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    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
    • My expectation was their WS would include the best paperwork, like at least true copies of originals, but these just look wrong somehow, perhaps the font and size of font... Not sending me the DN in CCA request but producing it for evidence I would argue could be a tactic used by them... - Page 11 with ticks - there is no reference to IP addresses - Home addresses are correct for dates in documents   Just looking up example Defendant WS's while awaiting your thoughts on this
    • Hello lovely, just posting to check in to see how you are feeling now? Hopefully your feeling better? 
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    • 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 
        • 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
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Scottish Power nightmare...please help


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Hi LiseyLoo,

 

I agree entirely with CitB and believe the Ombudsman's opinion is wrong.

 

It is surely down to SP to prove that you signed up with them. If SP "no longer have your signature", my response would be, "Of course they haven't, because I never signed with them in the first place."

 

I suspect that, back in 2003, agents were signing up new customers recklessly, possibly without the consumer's knowledge or consent.

 

As this has gone on so long, you could make one final approach to the Ombudsman giving them 14 days to reply, failing which you could contact your MP asking for assistance in resolving the matter. Also, ask for the Entry Warrant to be suspended pending resolution of the matter.

 

As regards the matter of you being responsible for consumption by other flats in the building, this is for the landlord to rectify and ensure that your meters register only your consumption.

 

:-)

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LiseyLoo,

 

If you're unsure about posting the email from SP, send it to one of the Site Team first so we can decide if it's ok to post on-thread.

 

Good to see the quick and helpful response from your MP's office.

 

:-)

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Hi Lisey Loo,

 

Re the leccy meter, there obviously needs to be another meter for the top flat. Sounds like your LL is not likely to be reliable so perhaps SP Rep can suggest how a new meter can be installed (at the LL's cost if payment is required for this).

 

And SP could perhaps help you work out what you owe for your consumption, so you're not being asked to pay for the consumption for the top flat.

 

Do you know when you last paid an electric bill, I assume, to BGas.

 

We may never find out how SP came to be the supplier for your electricity. However, unless you've paid anyone else for electricity, it seems reasonable that you have to pay someone for it.

 

From the email above, it appears that SP will try to help sort this out and collect any arrears due in a manner that you can afford, bearing in mind your current income.

 

:wink:

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Looking at your post #23 above, I wonder if it was Ms Sonia Lane who tried to sign up with SP but of course there was no separate meter for her to be billed through.

 

Also, SP appear to be wrong in saying that BGas never supplied the property when you clearly have bills that show they did.

 

I would also take issue with SP's email which says, "However there is NO separate electricity supply for the upper flat. This unfortunately is an issue for you to resolve with your landlord and/or upstairs neighbour."

 

If it was, in fact, the occupant of the upper flat who applied to be supplied by SP, then it is true that you never signed a contract with SP, nor did you ever wish to be supplied by them. As you've already said, you were on a Dual Fuel Tariff with BGas so why would you want to split the supply when this would cost you more !!

 

Between them, the LL, BGas and SP should all share responsibility for this mess and it appears grossly unfair to expect you to have to pay for their errors.

 

As I said above, it's reasonable that you pay something for the electricity that you've used, but ONLY for your personal consumption.

 

If I'm right, I think SP need to accept that they have made huge errors here and they have failed to listen to what you have said all along.

 

:wink:

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Hi LiseyLoo,

 

Can you please confirm, are the 2 flats separate and self-contained properties, each with their own front door.

 

:-)

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