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    • The economic research group as the main parties have “ducked” addressing public finance challenges.View the full article
    • Thanks. In that case when it comes to preparing my court bundle I will remover the Bradbury v UPS case. And I agree, @occysrazor 's case is the strongest asset I have in defence. Hopefully the necessary literature will be available by the time of my court date.  
    • Some of this seems to hinge on him not being properly instructed by POL or their legal reps. He was said to be an independent expert but doesn't seem to have known that he should reveal all evidence he was aware of and not just the bits that suited Fujitsu/him. I know he asked for immunity from prosecution, is it still the case that Wyn Williams doesn't want to do this? The last I saw there was still a perjury ivestigation.
    • So I like a bit of fun with the horses and have a few profitable tipsters, when i make a profit i re-invest and try more, nice little way to work on the side. This site looked promising however after joining a Telegram group I was not at all happy with the service as it was completely dead.. a week went past... I thought it was brokedn (expecting 14 tips by now)... 2 weeks went passed.. a tip came in about something happening in a few weeks... the month was nearly up (£49 couldnt be recouped by these bets) I complained via email asking for a refund as it was not as advertised, website says 1-2 tips a day, i expected that.  There's no way i could recoup £49 a month on 1 or two tips.  I didnt get a reply. I tried again,  no reply. Ive then had to up the email wording to request Im now really not happy. I get a reply and it appears they agree a refund (this doesn't get processed) Fed up i send a notice before action letter. I then get various emails of a very unprofessional manner and one towards the end that sounds a bit like a threat. I would encourage others to be very cautious about this website and if that was a threat (I know where you live, i have your postcode)  It becomes a police matter.  Im sure, it is just a recording of my personal data so I cannot be allowed in the telegram group again. Either way, is there anything ive missed? Emails below in order.   On 22/05/2024 11:31,  wrote: Hi I havent had a response to my last two emails, and Im not getting what's displayed on the site (1-2 bets a day) Please can you process a refund as its not what I was expecting   Thanks   --------- From: info@premiumracingtips.com <info@premiumracingtips.com> Sent: 22 May 2024 12:17 To:  Subject: Re: REFUND   Hi X, Are you still in the private telegram group? Regards, Ash -- On 22/05/2024 12:21, I wrote: Hi Its all still logged in yes as per the day it was set up   thanks ---- From: info@premiumracingtips.com <info@premiumracingtips.com> Sent: 22 May 2024 12:25 To:  Subject: Re: REFUND   Hi X That is fine. When did you send the previous emails? This is Marc speaking here I run the service. So on the 1-2 bets per day, some days there are no selections because there is no value or information. It is impossible to make profit long term betting every single day. Did you get on Macduff 33/1 for the Derby? Regards, Marc ----- From: X Sent: 22 May 2024 12:41 To: info@premiumracingtips.com <info@premiumracingtips.com> Subject: Re: REFUND   Hi Marc, I sent a mail on the 16th initially then Monday this week to follow up.   Yes, Got a Derby tip through but nothing else in a week   Ive based this on needing £50 profit required to break even, so expecting 1-2 bets a day (sorry) , £2 average bet profit needed to make a small profit after the subscription fee, as a test then move up as confidence grows   I probably need a larger starting bank to benefit from this properly.   Thanks X ======================================== Then, no further correspondence received until almost a month later: ====================================== 17/06/2024 Good afternoon,   Further to my correspondence below I am notifying you of court proceedings.   If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. Court fees will be added to the final invoice adding £215 minimum to the refunded amount and this will affect your ability to get credit.   I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction. I look forward to your acknowledgement. Yours faithfully, X   ============== NOW i get a response! =============   Tuesday 18th/06 Evening X Firstly, I know the law (family member is a QC) so this legal jargon does not work with me. Secondly, you were already processed a pro rata refund on the 5th of June 2024. Sometimes this does not appear on the bank statement. The bank can find this with the Acquirer Reference Numbers (ARN) - 88888888888888888 Once the bank have confirmed this I would personally like an apology for the time you have wasted and the serious accusation. Regards, Marc =================================================== I was going to drop it at this point, throw it in my spam folder as a mistake in my judgement, lessons learned to do due diligence on such a company next time, however this then got my back up when a pestering follow up arrived: ==================================================   From: info@premiumracingtips.com <info@premiumracingtips.com> Sent: 20 June 2024 18:35 To:X Subject: Re: Notice Before action - Court proceedings   Hi X Still waiting on a response and an apology? Regards, Marc --------------------------- On 21/06/2024 09:11, X wrote:  I dont think you read the email correctly, so I will presume you misunderstood.   The only thing Im sorry about is using your service.    To recap:   You didn't respond to emails, of which I had to send multiple to get an ounce of attention You did not confirm any refund or ask to agree on pro-rata reduced refund You do not send out 1-2 tips a day as per your website (trade description act breach) And you seem to forget who is the customer here, you have been dismissive and non responsive and now asking for an apology??   My 14 day notice still stands, I am currently not satisfied with the response and a full refund is still outstanding.   This can be processed easily and without further waste of time. Please process this or send on your final response on this matter (letter of deadlock) so next steps can be taken.     ------------------------------------------------- Sun 23/06/2024 21:18 High importance You replied on Mon 24/06/2024 09:06 Evening X Thanks for another email. Payment has been refunded Acquirer Reference Number (ARN) 8888888888888888888 (altered for security) I am sending this again as you did not acknowledge you have received the refund. This was processed on the 5th of June 2024. Sometimes I have bad actors that join my service and try and defraud my business with similar tactics to what you are attempting. It's pretty embarrassing that you are attempting to defraud a business after you have already been refunded. Tells me a lot about your character. I advise you use this link - https://www.gamstop.co.uk/ Also, for future reference this is your postcode - xxx xxY ???  (altered for security) Regards, Ash -------------------------------------------- My final mail: --------------------------------   I do not agree with any of your statements, in order for fraud to occur something must be untrue. You have other unhappy customers, that's interesting to know.   I acknowledge a partial refund has been received for  £24.99  - so  £25 is still outstanding.  I do not agree to a pro rata refund for something I haven't received.   Thanks for the link, but it doesn't apply to me (unless that was an insult, if so, you're 'business' condones insults to customers?)     Thank you for acknowledging you also have my personal data on file. Under GDPR, I do not consent to you storing any of my personal data and this now must be deleted as well as anywhere it may have been shared.   Thank you  
  • 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
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I have been served with an S21(1)(b) that expires on the last day of my AST. However, I have read somewhere that when I renewed my tenancy last year, they should have provided me with the details of the deposit protection within 30 days.

 

There are some details of the deposit protection contained within the tenancy agreement and a section that reads: Details of the DPS to which the landlord subscribes are given in the documentation annexed to this agreement, receipt of which the tennant acknowledges. Please refer to annex 1 & 3 at the end of this agreement.

 

Annex one says :INFORMATION PRESCRIBED BY THE HOUSING ACT 2004 then goes on to show landlords name and address and mine and my partners names and email addresses.

 

Then annex 3 reads: AS A SEPERATE ATTACHMENT WHICH REFERS TO THE TERMS AND CONDITIONS OF THE DEPOSIT PROTECTION SERVICE.

 

However, I have NEVER received anything that refers to my deposit since moving in 3 years ago and certainly not when I have renewed each time.

 

Does this make the section 21 invalid?

 

If so, what should I do? Wait to receive a court notice? Are they legally then able to make any deductions from the deposit when i do move out?

 

Any help is appreciated.

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You should of got the PI info when you took your first AST, it will just rollover if you sign another one.

But agent or LL should confirm that.

Ask for details now and see what happens.

You are correct if not protected then S21 no valid.

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They should have given you all the information here:

 

http://www.legislation.gov.uk/uksi/2007/797/article/2/made

 

which includes a leaflet (2b) from the DPS that describes the DPS scheme.

 

My opinion is that they only have to have given it to you once - when your deposit was first paid to them - and not at each renewal.

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> Does this make the section 21 invalid?

 

Yes. As long as the judge is convinced...

 

> If so, what should I do?

 

What is their aim? Do they want you to leave, or is it being issued so that they can require you to sign a new contract.

 

If they want you to leave you could stay and ignore the notice. You could also negotiate your way out of the contract in a way that is satisfactory to you.

 

> Wait to receive a court notice?

 

That would be an option if you want to delay things as long as possible. If you tell them now, they can resolve the problem and re-issue a new Section 21.

 

> Are they legally then able to make any deductions from the deposit when i do move out?

 

They are legally liable to return the full deposit to you plus between 1 and 3 times the amount. But you would have to issue a court claim.

 

If you do not issue a court claim, then they may propose deductions and you may have access to the free resolution service provided by the deposit protection company.

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OK, thanks. They want us to leave at the end of the AST. We are currently looking for alternative accomodation, but it is difficult to find a suitable place that is not to far from the kids schools and is a suitable size etc, so utltimatley we would like to hang on here as long as possible.

 

If we were able to get the deposit back with the 1-3 x penalty before we moved out, that would help greatly as we are really struggling to raise a new deposit for another place.

 

Any advice on how to proceed. The AST doesnt run out until beginning of June.

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Not sure if judge will see the lack of PI as important as NON protection! and my IMHO would not award any compensation, but could return deposit; but it would be up to you to start a claim which could be very expensive up front and risky.

Also LL could make valid deductions from deposit, and it would be up to you to challenge that through the scheme or courts.

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So long as the S21 is invalid and buys us a bit of time, we would be happy. Return of deposit would be a bonus, but im not too worried about that.

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Actually, late provision of the prescribed information does not render a s21 notice invalid, if the deposit itself has been protected - and there's mitigation to any claim brought by a tenant if all that was not provided was the PI.

 

Don't rely on the s21 not being valid - doubtful any judge will see it as such, since whether the prescribed information was provided or not will come down to who the judge believes. There is good evidence to support the LL, in that the deposit was in fact protected in time and the tenancy agreement itself gives details of the scheme it is held in, and makes reference to the prescribed information.

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