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    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
    • you still got that spreadsheet I did for you?   dx  
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epman

Wizzair flight delay compensation due to technical fault

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Hello everyone,

On Tuesday 16th I had flight from Lviv to Luton and it was delayed 12 hours due to a crack on one of the tyre. They had to get other tyre from Kiev which arrived after 6 hours and then another 6 hours to repair. It seems like technical fault but today I sent them claim through their website and it is refused. They said:

 

Thank you for contacting Wizz Air Customer Service Department. 

We are sorry to hear about this unfortunate situation, and after thoroughly investigating your case we confirm that flight  LWO-LTN  on the 16th of July 2019 was delayed due to unexpected circumstances, which were beyond our control.

This, as per the European Regulations 261/2004 falls into the category of Extraordinary Circumstances, therefore, we regret to inform you that no compensation is due.

“(14) As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.”

as per the European Regulations 261/2004:

“An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken." 

Should you have any further questions, we will be delighted to answer them.

 

 

 

Any suggestions or any help?

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This is nonsense.  But you may need to take them to court before they settle.   Plenty of UK and European case law that technical problems like this are not "extraordinary circumstances" and the Montreal Convention is a big red herring!  Shameful behaviour.

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Thank you for your reply. I am agree with you. With this type of behaviour, yes I will go ahead with it. Do you recommend if I just go through an agency and pay 25% cost to them and let them do all the work? 

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No, do it yourself. 

Send them a reply explaining that a defective tyre is not classed as extraordinary circumstances because if they had carried out due and diligent maintenance,  they would have avoided the situation. 

Give them 14 days to pay you compensation accordingly to the table of European Regulations 261/2004.

Once they don't pay, issue a lba and give another 14 days. At this point most likely they will pay.

Make sure you send all correspondence via recorded delivery as well as email, so they can't claim of knowing nothing about it. 

Get their uk address from companies house.

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WIZZ AIR UK LIMITED

 

Company number 10982241

 

Registered office address
Main Terminal Building, London Luton Airport, Luton, United Kingdom, LU2 9LY

 

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Thank you so much. I think I will follow them through email so I keep all the records. I will keep you updated with the progress. 

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Some judges don't like proceedings run via email,  that's why I suggested to follow up the email with a recorded delivery copy.

At the end of the email you could put: "this communication has also been sent via Royal mail recorded delivery (123467985457gb)" or something similar in the letter, accordingly to what you send first.

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Hi guys, 

Sorry for my late reply. Today I have received second no answer from the Wizz air. They said, 

 

Thank you for using our Resolver platform. 

Please be kindly informed that we have re-investigated your case and the information provided in our correspondence. 

With all the respect due, we have to inform you that our position on the matter remains unchanged. 

Should you have any further questions or comments, please do not hesitate to contact us at your earliest convenience, as we would be more than happy to assist you.

Have a lovely day ahead. 

Kind Regards, 


 

How do I proceed now. Any suggestions would be appreciated. Thanks 

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Posted (edited)

I doubt this will do it, but no harm in giving it a whirl.  You’ll probably have to initiate legal proceedings before they take you seriously.

 

If they don’t budge from a LBA, and you don’t fancy the hassle of starting a legal claim (which will take many months to come to court and for which you’ll need to pay a fee), I see Wizzair subscribe to a dispute resolution service, which should be quicker and cheaper for you.  It’s ADR Resolution in this case.  If you don’t get the result you’re after, you can still take them to court.  

Edited by Vauban

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