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    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
    • I’m tempted to send a letter to the company outlining the reasons why I think their PCN is illegitimate. I guess will technically be an appeal.  Their documentation states they won’t discuss over phone, I also don’t want them to have my email address.    re signage on entrance, having looked at land registry, the whole road is private, and when you turn into the road off the highway, there is a sign on the lamppost about 20m in, again not noticeable and on the other side of the road.  I feel like I am in a difficult position with this, I understand that I may have a good chance of not having to pay, but at the same token the stress this is already causing me makes me feel like it’s not worth the £60!
    • Well done with the photo. Of course the signage is insufficient.  PPM are not interested in competent management of a car park, they are interested in catching drivers out so they can issue their PCNs. For a start, according to their trade associations' Codes of Practice, they are supposed to have signage at the entrance. Any e-mail reply from the company and whether they will/won't/can/can't get the invoice cancelled?    
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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      • 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
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      • 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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Estate Agent who backdated their signature on Sales Agreement and did ot advise on Caveat re HIP Pack 2010


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I invited a local estate agent to view my property for evaluation in early May 2010. I also invited another agent for the same purpose a week later. I invited agent (a) to revisit my home to take the listing. They backdated their signature on the Sales Agreement by nine days, without my knowledge or authorisation. My signature reflected the correct date of the Sales Agreement. The agent did not advise me that by placing my initials in a box contained within the Terms and Conditions of the HIP Pack, I was waiving my rights to the seven day "cooling off" period.

 

They said that they had me do this so that they could proceed with the HIP which was abolished six days after I had signed the Sales Agreement, leaving me liable for the cost of the HIP and their listing fees, should I change my my during that seven day period. They instructed their own conveyancing solicitors to send a questionnaire re the HIP Pack. It was dated the 18 May 2010. giving no time for me to process the paperwork and send it back to them before the HIP Packs were abolished on the 20 May, 2010.

 

Three years later, they started to pursue me for the cost of the HIP Pack. They took the matter to court. I was unaware of the action because they did not send me a copy of their Directions Questionnaire. The Judgment arrived in April 2015. There had been no demand for payment of the HIP Pack and their Listing Fees, + VAT until 2013. I have successfully had the judgment stayed. The other party did not show up in court. They have until the 31st July, 2015 to respond to the Court. After that date has elapsed, the case will be struck out.

 

They continued to list it until end 2011, when they removed it from their listings as they said that my property was too expensive, and had not negotiated a more realistic selling price. There were no negotiations during that listing period, and they had recommended the asking price! I had already reduced the price in 2010, at their request, and then relisted with them in 2011, at their suggested figure, which was £15,000 over the previous year.

 

Following the Judgment, the estate agent sent the sheriffs to me, ignoring the Court's Stay of Writ. The sheriffs advised that they would be here Stay of Writ or not. The estate agent ignored the Stay.

 

I was in a state of shock for some considerable time following the arrival of the Judgment and the sheriff's unexpected appearance.

 

None of the major relevant agencies are interested in this situation, all giving varying reasons for their lack of interest.

 

I wonder what the forum makes of this situation. I seems ludicrous to me that there is no recourse open to me, considering the amount of anguish and trouble that I have been subjected to, I should mention that I am a 74 year old lady, and feel that I have been thoroughly taken advantage of.

 

The other, obvious concern, is that as the relevant agencies are disinterested, the agent is free to continue similar practices.

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They took the matter to court. I was unaware of the action because they did not send me a copy of their Directions Questionnaire.

 

 

The Direction Questionnaire would have been way after the claim had been issued, so did you not receive the claim from the court first - this would have given you the opportunity to declare that you were intending to defend and you would have had 33 days in which to do so.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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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

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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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DQ is only issued if service is acknowledged and defence submitted CB.

 

Andy

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No, as I have already stated, although they were "sabre rattling" in 2013, I had nothing, either from the Court other than an instruction that I must fill in a Directions Questionnaire, and that I MAY/COULD download it from their site. As is usually the case, with my age group, I would have expected the DQ to arrive in the post. It did not. Had the other side sent me a copy of their Directions Questionnaire, I would have known what the DQ was. The court's terminology is highly ambiguous, not only in the Court's title "Directions Questionnaire, but the use of the ambiguous term may/could. There is an unfair assumption that my age group is able to navigate around these highly confusing and complex sites, much less understand what the form was. I filed the paperwork from the court away, waiting for the DQ to arrive, which it did not. Had the other side done what it should, it would have jogged my memory, and I would have been able to act upon it.

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DQ is only issued if service is acknowledged and defence submitted CB.

 

Andy

 

 

Sorry, yes, I forgot that.. apologies.

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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Hi suedonym responding to your PM

 

Directions Questionnaires ...which deals with the allocation of the claim are only sent if the defendant (you) acknowledges service of the claim and the submits a defence.

If as you state you never received the claim and so unaware did nothing the claimant can request default judgment...and then execute by way of the Writ.

 

When you state you stayed the judgment do you mean the judgment or the Writ?

 

I note you have since set a side the judgment (the claimant failed to attend) and at this stage have until the 31st July to respond to the set a side...otherwise the claim will be struck out.

 

In view of that then wait until that date and see if the claim is struck out....that will be one part of your problem resolved.

 

With regards to the behavior of the Estate Agent then you could deal with that separate by registering a complaint with the following body if not already....but assuming the claim is struck out you will have suffered no financial loss...just deceit.

 

http://www.tpos.co.uk/make-complaint-sales.php

 

http://www.ombudsman-services.org/property.html

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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