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    • it is also unlawful to change the ownership of a vehicle [or goods] to avoid enforcement action upon them. and this was done after you had already replied to the council regarding the outstanding ticket(s).   be careful upon pursuing a resolution arguing this point.   you could have quite easily changed ownership to gain a parking permit some months previously when getting the first windscreen ticket.              
    • I would start off by sending the bank an SAR. Which bank is it?
    • I agree with you DX100, but N/W don't want to play ball and send a copy of the agreement after 3 requests.  How will this stand if it goes to Court?
    • Sorry if this is in the wrong section as not sure where exactly its best suited.   So, we got the bank statement the other day & noticed 23 separate Xbox in game credit debits for Fortnite for £7.99 each over a 4 week period.  Now the daughter insists she didn't order anything.  And whilst most will say "of cause she would and just denying it etc" well, I'm not going to say I believe her even though I'm assuming using real cash to buy in game credit comes with a clear notification that your using real money (and stating the amount each time) to buy such in game credit.  And whilst I still need to check the Xbox security settings to see if as I think I did, I did set a security pin for purchases a few things are puzzling me on a legal footing and that mainly what I want to ask about.   As the bank statement indicates the card in question is an old card I had replaced and cancelled a while ago, about the time these transactions started.  When I ordered the new replacement I asked for the previous card to be cancelled.  2 weeks later I had to report the replacement card stolen\lost abroad and ordering another again asking for that card to be cancelled to prevent unauthorized use and money being taken from the bank account.   So, in the first instance I've already contacted the bank to enquire how and why they have allowed payments from an old debit card I had replaced and cancelled?.  They suggest that the card was never cancelled when the replacement was ordered and that the old card would remain valid until the expire date in a couple of years time!!!.  I asked them how on earth this can be the case as the replacement card has a completely different number and ordering the replacement should trigger (as per my request) cancellation and usage of said card.  The bank is suggesting otherwise as because the card was valid when setting up Xbox live that the card can always be used even if replaced regardless of reason it was replaced or if we cancelled the card.  They justified this action by saying the payments are continuous payments (similar to direct debit) and that's why they went through and referred me to Microsoft.   I pushed the issue and said they are not continuous payments but single individual 1 off payments that by nature (in game credit) and the number of payments (23 x £7.99) they could never claim them to have been continuous payments as a pre existing agreement for such payments for the game in question would have to exist and have existed when the card was valid which it doesn't.  And therefore these payments should not have been made because they are neither continuous payments and come from an old debit card that was replaced and cancelled.  The bank sort of agreed that these payments maybe are not continuous payments yet are now unsure where I stand.  So I have been referred to there disputes department.   Feeling I'm going to get the same run around on the rights over taking payments from an old replaced card that was supposed to be cancelled, I'm wanting to know what members think on a legal footing?.  As its like the bank saying I can use the same old & replaced debit card details to order items online because its still in date even if replaced & cancelled which I find highly unlikely!.
    • Update: PE has since sent their defence in the post, quite a few pages, but nothing stands out as unexpected/tricky or beyond some of what I've seen in other standard defenses from them (at least based on a quick glance, going to make time to read it in more detail and prepare a response during xmas hols).
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Without going into the full scale of the problem my daughter contracted a bathroom fitter to replace her tiny bathroom. Two weeks on, and two men the bathroom is only half completed and it is a right shambles..from the tiling, leaking toilet which is also coming off the wall, leaking sink which has flooded the new units and ruined them, and also the new flooring, damage to the shower profiles so that the shower cubicle will not fit...the plumbing is all wrong, plus exensive damage to areas of her property. There is a long extensive list of problems.

 

She asked him to stop work a week ago and has managed to get three quotes to re-do the work. Each new plumber has stated how appalling the work is and it all has to be started again, with the tiles taken off and taken back to the basic plumbing.

 

Meanwhile, he sent her an invoice - by hand on the Monday, and initiated court proceedings on the Wednesday two days later without any discussion regarding the remedial works.

 

Firstly, I understand that a business cannot issue proceeding against an individual until they have followed the new Pre Action Protocol (PAP) which came into being on the 1st October 2017, which is quite a lengthy list and the first one is giving the debtor at least 30 days to discuss the debt.

 

Secondly, and a bit more importantly, he has started the action in his personal christian name and not the name of his business. She had a contract with his business, not him personally...surely this is wrong and would fail in court?

 

She is trying to get an appointment with a Solicitor who deals in civil matters but it is proving difficult .

 

If anyone could enlighten her on the two question/issues I have posed, that would be most helpful. Thanks

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She won't need a solicitor. She can do it herself. She's worried about it all then she should have a look at how making a familiarisation visit guide.

 

Please will you post up the claim form here in PDF format.

 

She should start making a detailed note of everything that has happened.

 

Make a detailed statement about how the work was commissioned in what was agreed.

 

Make a detailed statement of how the work was conducted including dates and times of attendance by the plumbers.

 

Make a detailed statement about everything that has gone wrong and the condition of the bathroom now. Lots of photographs.

 

Get written opinions/quotations from the people who have already seen it and have said how bad it is. Ask those people if they would be prepared to give evidence in court. You may need to pay them a fee for this but assuming that you win, the fee will be paid by the losing side.

 

It doesn't matter what name the guy is suing in. It's just a technicality so don't get hung up about it. He certainly should have followed the pre-action protocol and doesn't appear to have done so. This is not fatal but it is worth referring to in your defence.

 

Start making statements that I have suggested and also post up the claim.

 

Don't get involved in any phone calls but if you do then make sure that you have read our customer services guide first and implemented the advice there.


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Thanks. Everything you have listed that she should do, she has already done, Photos, quotes, invoices for new tiles and other materials.

 

She has done the statement etc., of which he has a copy.

 

She has not been able to live at home for the past several weeks now as the contract was for him to do both the kitchen and bathroom. He ripped out the kitchen along with the bathroom so she has no living facilities. Just a washing up bowl and cold water from outside tap, and takeaway meals.

 

Her company has paid for accommodation to get her away at the weekend as she is so distressed as the builder/plumber/Mr cowboy has been threatening her and she is afraid to go home. Her company is willing to pay for the solicitor if she can manage to get one. I spoke to the police and they asked her to call them if he contacts her in a threatening matter again.

 

I have also had abusive text messages from him when I asked him to leave her alone. The police said to save all messages which we both have done.

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Please post up the claim form in PDF format.


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I don't have the claim form, it is with my daughter.

 

I can ask her for it but at the same time, I cannot scan it as I have no scanner, unfortunately. How will the claim form help?

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If you simply want to go to a solicitor then you should find one and you won't need any help from us

 

In fact you might end up getting conflicting help and that will simply cause problems

 

If you want help from us then you will have to post up the claim form so that we can help you for a reply

 

If you go to a solicitor then they will also want to see the claim form

 

Do you think you are likely to ask the solicitor why they would want to see it?


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If you simply want to go to a solicitor then you should find one and you won't need any help from us

 

In fact you might end up getting conflicting help and that will simply cause problems

 

If you want help from us then you will have to post up the claim form so that we can help you for a reply

 

If you go to a solicitor then they will also want to see the claim form

 

Do you think you are likely to ask the solicitor why they would want to see it?

 

I do appreciate your advice and I did explain that I don't personally at this time have the claim form. I further explained that I have no scanner so if I did have the claim form I would simply be unable to scan and post it - hence I asked why you needed to see the actual claim form. In other words, is there something I can describe from the claim form that would help with my query. I am not being difficult or unwilling to upload, simply cannot.

 

If my daughter goes to a solicitor then she would have no need to ask why he needed it, she can simply give it to him - different scenario as she would not need to scan and upload to a solicitor.

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If a solicitor is being paid for then she should go and use that advice

we are happy to help and advice is completely free but the people who come to us to at least need to have the basic equipment necessary to let us look at documents

Do let us know how it goes


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Momma, you can take photos of documents with a mobile phone and then convert them to pdf documents. Our upload guide has details.

 

 

HB


Illegitimi non carborundum

 

 

 

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Momma, you can take photos of documents with a mobile phone and then convert them to pdf documents. Our upload guide has details.

 

 

HB

 

Hi Honeybee, I am sure that people with smart phones and the correct software could do this. I don't have that sort of phone.

 

Thanks for all the replies and help anyway. :-D

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