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    • 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. 
    • I’m tempted to send a letter to the company outlining the reasons why I think their PCN is illegitimate. I guess will technically be an appeal.  Their documentation states they won’t discuss over phone, I also don’t want them to have my email address.    re signage on entrance, having looked at land registry, the whole road is private, and when you turn into the road off the highway, there is a sign on the lamppost about 20m in, again not noticeable and on the other side of the road.  I feel like I am in a difficult position with this, I understand that I may have a good chance of not having to pay, but at the same token the stress this is already causing me makes me feel like it’s not worth the £60!
    • Well done with the photo. Of course the signage is insufficient.  PPM are not interested in competent management of a car park, they are interested in catching drivers out so they can issue their PCNs. For a start, according to their trade associations' Codes of Practice, they are supposed to have signage at the entrance. Any e-mail reply from the company and whether they will/won't/can/can't get the invoice cancelled?    
  • Our picks

    • 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 
      • 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
        • Like

Big Fight With NAT WEST ***WON***


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I'd better pop an acknowledgement on the fax then.......FAO the idiots!! :lol: :lol: :lol: you're standard defence has been received...blah,blah,blah!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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I'd better pop an acknowledgement on the fax then.......FAO the idiots!! :lol: :lol: :lol: you're standard defence has been received...blah,blah,blah!!

 

I've stuck a letter on my thread for the idiots that I wil lfax later - take a peep and let me know what you think.

Consumer Health Forums - where you can discuss any health or relationship matters.

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I've stuck a letter on my thread for the idiots that I wil lfax later - take a peep and let me know what you think.

 

Sending an idiot to university doesn't make them wise it just makes them educated idiots.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Yeah, nice letter Giz, I'll give it a little tweak to suit my claim and pop one on the fax myself - direct to The University of Idiots!!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Hi new to this been through the FAQ's and different threads and keeping my eye on your claim Deller. Seems to get a bit confusing when it reaches the court stage and a bit worried about the fees although people seem to get them back it's a lot to pay up front should i just read through the first stage and go from there obviously continuing to swot up on the other stages i have all my statements just don't want to rush into things and make a mistake! Help!!!

Natwest Settled in full after LBA £337 :)

 

HSBC SAR sent 12.11.06

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Welcome to site Boo82, its a very interseting read don't you think, I've been spending hours following other peoples successes enabling me to get as far as I have, don't know where I'd be without it.......very skint and still paying ridiculous charges I suppose.

 

With regards to your query, its not really that confusing at the court stage so long as you follow the correct guidleines. I was a bit hasty when filing my claim, hence the rather stressful time I've had the last week or so. And yes you do get back all the fees you pay...when you WIN!!

 

Just stick to the step by step instructions http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

and you'll do just fine.

 

We're all here to help each other,

 

Good Luck! :D

  • Haha 1

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Didn't know there was one, where's it too??

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Got home from work this evening to find a letter from Cobbetts reading as follows:-

 

Upon consideration of your schedule of charges we note that you set out in your schedule charges incurred in September 2000. Under the Limitation Act 1980, you cannot bring a claim more than 6 years after the date on which the cause of action accured. You issued your claim on 2 October 2006, and you are therefore only legally entitled to claim between the periods 2 October 2000 to 2 October 2006. As suc, you cannot claim for the first 2 entries relating to charges and interest on your schedule.

In any event, our client considers that your challenge to its charges would fail in Court. Our client believes that its charges are fair, reasonable and transparent. It considers that the amounts debited to your account have been applied strictly in accordance with your agreement with it and its published tariff, which it is satisfied complies with all the applicable laws and regulations. Our client is also committed to ensuring the transparency of the information that it gives to its customers about the operation of its products. As such, our client does not believe that your claim has any prospect of succeeding.

However, as a gesture of goodwill and strictly on the basis that our client rejects any liability to you, it is willing to offer you a goodwill payment of £2000.

Acceptance by you of this goowill payment will be in full and final settlement of your claim against our client and strictly on the basis that:-

1. you agree not to disclose to any third party the fact of, or any details relating to, this payment.

2. you write to the Court withdrawing your claim.

Whilst this letter is written without prejudice save as to costs, in the event that you decline this offer, we will draw this letter to the Court's attention on the basis that we hold the firm view that this offer is entirely reasonable in the circustances. This offer will remain open for 7 days until Wed 15 November 2006.

Cobbetts

 

 

I'm sure this is probably one of their standard letters but not entirely sure what happens now. I don't think I should be accepting the £2000 seeing as though I'm claiming £4153.83, plus the £100 AQ fee once its cashed, but am I likely to fail in court.

 

The bit about the Limitation Act 1980 has also got me a bit baffelled, yes I filed my court claim on Oct 1st, but sent my prelim letter on Sept 1st, so am I not within my right to claim back to then? As far as I'm concerned thats when my claim started.

 

The bit that makes me laugh though is how one minute they're saying they don't have enough information about my claim, and then they're reffering to this same info in their offer letter.....IDIOTS.

 

Any help and advice greatly appreciated!! :confused:

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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The bit about the Limitation Act 1980 has also got me a bit baffelled, yes I filed my court claim on Oct 1st, but sent my prelim letter on Sept 1st, so am I not within my right to claim back to then? As far as I'm concerned thats when my claim started.

 

 

They're trying it on down to the last penny. The 6 years go back from when you firdt became aware of the unlawful charges and contacted the bank about them, ie the DPA letter if sent or your prelim.

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Cheers Michael, I thought that was probably the case but wanted to make sure, you can never tell whether what Cobbetts say is true or not.

 

Any suggestions on whats next with regards to response etc.

 

I know I've seen something somewhere but this site is like a maze and I keep forgetting where I've seen things, or the things I've saved are on work pc!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Thank you for your letter dated xx/xx/xx.

 

I first contacted your client regarding their unlawful charges on xx/xx/xx and therefore disagree with your contention that some of these charges fall outside the scope of the Limitations Act 1980. However I am am happy to let the court decide on this matter.

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees, which together with the daily rate of £0.XX now total £xxxx as of XXth November 2006

 

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I trust this clarifies my position.

 

Yours faithfully

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Cheers Michael, you're a star!! :p

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Could stick this bit in as well

 

. I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

I trust this clarifies my position.

Check out here for the Bristol beer drinkers!

http://www.consumeractiongroup.co.uk/forum/bear-garden/40934-bristolians.html

Consumer Health Forums - where you can discuss any health or relationship matters.

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The next step is really up to you, and depends how confident you are with the legalities involved. If it were me, I would tell them where to stick there offer.

 

I would also suggest that they should consider themselves lucky you have not claimed charges going further back, since you believe that any limitation would be overturned under the terms of section 32 of the DPA, due to their continued "concealment" of the facts that their charges are unlawful, or for relief from a "mistake".

 

 

 

 

 

 

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Thanks for the help guys, and yes Alan I think I'd also be inclined to tell them where to stick it, I will put together some sort of reply using the points you have all offered. Should I also send a copy of my reply to the Court and ask them to attach it to my claim? Also, should I send a copy of Cobbetts offer letter to the Court so they are aware of the fact that they are trying to fob me off with part payment?

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Interesting to note, I've recieved no offer since returning my AQ! Funny how they play it differently with everyone. Would like to recieve a partial offer so that I'm that bit nearer the end. Not long now deller:)

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Cap One here we go!:p

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Hopefully not Fryster, who knows........we might even get paid out at the same time. That will hit Nat West hard, 8k on two claims. :lol: :lol:

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Right this is the proposed letter I've put together with the help and advice offered:-

 

Thank you for your letter dated 8th November 2006.

 

I first contacted your client regarding their unlawful charges on 1st September 2006 and therefore disagree with your contention that some of these charges fall outside the scope of the Limitations Act 1980. However I am happy to let the court decide on this matter.

 

Your client should consider themselves fortunate I have not claimed charges going further back, since I believe that any limitation would be overturned under the terms of section 32 of the Limitations Act, due to their continued "concealment" of the facts that their charges are unlawful, or for relief from a "mistake".

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees, which together with the daily rate of £0.XX now total £xxxx as of XXth November 2006

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust this clarifies my position.

 

Yours faithfully

 

 

Does this seem satisfactory??

 

Anyone?? :|:confused::|

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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ffrankie yes you can, retrospectively 6 years.

  • Haha 1

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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Should I also send a copy of my reply to the Court and ask them to attach it to my claim? Also, should I send a copy of Cobbetts offer letter to the Court so they are aware of the fact that they are trying to fob me off with part payment?

 

Any suggestions!! :confused:

  • Haha 1

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Hi all

 

(I subscribe to this thread..... its certainly fascinating)

 

Well, as per my signature, I have never received an offer... but

 

how unusal is this? (i dunno)

 

No defence filed yet but received offer of £1700 from cobbetts on 9th (this represents approx half of my claim)

 

I will of course refuse (partial settlement etc), I WANT ALL MY MONEY BACK eh...

 

It certainly seems true to say that they are dealing with us all differently, or hap hazardly.... wonder if they know whats going on???

 

 

Regards to all

:D CLICK MY SCALES IF I HAVE BEEN USEFUL :D

*

BARCLAYCARD WON £307

*

CAPITAL ONE WON £2.1k

*

NATWEST WON £3.4k

*

LLOYDS TSB CURRENT

Start 26/4 LBA 7/6 conLBA 22/1 N1 12/3 AQ 3/5/07ONHOLD

MORE THAN/ LLOYDS MCARD

Start 2/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

MONUMENT VISA

Start 1/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

NATWEST BUSINESS

RESEARCHING

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