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    • So I make a post and ask you some questions and you then go in and make a response which deals with something completely different and which ignores the questions which I have asked completely. I do see how we can move forward on that basis
    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
    • Late to this, sorry - my wife claims contributory ESA and got her P60 about two weeks ago. Now I know she's overpaid on her tax and I'm just waiting for HMRC (the department I currently work for) to figure it out. They owe her about £150.
    • World Bank President David Malpass says billions of people will have their livelihoods affected. View the full article
    • World Bank President David Malpass says billions of people will have their livelihoods affected. View the full article
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tayman

Traffic PCN paid and refunded, leased car

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Hi,

 

I received an email from my lease company in December, advising of a PCN with the reference number to login and view/appeal/pay etc.

 

It was my son-in-law who had been driving and got stuck in a box junction.

 

He logged on and paid the £65 fine.

 

Then we received a letter from TFL that the PCN was going to be reissued to me as the lease company had provided my details. If the PCN had been paid then it would be reunded by CHEQUE.

 

No cheque was ever received, and my son in law didn't notice the money be refunded into his account - it was a few days before Christmas.

 

To be honest I forgot all about it as I assumed it was sorted.

 

I didn't get a reissued PCN, but have now received a letter saying that the fine has increased to £195.

 

I called them and was told I could submit a late appeal.

 

I guess my position is that if we have made the effort to pay the initial fine within the time period, then that is sufficient to assume that it has been paid. And is there any challenge in that their letter stated that they would refund by cheque?

 

The fact that they have to refund any payment must be some weird admin thing, to do with the party who the PCN has been issued to. Which seems daft as anyone can pay any fine, you don't need to enter any details.

 

anyone have experience of this

 

Thanks in advance.

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