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    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
    • I’m tempted to send a letter to the company outlining the reasons why I think their PCN is illegitimate. I guess will technically be an appeal.  Their documentation states they won’t discuss over phone, I also don’t want them to have my email address.    re signage on entrance, having looked at land registry, the whole road is private, and when you turn into the road off the highway, there is a sign on the lamppost about 20m in, again not noticeable and on the other side of the road.  I feel like I am in a difficult position with this, I understand that I may have a good chance of not having to pay, but at the same token the stress this is already causing me makes me feel like it’s not worth the £60!
    • Well done with the photo. Of course the signage is insufficient.  PPM are not interested in competent management of a car park, they are interested in catching drivers out so they can issue their PCNs. For a start, according to their trade associations' Codes of Practice, they are supposed to have signage at the entrance. Any e-mail reply from the company and whether they will/won't/can/can't get the invoice cancelled?    
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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      • 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
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      • 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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ASA Adjudication on Caversham Finance Ltd

 

Caversham Finance Ltd t/a BrightHouse

 

5 Hercules Way

Leavesden Park

Watford

Hertfordshire

WD25 7GS

 

 

Date: 12 February 2014

 

Media: Television

 

Sector: Financial

 

Number of complaints: 1

 

Agency: The Gate Films

Complaint Ref: A13-230773

 

 

Ad

 

A TV ad for a repayment retailer. The ad began with on-screen text that stated "Caversham Finance ... 29.9% APR representative". After the on-screen text disappeared, the voice-over said, "At BrightHouse we're making life a little bit easier by giving you the things you need right now and letting you pay for them a little bit at a time either weekly or monthly. We offer quick and simple credit and a price match promise on everything." During the ad, gold coloured blocks appeared which morphed into household products.

 

Issue

 

The complainant challenged whether the ad was misleading because the APR was not sufficiently clear.

 

BCAP Code

 

1.314.113.13.23.9

Response

 

Caversham Finance Ltd t/a BrightHouse said the ad did not contain an amount of money and did not display any financial information. They said because the ad did not contain an incentive or comparison information, it was not necessary to display an APR.

 

Clearcast said they had reconsidered the ad and accepted that the on-screen text with the APR would have been more relevant if it had appeared later in the ad when the voice-over mentioned payment options. They said due to time restrictions and the amount of on-screen text it would have been difficult to include all features. They said they had received confirmation from the advertiser before the ad was submitted that it complied with the Consumer Credit Act.

 

Assessment

 

Upheld

The ASA noted The Consumer Credit (Advertisements) Regulations 2010 (CCARs) stated that, where a credit advertisement included various trigger information, such as an indication that credit was available to persons who might otherwise consider their access to credit restricted, a favourable comparison of their terms of credit to other competitors or any incentive to apply for credit, the ad must specify the representative APR. The CCARs also stated the representative APR must be given greater prominence than the trigger.

 

We consulted the Office of Fair Trading (OFT) who said whilst the APR was clearly shown at the beginning of the ad, they believed the voice-over reference to "quick and simple credit" was likely to be an incentive to apply for credit, and that "either weekly or monthly [repayments]" constituted a comparative indication, and that both were therefore triggers which were given greater prominence than the APR. We agreed that the reference to "quick and simple credit" constituted an incentive to apply for credit and that the reference to the flexible repayment options was a comparative indication, because it implied a benefit available from BrightHouse that would not be available from other credit providers.

 

We considered that information given in a voice-over was likely to be viewed by consumers as more prominent than on-screen text at the bottom of the screen, and that on-screen text at the bottom of the screen was therefore unlikely to be sufficient if the trigger information was given in the voice-over. Although the representative APR appeared on screen at the beginning of the ad we did not consider that it was given greater prominence in the overall presentation of the ad than the trigger information ("quick and simple credit" and "letting you pay for them a little bit at a time either weekly or monthly").

 

We therefore concluded that the ad breached the Code.

The ad breached BCAP Code rules 1.3 (Compliance) and 14.11 (Financial products, services and investments).

 

Action

 

The ad must not be broadcast again in its current form. We told BrightHouse to ensure the APR was given greater prominence than any trigger information in future. We advised them that if the trigger information was given by the voice-over in a TV ad, in general, it was unlikely to be sufficient for the representative APR to be included only in on-screen text.

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Their APR is far higher than 29.9% though isnt it ?

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Their APR is far higher than 29.9% though isnt it ?

 

I wonder if the complaint was made before BH changed their APR rate?

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I wonder if the complaint was made before BH changed their APR rate?

 

 

Aha, didnt think of that :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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