Jump to content


  • Tweets

  • Posts

    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
    • A shortage of drivers has disrupted supply chains and fuel deliveries, with vehicles queuing for petrol.View the full article
    • Hannah Peel wore a sustainable dress to the Mercury Awards - but is the fashion industry changing?View the full article
    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
  • Recommended Topics

  • Our picks

  • Recommended Topics

Bookings.com--- Beware


scaniaman
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1812 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I recently had problems with a B&B booked through Bookings.com. The accommodation was paid up front to Bookings.com.

Once back home I complained to the company, who initially were most apologetic but informed me they had nothing to do with my complaint as they only act as intermediaries. They advised I take the matter up with the accommodation owners. The internet advert on Bookings site was misleading and just plain wrong.

It is my understanding that once money changes hands that a contract is said to exist. This is between buyer and person /s who originally receives the money.

Although bookings.com are HQ in Netherlands, they have an office in England, so I maintain that they are subject to SOGA & Consumer Protection Rules. They don't even think I am allowed to try & sue them in a Small Claims Court. In other words, like a well known major cut price retailer, they think they are not subject to UK law.

They have now stopped corresponding and say the matter is now closed. Even although I said we are waiting for medical evidence.

Link to post
Share on other sites

Thread moved to the appropriate forum.

 

What exactly was the complaint scaniaman...medical evidence ?

 

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 OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Wife has heart condition which restricts movement. We needed overnight accommodation and browsed the net. Booking .com were advertising a bungalow which did B&B in the area we wanted to facilitate attending the funeral of a dear friend the next day.

 

Arrived at bungalow approx. 5pm only to find this "Bungalow" had been converted and our room was up a very steep stair. Each time wife climbed this stair she had to rest for a while to recover. She had to ascend and descend this stair side ways. Next morning she complained of a pain in her hip and as the day went on it worsened to the point where by night she could hardly walk. We came home after the funeral.

 

Next morning things were worse and she had to hold onto furniture to reach the bathroom etc so we went to see the GP. She referred us to the local hospital for x-ray. as there was considerable swelling in the hip.

It was the GP's opinion that climbing this steep stair had caused this condition. She also said this could take several weeks to clear up even if x-ray showed no further damage.

 

Bookings.com offered a paltry €25 in compensation which I refused pending the results of the x-ray. Because I would not accept this offer immediately they have since withdrawn it, and as far as they are concerned the matter is now closed.

 

They tried to make me take the matter up with the bungalow's proprietor but I said my contract was with them as they had taken my money.

 

Because of their attitude I would like to take them to the small claims court but don't know how to go about it.

Edited by honeybee13
Paras.
Link to post
Share on other sites

I'm not sure there is much of a case here and based on the information to date.

 

What exactly did the bungalow advertisement say? Did it specifically state that there were no stairs?

Link to post
Share on other sites

A proper bungalow has all rooms at ground level. Some, as in this case, have been converted to have rooms at a higher level, which involves stairs of some kind.

Some designs of bungalow have loft space and there is usually a small window incorporated as part the roof .

In this instance, the stair was very steep.

The majority opinion of a bungalow is a house all on ground level.

Link to post
Share on other sites

Sorry to learn you have a problem comprehending the English language.

why the jip!

things cant be considered without knowing the fuller facts (in this case what specifically did the ad say, as that may form part of the basis for any claim). just like if someone went to a lawyer, the lawyer wld want to know everything.

nothing particular to you scaniaman. it just seems that posters are after advice without helping those trying to help.

just answer the question(s), post up full details, and then see.

IMO

:-):rant:

 

Link to post
Share on other sites

'Because of their attitude I would like to take them to the small claims court but don't know how to go about it'.

 

A perfect reason for court action.

 

1. Scope of our Service

 

Through the Platform, we (Booking.com B.V. and its affiliate (distribution) partners) provide an online platform through which Suppliers can advertise their products and service for reservation, and through which visitors of the Platform can make such reservations (i.e. the reservation service). By making a reservation through Booking.com, you enter into a direct (legally binding) contractual relationship with the Supplier with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your reservation, we act solely as an intermediary between you and the Supplier, transmitting the details of your reservation to the relevant Supplier(s) and sending you a confirmation email for and on behalf of the Supplier.

 

When rendering our Service, the information that we disclose is based on the information provided to us by Suppliers. As such, the Suppliers are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our Platform. Although we will use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Supplier remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Supplier (or its facilities, venue, products or services) made available.

 

Our Service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.

 

Seems clear to me, in English.

 

I've used them for years, never a hitch.

 

H

42 years at the pointy end of the motor trade. :eek:

Link to post
Share on other sites

Please lets keep to topic and civil chaps..after all our advice is free...anyway should you decide to litigate scania.......most probably the first question asked by most judges would be " did you ask if it was suitable for your wife " irrespective of it being advertised as a " Bungalow "

 

If you can get around that question with a suitable acceptable response there may be merit in any claim considered

 

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 OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Do you have a copy of the original advert? That should show the type of accommodation. Keep a screenshot or print as they may amend it.

 

 

I've had trouble with them before as a hotel I booked with them in the Netherlands a few years had no record of my booking. Luckily the hotel still had rooms but after their "so what?" response I will never use them again.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...