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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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Whirlpool dryer recall: Claim from your card provider


Michael Browne
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Are you one of the four million Whirlpool tumble dryer owners, sold under the Hotpoint, Indesit and Creda brands, which have been affected by a fault which can cause fires?

 

Are you still waiting for a repair, nearly a year after Whirlpool issued a safety notice?

 

Are you still using it despite London Fire Brigade reccomending customers to stop using them immediately?

 

Well, now a decision by the Ombudsman means that you may be able to obtain a refund from your credit card provider.

 

Unwilling to accept a fire hazard in his home for almost 12 months, one consumer took his case to the Financial Ombudsman Service (FOS), which has now ruled Nationwide must pay up.

 

 

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Hello all, I am 'lucky' enough to own a Hotpoint dryer in the affected range. Hotpoint are being awkward at the moment, they did offer a 'collect it yourself' condensing dryer from Currys for £49 but that offer has now been withdrawn and replaced by a deliver for around £95, I complained to Hotpoint and got a cheque for £25 towards the extra cost, I have not yet changed the dryer, but I am not using it. Being a 'competent and appropriately trained person' I took a look in the back of the dryer where the heater is, expecting to find a build up of fluff on the heater, their was non at all. Having said that their are only 2 of us in the house and the dryer is only used in bad weather. On BBC morning news in the beginning of October 2016, an item on the dryers was broadcast suggesting thet the fix Hotpoint proposes is inadequate and the dryers remain unsafe, so doubt has arisen over the efficay of the process used to make the dryer 'safe'. My advice is to go for the credit card company' if you used a card' and re claim that way as the dryer was not fit for purpose when it was sold to you new, or if you did not use a credit card go back to the retailer with the till receipt. They cannot claim that you brought it a long time ago and you have had your wear out of it, because at the time of sale it was not suitable for sale to the public. Whatever you decide, do it quickly as I see Hopoint etc going into liquidation over this issue to avoid payouts. Good luck

Edited by Vicechairvillagehall
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  • 4 months later...

I have an indesit one, I've registered it with them for the repair... but been told that could take up to 12 months to happen... the only thing they've done is try to con me into paying for a new one at a discounted price.

 

I can't claim anything back because it was a house warming gift from my uncle, who has since passed away. He purchased it in 2013 from a shop near him in Liverpool (I live 180 miles further South).

 

I'm stuck with either having to pay out a further £99 for a replacement or having no tumble dryer at all until it's repaired... and my trust in anything from this company is now zero... they knew about this fault for years and did nothing, and are still doing nothing and nothing is being done about it... The fact that people could be killed by these dangerous products is of little importance and there seems to be zero accountability for companies who sell lethal products.

 

Any advice on the matter would be appreciated... and kinda shocked that there is very little info on this site regarding them and what you can do about it.

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  • 4 weeks later...

I told them I was going to speak to my MP about this disgrace, about the way they've handled it and the way they are trying to con people out of more money for a replacement for the lethal product they sold for more than a decade.

 

Low and behold... mine was repaired very quickly indeed. I saw exactly what the engineer did and if you never clean out your dryer more than every few months... you're at risk. Clean the filter every time you use it and the condensor every month... When he removed the back panel on mine to check if any fluff had gotten in... not a speck had gotten past.

 

I have used it twice since then... but I'm still reluctant and I make sure my smoke alarm is working, I'm also fitting another smoke alarm in that room.... I also close the door to the utility room and will be fitting a fire door there when I do the kitchen next year.

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