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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • AllianceParkingHater
      Alliance Parking ANPR PCN (NTK now LOC) - Appeal Refused - 17min Overstay - Harlyn Bay

      By AllianceParkingHater · Posted

      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.  
    • sprouting
      Moorgroup (Moorcroft?) on behalf of eBay

      By sprouting · Posted

      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!!
    • leighb3ta
      Problem with The Sims on Macbook

      By leighb3ta · Posted

      Hi, I have the Sims 4 on Macbook. Over the last year I have paid for multiple add on packs spending a lot of money on them. I bought them all in good faith as my Mac met all the minimum requirements to play them. I have been playing happily for about a year and bought my latest pack just over a week ago. The games were all working fine yesterday. Then suddenly today EA released a new app to launch the games and this new app requires a MAC OS that my computer cannot use. Now suddenly none of my games are accessible and I am unable to play anything. They did not warn us about this change in requirements and if I had known they would be doing this I wouldn't have bought all these add ons as they are now all totally unusable. The games themselves have not changed, only their app to launch them and I can't afford to buy a brand new mac just to play. So my question is how can they change the minimum requirements after I have paid for a game? I agreed to pay for them based on the fact my mac met their requirements and was not informed when purchasing that this would be an issue in the future. I understand new games (like Sims 5 which is to be released next year) might not be compatible but this is a 10yr old game that they have suddenly made inaccessible due to their new launch app. Does anybody know if I can do anything or anyway to get a partial refund from them? Thanks   Here are their T&C... I can't find anything in there about them being able to do this so not sure what to do https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/
    • Hamz909
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By Hamz909 · Posted

      OK. Thank you all for the input.  I'll ignore their letters of demand but NEVER ignore a letter of claim. I'm bracing myself for the stress as their demands £££ goes up and the case gets sent to debt collectors. 
    • FTMDave
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By FTMDave · Posted

      OK.  It was worth a try. Their case is still pants and they have broken their own Code of Practice numerous times.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

jonni2bad v Halifax - Got the money but no default removal

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MARTIN3030

MARTIN3030

Posted
Posted

Very interesting point M how indeed ?

If you have been briefed by the latest Citi saga you will have seen that they want to bring their Financial director into the frame to speak with the Judge.

They obviously think that the appearance of the people that are able to understand the whole business might swing things.

In Johns case one wonders who would be the equivelant.......The guys from Equifax Experian and Mycol ?:rolleyes:

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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caro

caro

Posted
Posted

I have little doubt that your research will have been far more in depth than the Halifax legal bods, so go get 'em Jonni. If the CRA's are meant to be based on fact, then the facts are that the charges were a major contributory factor to you being overdrawn, possibly even the only factor. If the charges were removed from the records, the records are likely to reflect a completely different version of the "facts".

 

I still am not clear why they are so reluctant to remove defaults though. They are going to a lot of time and effort to fight them.

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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Glenn UK

Glenn UK

Posted
Posted

 

I still am not clear why they are so reluctant to remove defaults though. They are going to a lot of time and effort to fight them.

 

Its the primary means for them to punish those who dont play by their rules imho.

 

Im not even sure it has anything to do with loss of money due to bad debtors either. With the way the banks lend money they should expect to loose a percentage, mind you i think i saw Abbeys PBT up by 30% or so somewhere on line, cant be that big an issue for them can it.

 

I have a claim against 1st National aka GE Money, who imposed a series of charges on my account which meant when the DD finished there was an outstanding balance from 2003 which they never wrote to me about.

 

I have late payment markers on my file as a result of this up until 3 months ago, they refuse to remove them, I cannot see why they want to argue about what to them is such a trifling matter.

 

JMHO

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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jonni2bad

jonni2bad

Posted
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Posted
...I still am not clear why they are so reluctant to remove defaults though. They are going to a lot of time and effort to fight them.

 

It's just a guess, but there is always the matter of defamation of character.

 

I won't comment here as to my own circumstances, but this has potentially enormous implications for all banks.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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MARTIN3030

MARTIN3030

Posted
Posted

True.

 

I have looked around and there is very little in the way of information about this from settled cases.

I guess with the implications you speak of (and I am fairly sure I know what you mean here )

 

That signing a conf would almost certainly be an expectation.

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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aardvark the lecturer

aardvark the lecturer

Posted
Posted
Also presumably they are aware that in processing your data adversly or otherwise after your account was closed without your consent was a blatant breach of the data protection act......

 

Not to pick holes at all guys, but I trust you are aware of the ICO's stance on DPA consent.....

 

S.10 is not an absolute right to stop processing, a data controller does not have to comply with a S.10 request only to respond to it. The Data Protection Act does not give individuals the right to have their personal details deleted on demand. Whilst an individual can withdraw their consent to the processing, this does not automatically mean that the processing must cease. Consent is only one of the six conditions specified under schedule 2 of the DPA. Where another condition can satisfies consent is not required.

 

As posted here recently.

 

Also,

 

It is our view that the condition for processing below (Schedule 2 part 6) covers the sharing of account data with the credit reference agencies for the duration of a contract and six years beyond.

 

"The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case because of prejudice to the rights and freedoms or legitimate interests of the data subject."

 

We take a wide view of the legitimate interests and we consider that it is in the interests of other creditors to make informed lending decisions. It is important to note here that the fact that the processing may be seen by some to prejudice a particular individual (for example, someone with an adverse entry on his credit reference file may not be able to obtain credit facilities) does not necessarily render the whole processing operation prejudicial to all individuals

 

as posted here.

 

I know this isn't the main cut and thrust (so to speak) of your case as the default is considered to have been caused solely by the unlawfull charges.

 

However, be carefull of being dragged down the "you don't have my consent" angle in light of the above.

 

This post is in no way meant to sound patronising, I have HUGE respect for the work you all do and knowledge you have. If you've already considered this and are choosing to fight the ICO's interpretation I know of many threads that would love to see a victory on this!!

 

Aardvark

 

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jonni2bad

jonni2bad

Posted
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Hi

 

I've never approached this particular default with that angle in mind and have done so solely on the basis that they have breached the DPA by making reference to a default which was caused by unlawfulness.

 

Although I too sent a s.10 notice, I was aware that the best I could hope for would be no response, or possibly just a late one.

 

Thanks for the info though - I certainly appreciate you passing that on.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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jonni2bad

jonni2bad

Posted
  • Author
Posted
....I guess with the implications you speak of (and I am fairly sure I know what you mean here )

 

That signing a conf would almost certainly be an expectation.

 

I would think they would certainly try! A very large settlement in itself would have to be offered to achieve it though - certainly in the region of £5k or more.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Wicky

Wicky

Posted
Posted

Wow,

What a saga, I have been completely enthralled by this thread (having just found it). I hope it all goes well and that the banks might even learn that we are not worms to be trod upon, and if they try we sometimes bite back. I find the legal aspect fascinating, as I myself had not been that interested in legal arguments until coming on this site and now find myself fascinated by normal peoples interpretations of some quite complex legal issues.

Well done all of us and go for it Jonni

19/09/2006 Halifax Prelim Letter Sent

10/11/2006 Paid into my Account £1086.84

19/02/2007 Settled remaining Contractual Interest £243.72

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pugsley

pugsley

Posted
Posted

:lol:rather surprised this is still ongoing, I must say you have a lovely bundle there hehe:lol:

 

 

good luck xx

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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caro

caro

Posted
Posted

I've made a note of your court date on my calendar Jonni, so I don't forget to pester you to update the second you get back from court.

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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jonni2bad

jonni2bad

Posted
  • Author
Posted

I have to say, if I win this I'm spending the afternoon and evening glued to a bar stool with a constant supply of black russian on ice........

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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caro

caro

Posted
Posted
I have to say, if I win this I'm spending the afternoon and evening glued to a bar stool with a constant supply of black russian on ice........

In that case I will accept your absence as a sign of winning and give you permission to leave it a short while, but your public will be awaiting with baited breath. It would be just too cruel to leave us all on tenterhooks for too long.

  • Confused 1
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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jonni2bad

jonni2bad

Posted
  • Author
Posted

Thanks for the good luck messages all...

 

... hope u get it b4 court but hey it wont matter cos u will win anyway

 

The money is safe (along with my bus fare home) - I'm going after the default speedboat :eek:

 

bullseye.jpg

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Marilyn

Marilyn

Posted
Posted

Good Luck Jonni

 

Will def be keeping eye on how you get on, although you are so well prepared luck doesnt come into it!!!

Marilyn:p

 

--------------------------

HALIFAX A/C - SETTLED 4 AUG

HALIFAX CC - Data Protection Act SENT 2 AUG

15/09/06 - rec'd all statements - Eventually!! -521.81GBP

21/09/06 - Prelim sent

08/10/06 - LBA sent

11/10/06 - Offer £278.10, no thanks

01/11/06 - MCOL £862.56

03/11/06 - offer £521.81 - not sure yet

03/11/06 - MCOL letter

 

 

 

 

_____________________________________-

 

 

 

 

 

 

 

 

 

:lol: don't be like the banks - give a little back:lol:

 

 

 

 

 

 

DONATE SO THEY CAN CARRY ON HELPING PEOPLE LIKE US!

 

There was a time before CAG but now CAG is here we are the empowered!

 

Advice & opinions given by marilyn are personal. If in any doubt, you are advised to seek the opinion of a qualified professional

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Yasmin

Yasmin

Posted
Posted

Best Wishes for Friday Jonni, hope all goes well!;-)

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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maybelline

maybelline

Posted
Posted

good luck for 10th Jonni, we will be with you in thought:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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ncf355

ncf355

Posted
Posted

All the best J2B!

 

Go get 'em!

 

:cool:

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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