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    • Thanks BankFodder.   I wasn't intending on making bones about it with them but I was irked at being dismissed with the phrase 'it's store policy'.  I returned it because I was returning an air hockey game which wasn't functioning properly.  I would have assumed that if it were designed as a toy for an audience that may be prone to dropping it, it would be made to be suitably durable.  I was expecting that a year would have been reasonable and by it not lasting it was, as you mentioned, not of satisfactory quality. Alas, it's not something I wish to pursue to find out for sure.   I do appreciate your feedback, as always on here, I like to know where I stand with these things.  Thanks also for the heads-up on the Youtube video, I had not thought of that.
    • I've also being doing some reading over the weekend. It appears the law of properties act 1925 does not apply in Scotland (only England and Wales).   "In Scotland an assignation need not be in writing, and intimation is all that is needed to give the assignee a right effective against all parties. Apart from the terminology, the principal differences in England are as follows. Under the Law of Property Act 1925 the assignment must be in writing, the entire benefit must be assigned, and notice must be given to the other contracting party. If any of these elements are missing there may still be an equitable assignment – under which an assignee would typically need to join the assignor as a party to any action under the contract."   So I think the NOA defence is not going to hold up, as Nolans are probably right in what they are saying that their letter (intimation) is sufficient.   So my sole defence is going to be lack of default notice under section 87/88.   Any advice at this stage? I assume costs are still capped at £150 if lose?
    • Hi bankfodder. I do have the invoice in my email, so would it be the cost of the turbo and labour for fitting
    • as i said unsure of what this 15% is about.   the FOS/FCA clearly describe how refund calcs show have been made the their relevant sites.   p'haps at this juncture it might be better to scan up to ONE multipage PDF their refund letters  another set of eyes is always belter.   please read our upload guide carefully      
    • I wouldn't bother with emailing Virgin's CEO.   In April I started a complaint about my BB connection which they repaired quickly but charged me to repair.   I was mostly ignored or promised resolution that never happened. So I complained by email to the CEO, twice, demanding written responses. On each occasion, a lowly call centre worker called and it was obvious they knew or cared little about my actual case.   Finally I got a written reply confirming the charge was dropped but not a penny offered in compo despite the issue taking months to resolve.   Virgin don't take CEO complaints seriously.
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      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
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      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
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I am in court 22nd May! CEAL/DEL - help! **Discontinued **


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I personally think that CEL/DEAL will do their usual disappearing act and not show up. In which case you'll win by default.

 

But, in the unlikely event that they do, you should have more than enough ammunition in this thread alone to sink their claim and be awarded your own (reasonable) costs.

 

Those "signatures" for instance. While there might not be enough evidence there to investigate a criminal act, showing them to the judge will instil an element of doubt in their mind, and that's all you need to do. The judge will look at it "on the balance of probability" (a much lower threshold), and you'd have to say that on the balance of probability, those forms were not signed by the same person, so one cannot be certain that the signature on your claim form in that of the 'genuine' Mr M Shwartz (who doesn't actually exist on the role of solicitors).

 

Good luck, not that I think you'll actually need it thumbup.gif

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Hi Everyone

 

The mysterious letter at the post office was a notice of discontinuance. It had been issued on the 18.05.2015.

 

However being the untrusting soul I am (thanks to all your advice) I went down to Wakefield court and confirmed the case had in fact been discontinued.

 

Watchdog are investigating these people so I have supplied them with all the documents shared on here.

 

Cant thank you guys enough for all your help and support.

 

Day at home for me then!!!

 

Thank you

Edited by citizenB
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Is this the PPC where Watchdog sent in an undercover reporter? This is being broadcast next week (Thursday 28th)

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Excellent, is it these clowns that are on next weeks Watchdog?

I know they are running a piece on a PPC issuing fake court/sol letters...should be good!

 

Ha ha, great minds DBC!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Excellent, is it these clowns that are on next weeks Watchdog?

I know they are running a piece on a PPC issuing fake court/sol letters...should be good!

 

Ha ha, great minds DBC!

 

Not sure but I am now vehemently joining the campaign against these people in whatever way I can. I have lost sleep and been stressed over the tactics used. Fake and photocopied letters, non practicing solicitors' who cant spell their own name, electronic signatures etcetc. The whole practice is disgusting

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Is this the PPC where Watchdog sent in an undercover reporter? This is being broadcast next week (Thursday 28th)

 

Yes it is. I will watch with great interest

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Excellent news - I have amended your thread title to reflect that this was discontinued :)

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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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Yes it is. I will watch with great interest

 

Get in touch with them and tell them your story....

https://ssl.bbc.co.uk/programmes/b006mg74/contact

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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well done jules glad to help.

 

 

give watchdog everthing they ask for

that's all i'll say:wink:

 

dx

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Congrats.

 

Bet you are glad you didnt pay now :)

 

Well done for staying strong!

 

And thanks dx for the corrections on my post :D

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Not sure but I am now vehemently joining the campaign against these people in whatever way I can. I have lost sleep and been stressed over the tactics used. Fake and photocopied letters, non practicing solicitors' who cant spell their own name, electronic signatures etcetc. The whole practice is disgusting

 

Welcome to the 'Wonderful World of Private Parking Companies'

 

A world in which they make up the rules, usually as they go along.

 

 

 

Out of interest, what was the date on the letter that they sent regarding the case being discontinued?

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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You can now send a bill to DEAL for your wasted effort in preparing a defence when they knew that there was no case to answer. The problem with a discontinuance is that unless it was literally the day before you will have trouble persuading the judge due to hear it that you deserve your costs. Try writing to the court and asking for a costs order.

However, you are now wised up to how this particular crook operates. 75% of people give up and pay up so they rake in tens of thousands of pounds that if the cases went to court would get them nothing. Tell all of your friends and relax over a cold drink.

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Welcome to the 'Wonderful World of Private Parking Companies'

 

A world in which they make up the rules, usually as they go along.

 

 

 

Out of interest, what was the date on the letter that they sent regarding the case being discontinued?

 

I have now sat and looked at the documentation.

The notice of discontinuence is dated 18/05. Cant read the signature but isnt Schwartz or Cohen.

The letter attached from DEAL is dated 19/05 and is marked urgent sent by guaranteed next day delivery before 1pm.. Looks like it is signed by someone called Debs ! but is a true signature rather than a template.

 

I suppose they leave it till the eleventh hour to see if you will actually pay

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Thanks for this Eric's brother but I think I am going to count my blessings.

 

The suggested fine and costs on the letters sent to me go up above £500 and whilst I know I could have paid the amount within 28 days and not suffered a ccj, it still makes me feel sick when I think what I could otherwise spend £500 on!!!

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I have now sat and looked at the documentation.

The notice of discontinuence is dated 18/05. Cant read the signature but isnt Schwartz or Cohen.

The letter attached from DEAL is dated 19/05 and is marked urgent sent by guaranteed next day delivery before 1pm.. Looks like it is signed by someone called Debs ! but is a true signature rather than a template.

 

I suppose they leave it till the eleventh hour to see if you will actually pay

 

They do, and you can bet your life that they also look at forums such as this one, to see what they're about to get hit with if they're daft enough to take it all the way. They knew all along that they had no case and were probably just sat there with their fingers crossed hoping that you didn't and would just pay up.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Yay! Well done, Juel. :cheer2:

 

I think you did just the right thing going to court to confirm. It's not unknown for some companies to say they've discontinued and then go on to get judgements in default because someone more trusting than you didn't turn up at the court, I believe.

 

Have a great weekend and keep up the campaigning. :)

 

HB

Illegitimi non carborundum

 

 

 

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Are there not now cost implications ?. I can see CPR 38.6 says it doesn't apply to small track claims, but is the defendant/OP entitled to some costs ? (I guess the amount of £90 ?, doesn't apply as he was told in advance of the discontinuance.

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Are there not now cost implications ?. I can see CPR 38.6 says it doesn't apply to small track claims, but is the defendant/OP entitled to some costs ? (I guess the amount of £90 ?, doesn't apply as he was told in advance of the discontinuance.

 

I think you can only reclaim costs in the small claims court if the claimant behaved badly/abused the process. I doubt a claim could be made for losing a day off work or travel expenses could be reclaimed, as you say they did notify the discontinuance :(

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

 

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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Apologies - appreciate I'm more than likely breaching the forum etiquette however really need help asap!

CCJ letter received from Wright Hassall (Right Hassle) solicitors. Sum is for £300 in a free car park! CCJ response required in 14 days - any idea on response which could hold any weight?

Please help!

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Apologies - appreciate I'm more than likely breaching the forum etiquette however really need help asap!

CCJ letter received from Wright Hassall (Right Hassle) solicitors. Sum is for £300 in a free car park! CCJ response required in 14 days - any idea on response which could hold any weight?

Please help!

You have not received a County Court Judgement. What you have received is an empty threat about taking you to court.

 

You really should start your own thread.

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