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    • Around a month ago I had to send a sympathy card to a friend in GB. Logistically it made sense to buy a personalised one on eBay and get it sent straight to my mate, rather than faffing around getting it sent to me.  This mighty purchase set me back all of £3.05 (including postage costs). I was taken aback that, when it was sent, I got a tracking number.  For a flippin' three-quid card!  I had no idea that technology had moved on so much and that tracking was so easy.  The shop has feedback for 16,300 purchases so tracking must be easy & automatic. It's unlikely your case will get to court, but in cases that do this got me thinking that we need to aggressively challenge the PPCs where they have lied about the timescales of sending their rubbish and have no proof at all of posting - when it would be so easy to provide it.
    • Thanks for uploading the appeal.  It was a waste of time but well done in not outing the driver. Why have your friends paid £60 they don't owe to a private company that have no means of making them pay as they don't do court?  If they paid by card, as I presume they did, they should get on to their bank and do a chargeback immediately. We call the £70 the Unicorn Food Tax.  The law specifically states they are only allowed to charge the original £100 but the PPCs and their bezzies in their trade associations allow this made-up extra £70 so £100 becomes £170.  Unfortunately for them the law doesn't. Anyway, snotty letter time. Their is an example in post 32 here you can tweak as it's the same company but a different car park   https://www.consumeractiongroup.co.uk/topic/463964-alliance-anpr-pcn-lease-car-appeals-refused-daymer-bay-cornwall/page/2/#comments  
    • Thank god you're not a part of the tribunal! Terribly biased and negative.  HR isn't all knowing. And this case proves it. Thanks again for your opinion.  I'm not going to court because of a few emails, I'm going to court because the head of HR has invented a PCP solely for me, which no other employee is made to sit. The language used in the emails is discriminatory and inflammatory.   
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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.  

      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.

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      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.

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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.
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      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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Simply put, yes you should (stick to your guns). From my experience (read my two RBS claims in my sig), they are just testing you to see how far you are going to take it. Send a response telling them that you accept it as part settlement and will be claiming for the rest and let them know how much of your deadline they have left to comply before you take it to the next stage.

 

Make them know you mean business ;)

 

If you want any pointers, read through my RBoS1 post (from my sig), I've posted each stage in detail. Good luck and keep asking questions if you're stuck.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Response posted :

 

Response to settlement offer.

 

Dear Mr McLean,

 

Thank you for your letter, dated 17th November 2006. I am glad you share my desire to resolve this matter and appreciate greatly your assistance thus far.

 

However, I must respectfully decline your offer of settlement and politely request, once again, that you return to me all charges imposed on this account, totalling. I have attached another copy of the schedule of charges I am claiming, previously sent with my initial letter (dated) and my letter before action (dated), for your information.

I will accept the sum of offered in your letter only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter before action sent previously indicates that you have until 28/11/2006 to respond before Court action commences. You are politely reminded that there will be no extension to this timescale.

 

I trust this clarifies my position and I would like to thank you once again for the time taken to assist in the ongoing prompt resolution of this matter.

 

Yours sincerely,

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I am a bit worried, on the eve of my deadline, by this paragraph I sent to Mr McLean :

 

"My letter before action sent previously indicates that you have until 28/11/2006 to respond before Court action commences. You are politely reminded that there will be no extension to this timescale."

 

Perhaps I should have allowed for more time between rejecting the offer and saying I was going to file my MCOL?

 

Anyone got any opinions?

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Still no word from the bank alas :(

 

I noticed today too that they'd finally cashed the £10 cheque for my DPA request.

 

I'm going to give them until tomorrow, then file the MCOL.

 

As I've been corresponding only with Tommy McLean in Edinburgh, but I live in the UK, could anyone please tell me which address I use for the bank when filing my MCOL?

 

Thank you for any help....

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Received a letter this morning from someone PP Tommy McLean offering me a full and final settlement of the full amount I was claiming.

 

I'm really, really, really happy and really, really glad I gave Tommy and his team a couple of extra days before I filed the MCOL.

 

So, in short, I WON!!!!!! :D

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