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    • I apologise if I was being unclear. Where it currently stands is that they will have it repair, placing scaffolding in our garden for 5 days. They have moved fast, but we will still have to postpone our contractors, meaning, we won't necessarily have the work done in time for the wedding and therefore will incur additional expenses for either a marquee or a wedding venue. They are vehemently against having any kind of liability in any regard but continue repeating that they are legally entitled to use our garden for their repairs (I believe this is true unless the work can be carried out using a cherry picker). The neighbour seems either indifferent or oblivious to the fact they can't reach all of the side of the roof from the space where they can place the scaffolding. They have asked their roofer of choice about using a cherry picker but the roofer has said it wasn't possible. It's not clear whether the roofer doesn't want to use a cherry picker or whether there is an issue with it. They have told us it is a problem that we are installing a gazebo as it will prevent them to access their roof from our garden in the future?!?  
    • Couldn't agree more, really wanted a true ruling on this just for the knowledge but pretty sure the Judge made some decisions today that he didn't need to?.. maybe they all go this way on the day? We hear back so few post court dates I'm not sure. Each Judge has some level of discretion. Their sol was another Junior not even working at their Firm, so couldn't speak directly for them! that was fortunate I think because if she would have rejected in court better, she might have  been able to force ruling, we are at that point!, everybody there!!, Judge basically said openly that he can see everything for Judgement!!!  but she just said "I can speak to the claimant and find out!" - creating the opportunity for me to accept. I really think the Judge did me a favor today by saying it without saying it. Knowing the rep for the sol couldn't really speak to the idea in the moment. Been to court twice in a fortnight, on both occasions heard 4 times with others and both of my claims, the clerk mention to one or both parties "Letting the Judge know if you want to have a quick chat with each other"! So, it appears there's an expectation of the court that there is one last attempt at settling before going through the door. So, not a Sol tactic, just Court process!. Judge was not happy we hadn't tried to settle outside! We couldn't because she went to the loo and the Judge called us in 10 minutes early! - another reason to stand down to allow that conv to happen. Stars aligned there for me I think. But yeh, if the sol themselves, or someone who can make decisions on the case were in court, I would have received a Judgement against today I think. She was an 'advocate'.. if I recall her intro to me correctly.. So verbal arguments can throw spanners in Court because Plinks dogs outsource their work and send a Junior advocate.
    • that was a good saving on an £8k debt dx
    • Find out how the UK general elections works, how to register to vote, and what to do on voting day.View the full article
    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Cancelled BT Broadband, still got Netprotect


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Hi guys, here's my situation:

 

I closed my business down last June and cancelled my telephone & broadband contract with BT, no problems there thank god.

 

Anyway, they have asked for a £44 payment for Netprotect or something. I'd never heard or used this service, but they said that it was taken out when I set up the phone/broadband. My wife explained to them that surely if we have cancelled the phone and internet in June last year, how could we use the Netprotect? They say that it can be used on any PC anywhere.

 

My wife also asked why they didn't mention it when we cancelled last year, but BT said that they were not obliged to and assumed that we wanted to keep it. My clever wife also asked for (and received) a copy of the transcript of her conversation.

 

So, where do we stand, do we just pay it to avoid damaging my perfect credit rating?

 

Many thanks in advance.

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Whatever you do, do not cancel your direct debit. For the moment make sure you make any payments they require for this because if you suddenly stop paying then these people become like dinosaurs and they blight your credit file and smash up your life.

 

You had better understand that these companies are better at debt collecting then they are outdoing their mainstream business. I think that the reason is probably that the people who run their debt collecting functions have a certain arsonist about them and they make everything a personal mission. The people who are running the mainstream business of providing the communication service are by and large well-intentioned, peaceloving jobsworths who just want to get home in the evening and forget all about it.

 

As far as getting a transcript of any phone recording is concerned, forget it. It will be amazing if you get anything like this. These companies don't like to let this kind of information out and even if you send them subject access request under the data protection act, you will not get it for some reason or other.

 

If you have never heard of or use the service then it is clearly a case of mis-selling – and this is the equivalent of the banks and finance industries PPI mis-selling. Everybody's at it and British Telecom is no exception.

 

You'll probably find is that some British Telecom employee got a commission when they added it to the products that you had bought.

 

I suggest that you begin by making a claim to them on the basis that this is an insurance product that was mis-sold. BT will knock you back – then go to the communications regulator. However like most industry regulators, Ofcom is weak, limp wristed and bias towards the industry and they will probably do nothing as well.

 

In terms of the continuation of the contract now, it is clear that it is a collateral contract. This means that it needs a core contract and it rides on the back of that core contract. Such a collateral contract is unable to exist on its own if the core contract is terminated.

 

As I have said, do not withhold money because otherwise BT will start to do what they very good at and that is to smash up your life. Put in a letter, tell them that the protection contract was collateral to the main contract and that as the main contract was terminated, the collateral protection contract also terminates automatically. Explain to them that it cannot be any other way. You only problem here will be whether they are capable of understanding this kind of logic.

 

If they refuse to cancel the contract and to refund you at least to the date of the termination of your main BT contract, then you could sue them in the County Court with better than 95% chance of success. If they obliged to do that then at the same time I would add a claim for the mis-selling and try to get all the money back as well.

 

It's really up to you as to how much trouble you want to take. I'm afraid this is the the way that it happens with these big industries. They don't care about you. Individual employees get very personal about standing up to customers rather than providing a decent and straightforward and straight dealing service.

 

Finally, you will find all these big industries are prepared to spend 10 times more money depriving you of your right then it would cost them to recognise your right in the matter.

 

BT is about to take over a substantial part of the mobile phone market. God help us all

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