Jump to content


  • Tweets

  • Posts

    • I would only rely on your solicitor in this regard. The other two should not have a view.   And, you are responsible for how the court perceive you. They only have your words and deeds to go on. Expecting them to magically see things your way is not a great tactic.
    • Yes, I don't think there is any downside to doing this. If they decline then you can say that in your witness statement
    • Ok! Do you still want me to work on that letter you discussed above in post #26?
    • Thank you for posting up the required details and well done for apparently not revealing the identity of the driver. I am assuming you are the keeper? The depth of ignorance of the parking companies is absolutely amazing. The Protection of Freedoms Act 2012 Schedule 4 is the law relating to private parking and allows those rogues to be able to transfer the charge from the driver [whose name they do not know] to the keeper after 28 days . This is dependent on them complying with the Act. So many of the don't and Alliance is no different. It would help if we could see what you appeal was and to post the back of the PCN as it is lacking so much of the wording necessary to make it compliant so that in your case only the driver is liable to pay the charge. And of course just entering the ANPR arrival times means that they have failed to specify the parking time which is a requirement..  Because the car park was so busy you had to drive around for quite a while before finally finding a place to park which is when the parking period may  actually begin. The poor dears at Alliance have not grasped that particular part of the legislation as yet. To be fair the Act has only been in place for 12 years so one must make allowances for their stupidity . We shouldn't really mock them- but it is fun. You weren't to know but the chances of winning an appeal against Alliance and the IPC is around 5%-and that is high for them. If they allow you to cancel they lose the chance of making money and they would have had a field day when you were there with so many people being caught overstaying because of the chaos in trying to find a parking space then trying to pay.  Your snotty letter could go something like this- Dear Cretins, Yes I mean you Alliance. After 12 years one would have thought that even you could produce a compliant PCN. Did you really think I would pay you a penny extra considering the time I wasted trying  to pay with  long queues at the parking machine, then trying to get a signal to call Just Park. On top of that you then had the cheek to ask for an additional £70 for what dubious unspecified pleasure? You must have made a killing that day charging all those motorists for overstaying because the queues to pay were do long and even walking to pay from the over flow parking fields takes time. And yes I did take photos of the non existent signs in the fields so please don't give me the usual rubbish about your signs being clearly visible. Oh yes that £70. Please tell me and the Court whether that charge included VAT and if it did, why am I being charged to pay your vat? I am sure the Judge would look carefully at that as well as the Inland Revenue. The truth is you had no reasonable cause to ask the DVLA for my data given the chaos at your car park and I believe that you therefore breached my GDPR...................... I expect others will give their views as well.          
    • opps this is going to get messy then if they don't refund. you should never keep util accounts in credit.
  • 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

siriusb
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3878 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Well I've had my letter back from EGG who don't uphold my complaint for thefollowing reason (card taken out online in 2003 by the way)

1) Online sales at that time did not require i take out ppi as condition of obtaining card

2) Online sales at that time did not provide an advisory service.

3) Online sales at that time required you to positively confirm that you wish to purchase policy

4) Online sales provided full T&C and requested you read them before you submitting application.

 

I have sent a SAR request off, which i know may take a little while.

 

Am I dead in the water here. I don't remember asking for PPI or 'positively confirming' - i guess that means a tick - anything.

 

They've said this is their full and final response.

 

HELP!

 

Hx

Link to post
Share on other sites

it well known that the egg site required you to tick the box

before allowing the loan to be granted

 

DONT give up at the first hurdle.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi,


It was a credit card - does that make a difference?


I certainly don't want to give up. I'm not sure how to prove/ disprove the tick thing.


 

i

Other threads mention asking for screen shots (before and after I guess). Was it standard practice for Egg to pre-tick in Dec 2003?



They did repay for missile ppi on a loan that was taken out later.>
Link to post
Share on other sites

Sorry about all the gumf in my pervious message!

 

Does anyone know if online applications in 2003 pre-ticked the ppi box?

 

I've found reponse letter by dx100 for another cagger but it would be great if someone knew this tick box thing for sure. I've read that guardian article but that seems mainly to focus on phone sales whereas mine was an online application.

 

Hx

Link to post
Share on other sites

Some forms ask a consumer to "deselect" PPI – usually by ticking a box if they do not want PPI. Where this happens, we are likely to conclude that a policy was mis-sold – because the consumer doing nothing would have been interpreted as the consumer choosing to have PPI. This might not have been the case.

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi-our-approach.html

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Ok, how does this sound? I've cribbed it together from other replies i have seen posted on the forum..

 

Dear Sir,

 

I am writing in response to your letter dated xxxx.

 

I believe your response is speculation based upon how EGG ‘think’ the process worked at that time.

 

I can assure you I would not have ever taken out CRP if the option were allowed. The CRP box was pre-ticked, with little or no obvious method to deselect it, or to be able to progress with the application were it un-ticked.

 

I respectfully refer you to the Financial Services Authorities findings of 2008 with regards to sales techniques employed by EGG in previous years.

 

Please forward me screenshots of my application to prove I DID manually select CRP rather than it being the case that I did not ‘unselect’ a pre-ticked box. Please also provide an electronic log to show I looked at, and confirmed reading, the Terms & Conditions of a policy I did not request.

 

If you are unable to provide these items I respectfully request you reimburse me all CRP payments made, with correct interest rates applied since each CRP payment, on the factual basis the policy was mis-sold.

=====

 

Does that sound ok? Firm but not sh*tty?

 

Hx

Link to post
Share on other sites

Hello all,

 

I tweaked the above response before i send it giving them 14 days to send me the screen shots or confirm the refund of ppi.

 

However - I am totally aware it will most probably get bounced back BUT i have been reading how some pre-2005 creditors were not covered by the FOS. I opened this account in 2003 - so will the FOS be an option for me does anyone know?

 

Hx

Link to post
Share on other sites

Egg tuned down my initial claim so I sent a letter asking for screen shots to show i ticked a box rather than didn't un-tick it or if they couldn't provide that please refund my premiums plus interest etc.

 

The 14 days I gave them is almost up and i suspect I am unlikely to hear a dicky bird.

 

Has anyone ever got screen shots if they have asked for them?

 

Has anyone ever gone down the court route rather than the FOS route?

 

I'm not even sure where to begin or the costs involved but i would welcome any imput.

 

Hx

Link to post
Share on other sites

Hello,

 

Well thanks to CAG I am fired up and looking to deal with the mis-sold PPI rejections I have.

 

From what I have read the FOS can be good but are snowed under so I have been looking into the possibilty of going the court route.

 

I have read a few posts where poeple have done this with mixed results, but I am a bit confused. Is it small claims or County court that I need to use, or can i use either? If i were to lose would I have to pay the other sides costs (that is the scary bit)? What kind of timeframe do county or small claims work to?

 

I'd really welcome any advice or caggers experiences in this area

Edited by siriusb
Link to post
Share on other sites

I like the idea of a lottery win but sadly it's not quite that much. The figures tend to be around the £2000-£3000 mark.

 

I have responded to one of the rejections, but they have failed to provide the screen shots I requested to substantiate them not upholding my complaint or acknowledge my second letter in anyway.

 

I am still waiting on two more responses but let's just say i am not hopeful.

Link to post
Share on other sites

For the values you mention your action will be brought in the county court and should be allocated to small claims track.

 

If you are suing for mis-sold PPI then bear in mind that the onus of proof (civil burden on the balance of probability) will be on you as the claimant. As a result you will need to have all of your facts, evidence and arguments well prepared beforehand. In addition you will need to ensure that the amount you are claiming is quanitfiable and that you can argue your case for this effectively.

 

You have some threads running on PPi already...which one are you thinking of taking to court?

 

By your opening statement as to whether it is Small Claims or County Court it would appear that you need to do some research as to what the court process is all about before you issue a claim.

 

We will help you all we can but at the end of the day it will be your case and yourself who is in court arguing your case with a Judge and, quite possibly, representatives from the other side.

 

Link to post
Share on other sites

The thing I am the least worried about is the actual 'day in court'. For me it is getting all the right papers together and what scope of costs could be levied at me if I lose

 

Going through the Gov website it would seem that both are initiated the same way.

 

The first one on my radar is Egg.

Link to post
Share on other sites

Generally there are no costs in small claims track provided you follow the court protocols and directions as required.

 

You will issue your claim in the county court and it is more than likely be allocated to small claims track given the quantum of the claim.

 

With respect, I think you ought to be worried about the day in court and ensure that you prepare, prepare and prepare again. If it gets that far then that is the make or break time where your claim will be decided one way or the other.

 

Link to post
Share on other sites

Please don't think i was being glib - i mean that i am more concerned about the preparation and getting that spot on (in as much as i have no experience of taking anyone to court).

 

I see it can all be done online (initally) but as I have not had sight of the forms I do not know whether I include any previous cases etc at the early stage.

Link to post
Share on other sites

I meant no offence but just wanted to make sure that you were aware of what might be ahead.

 

There is a sticky here which was written by andyorch which is a guide to the issue of proceedings in court.

 

Have a read as it has some excellent information in it

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation..-Court-Claims-Defences

 

You might like to have a read of some of the other stickies in the legal forum to get a grounding on some of the legal matters.

 

Come back here when you have had a read.

 

Link to post
Share on other sites

Hi,

 

Just a general query. If you have been sent a rejection final response letter and you have sent a letter back asking for proof of certain things to substantiate their position (or if they can't then refund the ppi etc please) are the compies under any obligation to:

a) acknowledge your letter?

b) provide the proof you require within a given timeframe?

 

Hx

Link to post
Share on other sites

The final response letter can be taken as your being clear to pass the case to fos.

 

It doesn't necessarily mean that you cannot challenge their findings.

 

Some lenders will write back and say they have issued their final response and will not engage any further so in that case fos is the option. Others will still engage with a claimant especially if there is new information presented. We have seen cases on here where decisions have been reversed after being challenged by the claimant.

 

There isn't any obligation (apart from common courtesy) to acknowledge a letter.

 

For your final question, in what contact are you talking about "proof"? what proof are you asking for?

 

EDIT: I mean what items are you asking for in terms of proof?

 

Link to post
Share on other sites

Thanks for the quick response.

 

I am asking for screen shots to verify point 3 of their bog standard rejection - that being that the online sales process at that time required me to 'positively confirm that i wished to purchase this policy during the online application'.

 

I have asked for screen shots to confirm that i actually ticked a box rather than not 'un-ticking' a pre-ticked box,and i have asked for proof that i read the terms and conditions of the policy (point 4 of the rejection being that online sales requested you read t&cs before submitting).

 

In my response I have asserted that a pre-ticked box is very much akin to 'advising' that a product be taken out - my rather rudimentary rebuttal on point 2 of the rejection.

 

Whilst I doubted they would change their mind I am surprised at the lack of acknowledgement.

Link to post
Share on other sites

Yes, but no screen shots in with it.

 

Think out of courtesy (and the fact that it may show greater reasonableness on my part with FOS or court) i will send them a chase up letter (maybe even to their CEO too) and see if that elicits any response.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...