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    • I decided on confrontation - which I hate.  Omg the arrogance of the driver.  They refused to say who had given them the alleged permission to park on the private land - unless I proved ownership.  I couldn't believe they could be so objectionable.   They advised they couldn't take public transport to work as they lived too far away.  They couldn't rent a local garage as none were available. I simply said that's their issue not mine. It was infuriating that this person had such misplaced entitlement.  However I decided to humour them and show them the title deeds.   They couldn't respond.  Although at this point they alleged some guy in a city up north - whose name they couldn't remember - gave permission!!    They then asked if they could buy the garages and land!! Yet can't afford to park on a meter !! They seemed to back down and agree to now park elsewhere.  I hope so. 
    • I've worked out the contractor invoiced apx 250k - Without adding vat to the invoices.  So based on above he should have added vat to all invoices once he reached 85k?  Obviously he had to pay his labourers - would those payments get taken off what he received?  Or it doesn't matter cos he invoiced for the high sum?
    • Greetings, I'm writing to seek assistance with an ongoing issue I'm having with Manchester Council.  I parked my car in a residential area behind Wilmslow Road to go purchase some food, not realizing it was a no-parking zone. I later received a letter stating I had failed to make the required payment, and the penalty had increased. I appealed the fine, explaining that I had parked there but never received the original Penalty Charge Notice (PCN), so I was unaware of the need to pay. However, the council's reply did not address my initial concern. Is there anything I can do in this situation? I admit to parking there, and I was willing to pay the original fine, but I don't think it's fair for them to demand a doubled amount when they failed to send me the initial PCN.  Any advice or guidance you can provide would be greatly appreciated. Thank you in advance for your assistance.   MK Document.pdf
    • If you look at some of the other debt related threads will see that one of the first things which will be asked will be for you to list out your debts in a brief chronological order, including date of debt, amount, creditor, amount outstanding, defaulted – yes/no – date of default, date of last payment made, have you acknowledged the debt at all to the creditors. That lot at least. I expect that my colleague @dx100uk will be along but will meet to know at least that information
    • Hi, I have found this group very helpful hence I am here seeking help and advice.   I got myself into a situation where I have now more than £50k in unsecured debts (personal loans & credit cards) and things are now getting out of control as I am struggling to make payments. This is purely my own created situation and I am taking 100% responsibility for it. I am keen to get out of this situation as soon as possible hence I would appreciate any help and advice in this process. I am employed at the moment and don’t want to risk going into IVA or bankruptcy as this would risk losing my job. Being sole bread earner of my family, I cannot afford to lose my job. I have been trying to keep up with the payments so far and had few missed payments instances until 3/4 months ago but got caught up with missed payments somehow using my savings. All my debts are still with original lenders. However I know I am getting into same situation again shortly and won’t be able to get out of it again. I have started exploring Debt Management Plan (DMP) option through StepChange but haven’t submitted it yet. Based on budgeting, I have around £820 available to make payments to all lenders after taking care of all other essential expenses. This is definitely lot more affordable than what I am currently paying to different lenders. 1. Is DMP right option for me in current situation? 2. what are the negative consequences of availing DMP? 3. is there something else that I can do to get out of this situation? I’m determined to clear out all my debts but need bit of breathing space and time. Let me know please if you need any additional information. Thanks in advance for all your help and guidance. MM  
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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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Thanks again Andy, I understand that now. Would it be worth asking for compound interest or do you think that would be pushing it?

I have all the payments that I have made on a spreadsheet which I can post tomorrow. Could you cast your eyes over it to see if I have the working out correct. I could take that with me to court to explain how I have worked it all out if the judge wants to know how I calculated it all.

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Pushing it...... I would be happy to just be recompensed and a little damages award.I have just amended post #74

 

section 69 of the County Courts Act 1984 (power of county courts to award interest on debts and damages)

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Only if it was requested in the Order/Directions after your last hearing.

We could do with some help from you.

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Hi all. I sent in my part 18 reply an hour before the deadline so they wouldnt have much time to reply as I am in court Monday the 10th but it didnt work, they got a letter out to me Friday and I got it today.

Its a copy of proposed directions that theywill be seeking on Monday at The Court Management Conference.

 

Heres the links to the paperwork below. Can someone have a quick look to see if I need to take anything with me on Monday please.

http://i911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/1.jpg

http://i911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/2.jpg

http://i911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/3.jpg

 

They are asking for copies of accounts from the company I was the director in and who I purchased the item from. As this is now a liquidated company I dont have them anymore, I left them in the building when the liquidators took possession.

They also want medical evidence supporting my stress claims.

Looks like they are going to go for a trial now. At the summary judgment the judge found for the claimant but stayed the order until I allowed me to come back and present my argument at the management conference (or is it still a summary judgment?) are Optima scared he may reverse his judgment after hearing my side of the argument and going to go for a trial instead, can I stop them?

I look forward to any coments.

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That's just proposed Directions ZENTRIX .Did you draft any with your AQ?

We could do with some help from you.

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Hi Andy, to be honest I dont think that I did, I have the CCA and SAR paperwork and couldnt think of anything else I would need. Do you think I have missed something or think I should ask for something in particular?

 

I think they are going to try and say that I knew that the company was in trouble when I made the purchase and thats why they want the accounts. I dont have them, if i tell the judge do you think that he will accept it? I do have an email from the liquidators saying that all the records were destroyed.

 

I used cards from MBNA and HSBC and claimed back half from HSBC, would it be in my interest to try for the other half from HSBC? Would they make MBNA backoff if I did? If HSBC had to pay the other half would they then go after MBNA for half? Just curious.

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  • 1 month later...

I have had a confirmation letter from the liquidators saying that they have destroyed all the paperwork so they dont have any accounts. They also said Optima contacted them for copies of the accounts and were told the same. Why have they asked me to do the same when they already know they dont have them? are they hoping I would produce them and give them proof I am fibbing? I dont have copies anyway, they were in the factory when the liquidators took charge.

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Yes Z using the N265 then they will request which document they require.

 

You only list any document referred to in your defence or WS and relied upon.

 

Regards

 

Andy

We could do with some help from you.

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Ok, just emailed Optima my N265.

I have 1 other thing to do:-

I have to provide medical evidence relating to my allegations of stress contained within my counterclaim.

 

What should I do, I have been having a lot of trouble sleeping but not been to the doctors to say that it was specifically caused by this case or ask for medication/help. I have just carried on regardless.

Anyone have a suggestion?

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" I have 1 other thing to do:-

I have to provide medical evidence relating to my allegations of stress contained within my counterclaim."

 

Who directed that disclosure Z?

 

Andy

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Hi Andy, there was a case conference where the judge went through the proposed directions from the claimant and threw some things out and amended others, this is one of the things that was left. So as I see it, it wasnt ordered by the judge but he okayed it?

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Judges can only order disclosure from the Claimant in the main...I would disregard it if you cant disclose.

We could do with some help from you.

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So long as you have submitted your N265 there is nothing to request an unless order on...only the DJ can demand you supply medical evidence.Their claim does not rise on fall on your medical notes...disregard and ensure that they disclose their claim.

We could do with some help from you.

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Ok all done, if I want to inspect or get copies of any paperwork they hold I have to ask them by 4pm on the 15th Feb. Is it best for me to ask for copies of all their documents just to make sure? and do I have to use a specific form to do so?

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Request what you think or need will be usefull...simply request them by way of letter/email.

We could do with some help from you.

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  • 2 weeks later...

Andy, just looking at the court papers sent to me and it says IT IS ORDERED THAT (at the top) The defendant shall provide medical evidence relating to his allegations of stress contained within his counterclaim.

 

Do I need to get a letter from the doctor? I am proper stressed at the moment, not sleeping, my lips are numb and tingly and my left arm throbbing a bit.

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Been to see the doctor tonight, I should be able to collect a letter from the doctor on Tuesday, also told him everything thats going on and how I feel etc and he has prescribed me a course of anti depresents. He agrees that I am suffering from stress.

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I have flagged your post for andyorch to help. However, it looks pretty clear that the Judge has ordered this in order to support your counterclaim.

 

Are you going to be ok with the timing if you are not able to collect the letter until Tuesday ?

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Thanks B, it should have been last week that the letter should have been there but they have given me till Monday 4pm so I will email them a copy of my prescription, that should be proof, then forward the letter from the Doctor as soon as I get it on Tuesday.

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Ah righto - that is good you have the extra leeway.

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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