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    • god this blokes a piece of work... and now has to resort to dodgy car dealing... oh how things have changed for him....just to continue his like of extortion..   dx  
    • Thank you I shall. No word from them yet. I did manage to speak to a solicitor in regards their Ts & Cs. They are of the same opinion that their "blanket" terms are not really applicable to this unique situation.  Thank you for your help. 
    • I have just consulted the Spirits  aka  The Civil Enforcement of Parking Contraventions which covers the situation where the PCN is not able to be placed on the windscreen nor is it handed to the driver. "    Penalty charge notices — service by a civil enforcement officer 9.  Where a civil enforcement officer has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area, he may serve a penalty charge notice— (a)by fixing it to the vehicle; or (b)giving it to the person appearing to him to be in charge of the vehicle."                                          That was Regulation 9 so now Regulation 10 follows Penalty charge notices — service by post 10.—(1) An enforcement authority may serve a penalty charge notice by post where— (a)on the basis of a record produced by an approved device, the authority has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area; (b)a civil enforcement officer attempted to serve a penalty charge notice in accordance with regulation 9 but was prevented from doing so by some person; or (c)a civil enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 9, but the vehicle concerned was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 9, and references in these Regulations to a “regulation 10 penalty charge notice” are to a penalty charge notice served by virtue of this paragraph.   Points b and c are effectively saying that as the PCN was not able to be placed on the windscreen either because the car was driven off before completion or the driver refused to accept the PCN when it was handed to them then the PCN can be serviced by post.  Therefore the PCN to comply with PoFA should arrive within 14 days of the alleged offence or at least within 28 days.   (3) A regulation 10 penalty charge notice shall be served on the person appearing to the enforcement authority to be the owner of the vehicle involved in the contravention in consequence of which the penalty charge is payable. (4) Subject to paragraph (6), a regulation 10 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officer, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”).   So that is what should have happened when the PCN was not served at the time. Though the parking attendant may well deny what actually happened so we may be no further forward but we now know that they sent the ticket too late but will Parking control accept it.  
    • Thank you Slick. I haven’t supplied them with any bank details or signed a DD mandate. I’ll keep you posted! 
    • hey well done, you might have saved her a pot of money there and nicely removed her from the DCA's cash cow milking troughs..sad as always these supposed free debt charities give such poor advice..8yrs of money down the drain..simply running the sb date to infinity.   as for cap1  i've highlighted a few things above in answer. do any fees appear on 1st statement you have?   as for the PPI payments, inc each of those too, even though that bird has flown.  
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Problems with a property 5 years on


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I moved into a flat about 5 years ago. The one bedroom had a problem with mould about a year later, this was treated with a fungicide at the time, but it keeps coming back. It turns out there was a problem with the damp course on the exterior wall, and that's been dealt with.

 

The mould keeps recurring so I decided to strip off the wall paper, when I took it off the base of the exterior walls had a foil liner. The walls above this liner were treated with what looks like sealant primer paint.

 

When I purchased the flat there was no mention of damp problems, but this liner and primer does suggest that the previous owner was aware of the problem. Did they have a legal duty to inform me of the problem, and if so does the fact they didn't tell me mean can I still make a claim against them?

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Hello and welcome to CAG.

 

I hope the forum guys will be along later with advice for you. Please bear with us until they're able to get here.

 

My best, HB

 

Thank you!

 

All advice gratefully received.

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Unfortunately the general law is "buyer beware". The seller is not under a general duty to disclose the mould.

 

When the sale was done there may have been a questionnaire completed by the seller. The seller could be liable for incorrect or misleading answers to that questionnaire. I doubt there will be anything specific enough to help you but perhaps worth checking.

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Unfortunately the general law is "buyer beware". The seller is not under a general duty to disclose the mould.

 

When the sale was done there may have been a questionnaire completed by the seller. The seller could be liable for incorrect or misleading answers to that questionnaire. I doubt there will be anything specific enough to help you but perhaps worth checking.

 

Thank you for that, to be honest it was pretty much the answer I was expecting. I was just annoyed when I found the foil liners, discovering that rather than fix the problem they'd tried to hide it.

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