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    • Although I am going to say now that it would make life a lot easier if you would simply go to the police and get your own reference number.  I understand that you are anxious about it, but really there is no reason to be and it should speed things up if the seller is reasonable with you
    • First of all, please will you avoid posting solid blocks of text. We need posts well spaced and punctuated because otherwise it becomes very difficult to read them especially on small screens such as telephones.  Please can you tell us who seller is. The value of the item and what it was.  My instinctive view is that this is the seller's responsibility as it seems that the delivery was not correctly carried out And it still belongs to them and so they are the victims of theft.  Please give us more information
    • I'm correcting myself there In THIS case, it would appear that the supplier did everything RIGHT and the PPE was not only to specification - it was quality ppe The waste is ALL down to Tory/tory spad mismanagement (I have no idea if the prices were reasonable)   Apologies, I was rather late in my (even basic) sanity checks.
    • Hello, I live in a house with multiple flats and when Royal Mail brought my package they didn't ring anyone, just left my package in the open when public walks to/from the park. I never agreed to this. They already confirmed to the seller that package was left in the open and wasn't given to anyone. Now the seller wants me to report this to police and obtain a reference number. My concern and source of anxiety is talking to police. I never had to deal with police before in my life and after hearing many stories how even small issues like "not politically correct" posts on social media result in record to your name. I don't understand why seller can't obtain this reference number themselves. I've provided all details and was helpful, but seller insist that I must call police myself.  Is it true? Is it something I need to do myself. I would appreciate if anyone could give me some advice. I don't want to sound suspicious, but I really don't like the idea of dealing with police. If it any help, I bought my item on eBay. Thank you 
    • Also, don't forget that the claimant has already spent about 150 bringing the claim.  Even if you agree at 600  they will still have the 150 to deal with and frankly I don't think you should be responsible for that.  The best solution will be to have the case dismissed for lack of protocol and we will deal with that in the defence.  By including that in the defence, we avoid the need for an application notice and we avoid the need for an upfront fee which you might not get back.
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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. 
       

      Many thanks 
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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
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Small Business - Late Filing Penalties


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My small ltd company has been hit with a hefty penalty charge for late filing of accounts which it is unable to pay since it has effectively stopped trading as bank closed accounts over longstanding dispute and offset available funds to reduce overdraft.

CH passed matter to DCA to collect payment, I told them business wasnt trading, had no income or assets (only me) and therefore couldn't pay.

DCA has now instigated proceedings against company at local CC for payment of penalty charge with costs, even though I had written to them explaining that it was a pointless exercise.

 

Can anyone offer some advice as to how to deal with this, I'm a bit concerned that DCA threatened that once they got a CCJ, if they couldnt get the money from the company they'd expect me to pay! :|

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Couple of questions.

Is it HMRC that have applied penalties ?

Who is CH ?

Who is DCA ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Will move thread from here.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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If the company is no longer required would suggest that you apply to Companies House[CH] to have the company removed from the register.

 

You will need to apply on a form DS01 and it will cost £10. If you are VAT registered and have a PAYE scheme I would suggest that you deregister in order that they do not object, even if you owe money.

 

You will need to write to all known Creditors, inc CH, and I would suggest that you get a proof of posting from the post office for each letter.

 

When CH receive this they will advertise it in the London Gazette and if no one objects within 100 days the company will be removed form the Register.

 

If they do object, you will have complied with your duties as a Director and although there may be an objection first time, you will not need to do anything further.

 

Hope this helps.

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Hi DBL,

 

Thanks for you advice.

 

I really would like to keep my company as their is still a demand for the service I provide.

 

I'm not refusing to pay the penalty, only disputing that it was applied unfairly, since it was a government funded / partly owned bank that closed the company bank accounts and effectively prevented the company from trading & employing accountant to do the business accounts.

 

I would be interested to know if there is any chance of successfully defending this action.

 

If not and I have to accept defeat, whats the worst that can happen?

 

I really do feel that the CH / DCA has acted wrongly in this since they have raised an action which will take up court time, incurring more costs which they will then add to the existing penalty charge, even though I wrote to them explaining company situation.

 

Grateful for any advise or constructive comments.

 

Cheers,

 

SH

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