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    • I bought my house 2 years ago. The previous owner had died. I continue to recieve parking fines and communication from DVLA in the name of the dead person, despite contacting DVLA via post to inform them I am the new owner of the property. I have sent them proof of purchase and ownership but the communications continue to arrive. Aside from using "return to sender", does anyone have any idea how to stop this and get DVLA to update their records? Not sure if relevant but the Tax class on the vehicle is disabled meaning that the price of vehicle tax is £0 per year. I assume someone is using this to get free vehicle tax which is up to them, but I'm bored of fighting with parking charge companies and getting threatening letters, as whoever is doing this is also not very good at paying for parking.
    • I haven't heard of them asking for photographic evidence in this way before – but I don't think it will really pose a problem. Have you got a history of sending parcels which were then lost and you had to claim for? When you send your letter of claim? Was the item properly declared? Was the item correctly valued? Please answer these questions and then take at least a couple of days reading very thoroughly the stories on this sub- forum. There are lots of them. Read some of the pinned topics at the top which will explain the principles and then read the stories to see other people's experience. Post up your letter of claim in PDF format so we can see what you sent.  
    • Just to clarify - it was the lender who undertook works, not me.  They racked up huge huge sums in refurb costs - which were completely unnecessary.  They have been trying to charge all the costs to me.  I refuse to be held accountable in my defence and counterclaim.   (I refuse to  be held liable for these works costs whether vat was or wasn't added - I maintain its the lender that must cover the costs).  It was a ridiculous sum of money and made no difference to their ability to sell either.  As its still unsold.    I can see - from disclosure paperwork - that the lender ceo uses this contractor all the time on other properties - for himself and for the bank.  The payer may not be responsible for the contractor's failure to add vat - but the ceo can clearly see it's not being charged - and again and again on all his jobs.  So he is complicit even if not guilty of the actual fraud.    I admit I'm angry with them. The sheer injustice and arrogance (that they could/ can do whatever they want and get away with it - has been astounding.  It's why I have fought so hard to get justice.  This particular issue is just another niggle.  They think they are above the law; can circumvent it - with no consequences / repercussions.    Thank you dx for pointing me to the link. I will now follow that up
    • I have posted the letter off today - sent recorded delivery, so should get to the Police early next week. I also walked along the street where this happened and checked if there were any CCTV cameras or video door bells in that section of the road, but could only find one. I talked to the owners of the house with the camera but they say it is set to only cover the area leading up to the house and not really the pavement or road and footage also auto deletes after 72 hours, so anything captured would be gone now. That was disappointing. I walked along the road a bit more, but couldn't see any other video door bells or CCTV, so that didn't help.  I always thought most people have at least a video door bell these days but not in that road... 😐 So came home a bit disappointed.  If anything else happens I will post an update here, but may not be for a week or so. Not sure how long this will take now.
    • Hi all.   I've just cancelled my Virgin Media because my Wife and I are going abroad for 12 months or so. My Son will be staying in our home, and wishes to start a contract with them. He signed up to a great deal for New Customers online, and a Contract Agreement was signed online. He had a delivery date for a Self Installation Kit but it never arrived. After speaking to numerous Virgin Media Staff online, they are insisting that he calls their Pre Installation Team (I presume that is their sales Team to try and get more money). He doesn't want to speak to them over the phone. He doesn't mind doing a Live Chat, but he hasn't got an Account Number yet, so that's impossible. He even had a chat with a Team Member on Whatsapp, who say they don't have access to the information they need, so he has no option but to call them. Why can't they just be straightforward with their Communications? Is there any other option other than calling them?   TIA.
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      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.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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I'm sorry your unhappy with the charges!


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Hi folks, back again.

 

We've just had our letter from barclays offering half the sum we want to claim (£2000 all in). And the date we set out for filing a claim has passed as we haven't the required funds (£120) to file a claim until the end of the month (we did have the funds set aside but a large, very large gas bill landed on the doorstep). Have I lost all hope of getting the full amount back if I file at the end of the month? Also, because it's my wife's accounts, she's worried she'll have to go to court on her own and be asked about a whole load of technical stuff she knows nothing about, is that the case or are we allowed to have prepared stuff written down, and what if the Judge(?) throws a curve ball and we're standing there gormless without an answer?

 

Phew, this whole business has just become a lot more complicated, my brains hurt, any advice?

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  • 2 weeks later...

Hi everyone,

 

Well, it's the end of the month, wages have been paid and I'm ready to file via the HMCS money claim online website. I've got to the particulars of claim part and come unstuck, I imagine you helpful people have provided us laymen types with a ready made one? If it exists could you point me to it please?

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Thanks Michael.

 

I wonder if you could take a quick look at mine please http://img402.imageshack.us/img402/4835/mcolbf8.jpg

 

Also, the MCOL website asks just under the Particulars of claim form if A) Does or will your claim include any issues under the Human Rights Act 1998? and B) Do you want to reserve the right to claim interest? (I presume A) is no and B) is yes)?

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1. Human rights no

2. Interest yes

 

Daily rate is just charges x 0.00022= £0.42p

 

After filing send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

Dear Sir,

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours sincerely,

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Thanks Michael.

 

Another thing, now that the claim has been issued i.e. today, Barclays now have 14 days to respond, it's my understanding that they have two choices, they can defend or fold, is that correct? What happens if they defend? Also, how long should this all take from now this point forwards, guestimate?

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Me again.

 

Is the Notice of Acknowledgement the same as a Notice of Issue?

 

I'm asking because I got the Notice of Issue today so I'm guessing I should be sending copy's to Barclays (Churchill Place address)?

 

P.S. Michael Browne, how did you get those dates spot on?

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Is the Notice of Acknowledgement the same as a Notice of Issue
?

No. Notice of Issue is when your claim is...er, issued.

Notice of Acknowledgement is when the bank...er, acknowledges your claim

 

 

I'm asking because I got the Notice of Issue today so I'm guessing I should be sending copy's to Barclays (Churchill Place address)?

Litigation Team,

Level 29,

Churchill Place

P.S. Michael Browne, how did you get those dates spot on?

Wild stab in the dark!

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  • 2 weeks later...

Claim was acknowledged today the 18th according to MCOL, so I guess I'll be getting the written acknowledgement through the post very soon, which if I'm not mistaken is also when I send Barclays a copy of the schedule of charges, does that all sound about right?

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Thanks again Michael, you are a true credit to this forum.

 

And without wishing to sound like a crawler I'd like to contribute to this site for the extreme patience you have so far displayed to me, I'm grateful and will certainly donate 3% of my final award if succesful but in the meantime I'd like to contribute a small amount for the help offered so far, how do I do this?

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