out for ten days he lay doggo with a high fever and spasms that made the muscles lump and twitch in his legs.” Cummings wrote that “at the end of March and for the first two weeks of April I was ill, so we were both shut in together.” 10 days from March 28th – would take us to the 7th April.   Mon March 30: Downing Street confirms Mr Cummings is suffering from coronavirus symptoms and is self-isolating.   Tuesday 31 March/1st April: Durham The police have said that on 31 March they were “made aware of reports” of Cummings’s presence in the area and had then contacted the family to “reiterate the appropriate advice around essential travel”.   2 April: During the night, Mr Cummings' four-year-old son "threw up and had a bad fever". Following medical advice, an ambulance took the child to hospital. He was accompanied by Mr Cummings' wife   3 April: Mr Cummings' son spent the night in hospital and woke up the next day having "recovered". He was tested for coronavirus and his mother, who was with him at the hospital, was told "they should return home". According to Mr Cummings, there were no taxis so he "drove to the hospital, picked him up and returned home". He said he "did not leave the car or have any contact with anybody on this short trip".   Sunday 5 April: The ‘Abba’ sighting (despite claims of ten days where he couldn’t get up with a high fever) Cummings alledgedly seen in Garden with AbbA blaring But 10 days after her husband first fell ill, she said, he began to feel better – just as Boris Johnson went into hospital. Which would place the improvement in his condition around Sunday 5 April, … Although the claimed 10 days after the 28th – the earliest point at which Cummings was said to have been symptomatic – would be the 7 April. The Guardian approaches Downing Street about the story, only to be told by a spokesman: “It will be a no comment on that one.” Mr Cummings said "after I started to recover, one day in the second week, I tried to walk outside the house". He confirmed he, his wife and his son went for a walk into woods owned by his father and it was at this point he was seen by passers-by but his family "had no interaction with them". The exact date is not clear but his second week isolating in Durham would have between 4-11th   6 April: At some point in the week leading up to this date, Mr Cummings discussed his decision to travel to Durham with the prime minister. "When we were both sick and in bed," he said, "I mentioned to him what I had done. Unsurprisingly given the condition we were in, neither of us remember the conversation in any detail."   Fri April 10: Number 10 is again contacted for comment regarding Mr Cumming’s trip by the Guardian. Instead of defending the journey, officials declined to comment.   Fri 10th/Sat 11th April: The 14-day period of Cummings’s isolation would have expired on 10/11th April, assuming it is counted from when Wakefield appears to have first fallen ill on 27 March or when Cummings fell ill 24 hours later.   11 April: Believing he had recovered by this date, albeit "feeling weak and exhausted", Mr Cummings said he "sought expert medical advice". "I explained our family's symptoms and all the timings and asked if it was safe to return to work on Monday or Tuesday, seek childcare and so on. I was told that it was safe and I could return to work"   Sunday 12 April: Barnard Castle Wakefield’s birthday, according to Companies House records – they allegedly made a trip to Barnard Castle, a charming town 30 miles from the Cummings’s family property, described on the English Heritage website as having “fantastic views” and “plenty to do for families on a day out”. That detail emerged in an interview with Robin Lees, a retired chemistry teacher who lives in the town. Lees, who says he has a photographic memory, told the Guardian he was “a bit gobsmacked” to see Cummings, and then was so incensed that he made a note of the family car’s numberplate and checked it online when he got home. Cummings acknowledges he drove to Barnard Castle, 30 miles from his parents' home in Durham, with his wife and child. He explained this episode as needing to test his driving was fine before making the long drive back to London. He said he'd been having problems with his vision   Tuesday 14 April: London The Guardian asked Wakefield to confirm whether the family had been in London throughout the lockdown period, but received no reply. Cummings was photographed back in Downing Street on 14 April   Sunday 19 April: ‘bluebell’ woods - Cummings and Wakefield in Houghall woods? Could Cummings have then gone back to the north-east from London? Downing Street is emphatic that he did not. The denial came after another witness claimed to the Guardian and Sunday Mirror that they had seen Cummings and Wakefield on a country walk in Houghall Woods, a beauty spot near his parents’ property in Durham. According to this account, Cummings said: “Aren’t the bluebells lovely?” Cummings says he did not return to Durham   Monday 20 April Cummings seen in London again   May 23: Downing Street statement: “Owing to his wife being infected with suspected coronavirus and the high likelihood that he would himself become unwell, it was essential for Dominic Cummings to ensure his young child could be properly cared for.” The statement said: “At no stage was he or his family spoken to by the police about this matter, as is being reported. “His actions were in line with coronavirus guidelines. Mr Cummings believes he behaved reasonably and legally.” Speaking outside his home, Mr Cummings reiterated: “I behaved reasonably and legally”. When a reporter suggested to him that his actions did not look good, he replied: “Who cares about good looks? “It’s a question of doing the right thing. It’s not about what you guys think.” Later at the daily Downing Street briefing, Transport Secretary Grant Shapps said Mr Cummings had the PM’s “full support” and that Mr Johnson “knew that he was unwell and that he was in lockdown”. Mr Shapps said it had always been permissible for families to travel to be closer to their relatives as long as they “go to that location and stay in that location”. Meanwhile, deputy chief medical officer for England, Dr Jenny Harries, said that travelling during lockdown was permissible if “there was an extreme risk to life”, with a “safeguarding clause” attached to all advice to prevent vulnerable people being stuck at home with no support.   Health Secretary Matt Hancock and Chancellor of the Exchequer Rishi Sunak have tweeted their support for Mr Cummings.   Education Secretary Gavin Williamson said on Monday morning that Mr Cummings had "set out absolutely clearly and absolutely categorically he didn't break the rules and didn't break the law". The attorney general, Suella Braverman, tweet on Saturday in which she quoted the full text of the No 10 statement on Boris Johnson’s chief aide in which the prime minister said he had behaved “responsibly and legally”.   (Disgraceful) Boris Johnson said at the weekend Cummings acted “responsibly and legally and with integrity”   “The PM’s risible defence of Cummings is an insult to all those who have made such sacrifices to ensure the safety of others,” said Johne Inge, the bishop of Worcester, on Twitter.   “What planet are they on?” asked a front page headline in the Daily Mail, an influential right-wing paper usually supportive of Johnson.   https://descrier.co.uk/politics/dominic-cummings-and-wife-tried-to-cover-up-lockdown-breach-in-articles-for-the-spectator/   https://www.theguardian.com/politics/2020/may/24/dominic-cummings-timeline-what-we-know-about-his-movements   https://www.eveningexpress.co.uk/news/uk/timeline-the-coronavirus-lockdown-and-dominic-cummings-trip-to-durham/   https://www.bbc.co.uk/news/uk-politics-52784290   https://www.theguardian.com/politics/2020/may/25/attorney-general-faces-calls-to-resign-defends-dominic-cummings-suella-braverman   https://uk.reuters.com/article/uk-health-coronavirus-britain-cummings/what-planet-are-they-on-no-respite-for-johnson-and-aide-idUKKBN2310UE   https://cyprus-mail.com/2020/05/25/what-plant-are-they-on-press-slams-johnson-and-cummings/
    • simply tell them on the phone writing only sorry as I might want to escalate this to the fos or court. sorry but no speaky..speaky   you night find this interesting?   https://www.theguardian.com/money/2012/jun/09/life-insurance-misselling-aviva-hamilton-life   dx
    • I've had a few missed calls and then text from RBS wanting to talk about the letter I sent, two posts up.    Am I best to wait for them to write? Didn't really want to get into a discussion with them about it ideally!
    • I haven’t even looked.  I doubt some PR bod would have been in the loop.
    • Gove will be rubbing his little hands together in glee. He been quite careful in his limited wording in 'supporting demonic. but he poo'd his own pot a bit with that priority preferential test   No confidence vote (in PM not party).
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sammyw84

expensive photoshoot - need to escape - told cannot cancel - HELP

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hello all my cousin went for a photo shoot yesterday and paid £50 deposit to have a cd of pictures on, and to pay £79 a month for 12 months,

 

however her husband has just gone pysco and she has to get rid of them, it says on the agreement she signed that its non cancellable so where does she stand??

 

i just called the place for her and explained but the manager isnt there so they cant do anything tonight, she wants to post the cd and agreement back to them and cancell everything, or her husband will go mental at her, he has already taken her bank card off her

 

i want to hepl her cause i know what he can go like, but dont know how to or what rights she has,

 

thanks for your help

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i'm pretty sure any contract can be cancelled within 7 days.

matters not what 'their' agreement says

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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i hope so although im sure ive read somewhere if it was signed on the business premises it doesnt have a cooling off period, hmmm

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there are exceptions, like that example yes.

 

ruddy expensive photoshoot!!

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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is there anyway she can get out of it? or is it at the discretion of the manager?

 

it doesnt help she found out shes lost her job today!

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not exactly my ballgame

 

i'll alert the thread for you.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi Sammy,

 

If you want help with this, we need to know the T&C's of the agreement or contract.

 

Do you know the name of the photo company that's involved.

 

There could be other cases here on CAG about them.

 

:wink:


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its adee phelan in the cube in birmingham

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Sorry, legally they are hers and she cannot return them.

 

The contract was agreed; there was consensus in service and consideration, then performed, and now its only the payment that has not been made.

 

Even had this been covered by the distance selling regulations (which it wasn't as mentioned above), there would have been no come back as the photographs are very much a bespoke item, and personalised items are excluded from the DSR (for fairly obvious reasons).

 

Its not really as if after spending the time to take and present the pictures, that if rejected they could then be sold onto the next young girl who came in. Additionally, I would suspect it could also be argued that being on a disk it would be possible to draw parallels with the pictures and software, so returning the disk could still mean the she was in possession of the images.

 

Her only legal way out would be to reject the pictures on quality grounds, although nothing has been mentioned to suggest there are any issues as such.

 

I would also suspect many people would try to back out of this afterwards given the price, so the studio is likely to have well established procedures in how they deal with it.

 

Her best bet would be to go in and tell them she has lost her job, and is now no longer able to afford to pay them - other than that I can suggest nothing else.

 

Sorry.

 

I should add I find the price scary! How many pictures were in the portfolio and by any chance is the photographer's next to a pub?

Edited by Bang!

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I looked up to see what Adee Phelan is. He did David Beckham's hair, and one or the salons has a grand piano next to the chairs! The only other thing I could see was he seems to have quite a charitable nature, so perhaps the "job lost" approach directly to Phelan himself may be your best hope.

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hi there oh crap!

 

she has sent them back with a letter eplaining her situation, will just have to wait and see now,

 

no it wasnt next to a pub i think there was 80 pictures in total

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hi all

i have recieved a letter from a company called 'oriel collections'

 

i have only been contacting them by email, and they are now threatening court and ccj against me!

 

they havnt said anymore, i dont even have the items anymore as i sent them back with a letter as above and have never heard anything back till this company contacted me, and ive never heard of them

 

what do i do now? has anyone heard off these?

 

thank you i feel sick now with worry

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hi all if any one could help it would be much appreciated.

 

cut a long story short- i had photo shoot when i got home found out id lost my job, called the studio (adee phelan) to cancel the agreement and to return the disk of pics but was told the manager was gone, so i explained to her and wrote a letter and sent them straight back in the post, i never heard nothing off them.

 

then a few days ago i received a letter from a company called 'oriel collections' i emailed them a reply as i dont have a phone at the mo and there reply was a threat of court action and ccj against me!

 

i have never heard of them, and feel sick with worry,

 

and im not paying £1000 for something i dont have (not even the free one i was entitled to)

 

i am angry that the studio never contacted me i spoke with the same girl on 3 separate occasions they had my phone no (i did have a phone at that time)

 

thanks in advance any guidance is appreciated x

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Yes heard of them, and like all DCA's they have no legal rights whatsoever, these lot are another 'no win no fee' outfit, so they don't gets paid anything if they fail to collect.

 

So ignore them.

 

Your dispute is with the Photography studio.

 

You could write to them and ask them what they think they are playing at, Don't call them, keep everything in writing or email.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Threads merged

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Why are they threatening you, when it was your 'friend' who had the pics done?

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ignore they are a very very lowlife DCA

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Where you told the cost of the photoshoot before you signed the contract? Don't know if that would make any difference, but maybe there is someone around on here who would know.

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You have 2 options

 

Pay

 

or

 

Don't pay

 

It's upto them to prove the debt, so I would write to the DCA and tell them you don't acknowlege the debt and dispute it.

 

Whatever you do don't call them- everything in writing.

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Sorry, legally they are hers and she cannot return them.

 

The contract was agreed; there was consensus in service and consideration, then performed, and now its only the payment that has not been made.

 

Even had this been covered by the distance selling regulations (which it wasn't as mentioned above), there would have been no come back as the photographs are very much a bespoke item, and personalised items are excluded from the DSR (for fairly obvious reasons).

 

Its not really as if after spending the time to take and present the pictures, that if rejected they could then be sold onto the next young girl who came in. Additionally, I would suspect it could also be argued that being on a disk it would be possible to draw parallels with the pictures and software, so returning the disk could still mean the she was in possession of the images.

 

Her only legal way out would be to reject the pictures on quality grounds, although nothing has been mentioned to suggest there are any issues as such.

 

I would also suspect many people would try to back out of this afterwards given the price, so the studio is likely to have well established procedures in how they deal with it.

 

Her best bet would be to go in and tell them she has lost her job, and is now no longer able to afford to pay them - other than that I can suggest nothing else.

 

Sorry.

 

I should add I find the price scary! How many pictures were in the portfolio and by any chance is the photographer's next to a pub?

 

Bang is spot on with the legal position, and if I may say, very well explained. The company has performed its part of the contract, now the poster has to perform theirs; i.e.pay. Unless of course, the photos are of substandard quality, or not what was agreed. I don't think there's any Judge who would not award a CCJ. Doesn't matter whether the disk is returned or not, the company has provided their part of the contract, what the buyer does with the photos/disk is immaterial, the company has spent their time and money in producing them, the buyer's consideration is executory (to be performed later) and has to be performed. Possession is irrelevant (unless they hadn't been delivered in the first place)

Edited by rameses_qc

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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thanks for the replies, it is fo my cousin but she uses my email,

 

so im not sure what to advise her to do now? she blatentley refuses to pay for something she doesnt have, and they wasnt photoshoped/airbrushed as promised she wasnt overly impressed with them but they were nice enough she said.

 

so what would you suggest i advise her?

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shall i advise her to write a letter to the studio and go from there?

 

what can she say to oriel in the mean time?

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Hi Sammy,

 

It's no good you phoning the studio to discuss this. Everything must be in writing only.

 

You need to write to the studio setting out any complaint that you have.

 

However, you can't complain about :-

 

1. The price, which you agreed and signed for.

 

2. The fact that you returned the photos (unless the T&C's specifically allow this within a limited period, which I doubt).

 

If you have no reasonable complaint, then you should try to arrange a payment schedule with the studio based on your current income and expenditure.

 

Otherwise, you may find the studio or DCA takes this matter to court.

Edited by slick132

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I wouldn't bother with the DA at all; they're just nothing and irrelevant. Contact the studio direct. However, for the reasons given earlier, paymnet is due unless you rejected the goods as not up to standard, but this seems not to be the case. The only hope now is an instalment plan of some sort, which is why I say contact the studio. DCAs will rip you off as a matter of course. That's what they do.


I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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I agree with most of the above.

 

A contract was entered into and (we assume) the cost was explained.

 

The photos were taken and the work done.

 

Its irrelevant returning the CD, the cost was in taking the photos, the cost of a CD is about 3p.

 

I cant really think of anyway to get out of this unless somehow the contract is less than cklear and that somehow the person was presuurised or tricked into entering the contract or that the finished product is not as stipulated in the contract and/or is somehow sub-stanadrd.

 

I suspect if this went to court, there would be no real defence and the judge would have to decide in the photo company's favour.

 

Andy

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