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    • I'm afraid this is completely out of my experience but I seem to recollect that a publican has a right to bar whosoever they please from their pub and I suppose that the only grounds for challenging that might be that the ban had been applied in a discriminatory way. On the basis of what you say here, none of it seems to have been discriminatory – and even the rather unkind refusal to let you go to the loo – does not appear to have been motivated by any intent to discriminate – simply to prevent somebody who was banned from entering the premises. It wouldn't surprise me if they were entitled to do so. The fact that the public and then allow you to use the loo seems to me – not to have been prompted by kindness – but rather to avoid scandal. If you have bought a small claim then as long as you litigate reasonably, the small claims rules relating to costs apply and it is unlikely that a judge would be moved to apply discretion to waive those rules. Maybe it would be a good idea if you put up the claim form here in PDF format – and also a defence. I would also be interested to see a PDF copy of the solicitor's letter – which on the basis of what you say may well be abusive and that they are threatening you with costs when they know full well that in the usual run of things, costs would not apply in the circumstances. However, you say that you have sued him in the Small Claims Court – but has actually been allocated to the small claims track? What precisely have you relied upon as your cause of action – and does that cause action fall within the small claims rules? Also, how much have you claimed for – and in compensation for what kind of damage? You would most normally have to demonstrate some actual incalculable loss – calculable in money terms – in order to bring an action.
    • Success! I couldn't find any evidence of any parking restrictions so emailed Starbucks direct.   In the email mentioned details as recommended above.   They then sent the query onto EuroGarages who run the site. They got in contact with me and asked to send a copy of the notice. They have just confirmed:   All our sites are operated with a parking system which helps control issues such as people leaving vehicles for prolonged times or camping out in the car park. Unfortunately, this ends up affecting genuine paying customers like yourself which is why we have a system in place in each store.   For future visits, if you are going to stay over the time limit which is displayed in the car park, just let our staff on site know and they can note your car registration down. This way you avoid any parking fines.   I have appealed the fine on your behalf and managed to successfully get it cancelled. If there is anything else I can help with please let me know.     So thank you for everyone's help with this, much appreciated. 
    • Did you make this contract at the car showroom or have you done it remotely simply by text in relation to an advertisement?  
    • Don't you mean that without an elected Labour Party (the one I voted for and paid into over decades, that same one that you did NOT vote for or support) there would be no NHS   and looking forward at an ineffective, MP deselecting, head in sand,  unelectable Corbynite labour, we can see Johnson in power for years to come ..
    • The hearing is tomorrow, I didn’t get chance to post anything off to the solicitors or the court can I just turn up with the correct paperwork and a letter from my CPN nurse explaining my circumstances ? 
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saintalan

1999 SLC SCOTTISH 1a small claims Decree, now rebadged by shoes/eruido - think i'm stuffed? No, I WON

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cash the cheque and leave them to it.

they'll soon work it all out...eventually.


please don't hit Quote...just type we know what we said earlier..

 

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Afternoon DX100 et Al

So home today to another letter.

We refer to our response letter 29th August. Copy enclosed.   (This was the compo letter with the cheque)

Our client blah blah blah.

Unless agreement in 14 days instructed to commence court actions etc etc.

 

So now am I being harassed ? or are they entitled to still write to me ?

The debt is no longer legally enforcable due to the 20 year prescriptive period.

Should I respond or simply ignore now ?

I believe if I respond I should refer to 

 

Prescription and Limitation (Scotland) Act, 1973

 

Further to above I have just once again dug out their letter (Post 66 mentioned) of 19/11/14 where they inform me that "a court decree is subject to a 20 year prescriptive period, therefore this account is not statute barred"

 

I guess referring them to their own letter may be the way to go ?

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well the 20yrs bit yea.

 

wind 'em up why not.

 

further harassment will force me to raise a serious complaint with the relevant authorities concerning your actions.

esp in relation to your admission in your letter dated 19/11/14 [copy enc]

 

I shall also seek financial compensation

this will be carried out with no additional notification to yourselves should you fail to desist.

 

there is a Scottish SB letter in the legal section of our library to add too the above

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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ah its moved

debt collection section sorry

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please don't hit Quote...just type we know what we said earlier..

 

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Well thanks again and good morning.

 

Shoosmiths do seem to take things a bit more seriously now rather than ignore me and bombard me.

 

this morning I receive another letter.

Blah blah

Please accept this as acknowledgement of your complaint that our letter demanding payment is harassment, as it falls outside of the specific 20 year prescription period detailed in our letter 19 Novv 2014.

 

Carry out full review etc in accordance with FCA rules and respond within 8 weeks.

 

 

Now I wonder where this can possibly go.

Either my complaint is upheld or they find something beyond the 20 year prescription period ?

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they cant argue

the decree is clearly stamped

the prescribed period of 20ys has expired.

extinuquished..dead gone parrot.

 

dx

 

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please don't hit Quote...just type we know what we said earlier..

 

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Polly Gone = Dead Parrot that is what they got

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:mad2::-x:jaw::sad:

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Should get an apology and Compensation again possibly.

We shall see. 

Thanks folks.

Shows the arrogance of "their client" refusing my near 50% payment offer much earlier in the thread.

Posts 24 and 25

Edited by saintalan

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It is all over 😊

Thank you to everyone who has taken an interest and particularly DX100uk who has helped keeping me on the right tracks.

Today received the following

 

Having reviewed the matter I do agree that the 20 year prescription period ended on 20 August 2019 and you should not have received further correspondence from us requesting payment after this date. I apologise and you will receive no further correspondence regarding this matter , and I will ensure your account is closed.

 

Conclusion

I confirm I uphold your complaint and I apologise that you have had to raise this. On this occasion I do not consider we have met the high standards I expect. I have provided feedback to the line manager , so that processes can be reviewed in order to ensure these errors are not repeated, and in order to allow staff training surrounding prescription periods.

In light of our error in contacting you, a cheque for £20.00 shall follow. Retaining this payment won't affect your right to refer this complaint to the FOS. 

 

 

etc etc.

 

So to end this happy story does anyone believe I should let the "FOS" know ?

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Yes let the FOS know, if you are happy to close your complaint.


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sorry without going back

did you involve the FOS before..only on a small phone at present

 

shoos ineptitude and shear volume of correspondence designed to harass IMHO might deserve a great compo figure?

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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Thanks what I meant was I have never been to the FOS.

I am happy it is over but can the FOS take any additional action that helps me ?

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yes they can.

esp if you consider that the communications have been harassment and the customer experience overall has been poor.

 

now harm in ringing the FOS and asking their view on opening a complaint.


please don't hit Quote...just type we know what we said earlier..

 

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Technically the only complaint I have relates to correspondence after the 20 year period. They were entitled to harrass me up till then. 

When I got my previous £50 compensation my complaint was not upheld but the compo was for not dealing with in the correct timescale.

I could I suppose also use this as bad service.

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pers i'd do it for all the others that have had it happen and are sadly too scared of erudio and their dogs

 

so I have an issue with a company called erudio and their solicitors concerning a slc student loan. etc

 

just remember this,it's costs erudio +£450 if the fos get involved.....regardless to anything you might get..


please don't hit Quote...just type we know what we said earlier..

 

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