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    • 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!!
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Should of found this site first.Anyway recieved 6 years statements ,trawled through them, totted up all the charges then sent my letter asking for it to be returned(Used the template off Which as i had not found this site).Recieved the standard letter saying No, then they gave me 8 weeks to reply if they didn`t here anything they would consider the matter closed.That time limit is about up, (can`t find the dated letter) due to the fact i felt uneasy about going to court and i work next door to the branch i am claiming from.But on reading these threads it has given me the determination to see it throgh.

 

Have i missed the boat or is my next step the LBA.

 

Thanks

Sid

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Get the LBA sent now asap. Remember its to your schedule not theirs, and it looks good in court you gave them more time so dont worry about it. But try to stick to your timetable.

 

They never felt uneasy charging you with you working next door so claim back what is yours and good luck.

 

 

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Glad you have decided to coninue your claim. You never know the people in the branch might actually be rooting for you. Can you imagine working for a bank like that? I get the impression that the banks care as much about their staff as they do about their customers.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, 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.

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sid - go to

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

the letter is in the grey box

 

point on the "your address"] part of the box and left click on your mouse

 

keeping the left click pressed down drag the mouse down to the bottom of the grey box to where it says "[name]"

 

the letter should all be highlighted in blue

 

let go of the left click button

 

right click the mouse and select "copy" from the little pop up that appears

 

go into Word, open a new document and press the right hand click again

 

select "paste"

 

Hope this helps

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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Thanks Isobel,I think my problem is that i do not have microsoft office on my laptop i do have it on my desktop but that is in storage as i am having house renovations.Is that correct?

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Just about completed my summary of charges to be sent with my LBA, but the template has stopped calculating the interest as there is no more ficticious data to change (down to line 160 ) on the simple excel version.Does this make sense?

 

Also i did not send a summary of charges with my prelim letter just added a total amount could this alter things.My head is battered with trying to search for this info so apologise if these are repetative Q.

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Highlight some of the completed rows in the spreadsheet, right click and copy. Click on row 160 and right click, copy inserted cells. Just replace the duplicated charges with new ones, and the formulas should continue to calculate.

 

If you are not sure you are doing something right, save the spreadsheet, do what you think needs doing and when you think it is right save again. If you go wrong you can just close the spreadsheet without saving, and when you reopen it you will be back to square one with no harm done.

 

It is fine to change the amount in your LBA and your court claim if you need to amend the schedule of charges.

 

Hope that makes sense and works

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, 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.

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  • 2 weeks later...

Just completing my MCOL.

 

Do you put the defendants branch address or head office, i sent all other info to the branch?

 

When you calculate the daily rate it is 0.00022 x £1726 = 0.37

 

Charges £1726

8 % int £398.92

Total claim £2124.92

 

Is this correct?

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Put the branch address or you will end up in the Scottish court system as that is where the head office is based.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, 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.

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Received a letter off Clydesdale 20/11/2006.Confirming the bank has filed an acknowledgement of service.

 

But claim i have not provided Acc details and sufficient details of the charges i should be refunded and given me until 6/10/2006 (yes it says october ) to provide them. Yet i already sent these details with my LBA.

 

Do i send them again?

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I had the same letter and sent them again so they could not wriggle out of anything. This seems to be the latest tactic in delaying the claim, just send again with a covering letter......

 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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You are fine to deal with legal services in Glasgow now your claim has started.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, 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.

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  • 1 month later...

My N149 has to be recieved by my local court no later than 1/1/2007, so need to send by recorded delivery today.I copied the text off the template for section G, but also noticed the DRAFT ORDER FOR DIRECTIONS in the CAG newsletter. Do i attach this aswell or is it only relevent to the N150

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  • 3 weeks later...

Recieved notice of allocation to the small claims track (hearing) today. The hearing date is 16 april 2007.

 

At this point do i send a copy of the schedule of charges, as the directions state that all documents on which that the party intends to rely at the hearing should be delivered no later than the 8th Feb 2007.

 

Thanks Sid

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