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    • As I'm off on holiday on Wednesday and won't be around I'll bring things forward and be pessimistic and decide that Iceland won't cooperate.  There are two things to ponder. The private parking companies have a lot in common for obvious reasons.  But also some differences. Excel and its sister company VCS are by far the most litigious.  They take large numbers of motorists who don't pay them to court - perhaps the majority.  That's not because they have a good case.  Indeed their case is rubbish.  It's because, sadly, enough people are terrified of the idea of going to court and just pay up when the court papers arrive.  It's a numbers game to Excel/VCS. In cases where the motorist is in it for the long haul, Caggers win 85% of the time in court against Excel/VCS (yes, I did once go back and counted all the court cases over the previous 30 months).  But Excel/VCS take the odd defeat because of the mugs who just panic and pay.  So take this into account when deciding what to do. Secondly, without boring you with the reasons, I know about the world of local journalism.  Papers have great difficulty in filling their column inches.  If you do contact the local media there is a 100% chance that they will publish something and embarrass Iceland - and maybe get them to back down. Again, have a think if this is a road you want to to go down. If you don't win by Wednesday!  
    • Followed up with letter which is no surprise as I’m easy to find via electoral roll. Letter says we have been asked to recover from you on behalf f our client in Middle East x amount. if you believe you are not liable please contact us - yeah right! If you wish to make payment here are our client bank details which look genuine and relate directly to a Dubai bank. ” if you don’t engage our client may take further action” etc blah blah blah. its the same type phrases used by CWD/IDRWW/IDR etc…..   I ignored the email, blocked the text number and will wait to see if I receive any formal action via Mail but seems like the same tactic I’ve seen for 10 years plus and I’ve ignored all. just for people’s info
    • Hi. I expect the experts will be along later to advise you. In the meantime, I've amended your thread title to show the car park name and location. HB
    • i can instruct my gof to sit, but if it does is an entirely diff matter. WL are acting here as a DCA and are not the OWNER of the debt, lowells are, so jog on WL... until very very recent we've never seen lowells raise a scottish claim Lowell/Shoes SPC Claim Forfar Sheriff Court - Old Newday Credit Card. - Scotland Financial Legal Issues - Consumer Action Group  
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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 
      • 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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Since your son is presumably not mentioned as owner on the land registry, she would have to convince the court that he has some sort of 'equitable' interest in the house, i.e. that he is the real owner despite what it says on the land registry. That claim is difficult to prove and I think it is also a little bit contradictory to her estoppel claim against you.

 

Not sure why they would settle me a letter for settlement then not signing consent

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Since your son is presumably not mentioned as owner on the land registry, she would have to convince the court that he has some sort of 'equitable' interest in the house, i.e. that he is the real owner despite what it says on the land registry. That claim is difficult to prove and I think it is also a little bit contradictory to her estoppel claim against you.

 

Consent orders to they get signed before trial

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A consent order means that both parties have agreed on a compromise. That is the 'consent' part. The 'order' part is that the court endorses the compromise to make sure each party sticks to it.

 

A consent order would normally be signed before trial, yes. There would be no point agreeing to compromise a case after you have already gone through the trial.

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A consent order means that both parties have agreed on a compromise. That is the 'consent' part. The 'order' part is that the court endorses the compromise to make sure each party sticks to it.

 

A consent order would normally be signed before trial, yes. There would be no point agreeing to compromise a case after you have already gone through the trial.

Thnxs steam plz,let me clear my q is it normal practice if you agree before trial for the other side to sign order after trial date and then send you letters like our client is consulting counsel etcc

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You would normally consult counsel before agreeing to a consent order. If she is consulting counsel that would usually mean she hasn't decided what to do.

 

Ok so if she doesn't sign next option. Back to trial or can I used her letter where she's agreed a settlement to evict

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Going to trial is certainly one option.

 

A letter agreeing to a settlement might help you, but in order to be useful would need to satisfy the basic legal requirements for a binding contract. In particular it must be clear that she gave her unconditional agreement and it must be clear exactly what the terms of the settlement are (something like 'I want to settle' or 'I might consider settling for £100' would not be enforceable; something like 'I agree to settle for £100' would be). I can't give a view on this without seeing the exact wording of the letter and knowing the history to the discussion, so it is a question for your solicitor if he is still involved.

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Going to trial is certainly one option.

 

A letter agreeing to a settlement might help you, but in order to be useful would need to satisfy the basic legal requirements for a binding contract. In particular it must be clear that she gave her unconditional agreement and it must be clear exactly what the terms of the settlement are (something like 'I want to settle' or 'I might consider settling for £100' would not be enforceable; something like 'I agree to settle for £100' would be). I can't give a view on this without seeing the exact wording of the letter and knowing the history to the discussion, so it is a question for your solicitor if he is still involved.

Exact wording we confirm our client accepts your clients offer then it mentions the amount then it says please send a draft consent order for our approval

My question with this letter will I get the eviction approved?

The offer approved by them is it a legal binding contract ?

On top of letter is says without prejudice

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That wording sounds quite clear to me. I'm reluctant to express a clear opinion without actually being able to read the documents, but it certainly sounds like there is a binding settlement contract there, as the offer has been accepted.

 

I'd think that should be enough to dispose of the estoppel case (though better to have the consent order) if push came to shove. It would help greatly with the eviction (but wouldn't necessarily get you an instant eviction if she still refused to leave).

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That wording sounds quite clear to me. I'm reluctant to express a clear opinion without actually being able to read the documents, but it certainly sounds like there is a binding settlement contract there, as the offer has been accepted.

 

I'd think that should be enough to dispose of the estoppel case (though better to have the consent order) if push came to shove. It would help greatly with the eviction (but wouldn't necessarily get you an instant eviction if she still refused to leave).

 

So if they don't sign consent order it will make no difference

Will there final letter that they are seeking councils advise cancel the acceptance letter

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If there is a legally binding contract formed when they accepted your offer, they can't undo that by seeking advice later. A binding settlement agreement is binding regardless of whether you implement that through a consent order or in some other manner.

 

If there was not a legally binding contract formed for any reason, it remains the case there is still no legally binding contract.

 

It is possible that they accept the terms of the settlement in principle and are taking advice only on how that is to be implemented through the precise wording of the consent order.

 

I don't want to say which possibility is the case here, as to give a sensible opinion on this I'd need to see the actual documents.

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IMHO, I would continue with case in court and let them agree to any settlement in front of a judge.

No compensation or any concessions until they are actually out and you have all the keys.

You will have to play hard ball now, as they keep prevaricating.

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IMHO, I would continue with case in court and let them agree to any settlement in front of a judge.

No compensation or any concessions until they are actually out and you have all the keys.

You will have to play hard ball now, as they keep prevaricating.

 

Ok thnxs even if I get consent can she then sue my son for beneficial interest on house

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  • 1 month later...

Latest consent order signed by opp basically agreeing to she is only a licensee in the property a date given to leave if not I will need a warrant from court to evict

If she has agreed she is only a licensee does that mean she has no beneficial interest ?

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Latest consent order signed by opp basically agreeing to she is only a licensee in the property a date given to leave if not I will need a warrant from court to evict

If she has agreed she is only a licensee does that mean she has no beneficial interest ?

Yes.

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The consent order is great news. That should stop her claiming any interest in the property.

 

Could she know after signing consent order start to say that my son has an interest in house

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Could she know after signing consent order start to say that my son has an interest in house

No, provided that this is prevented by the consent order. Consent orders are legally binding.

How long will it take to get warrant from the court for baliffs

I don't know the answer to this.

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No, provided that this is prevented by the consent order. Consent orders are legally binding.

 

I don't know the answer to this.

 

All sorted got it back she left before baliffs turned up

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