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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 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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Tanzarelli V's Lloyds TSB ********WON*****


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Indeed! Very appropriate analogy.:D

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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 2 weeks later...
Oh forgot to mention AQ due in no later than 15 Feb 07. Gonna whack the draft order to it and happy days.

 

Got that AQ in yet Tanz?

Any news?

 

Pondfish

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

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AQ sent today including draft order and new section G wording. Due 15th but sent 1st class rec delivery so should get there. Will track and trace it on 15th if not delivered will take copy in.

 

SC&M's will be sent normal post just as gesture of (whats to come) goodwill.

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Finally managed to get track and trace website to work and it says my AQ was delivered on 16th Feb, prob is it was due 15th Feb. It took three days to deliver it to my local court 1st class rec del. Oh well the banks are always late and get away with it so will phone the court tomorrow to speak to someone.

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That'll be fine, Tanz. The AQ deadline is'nt as strict as others - there's no 'default' as such in exceeding it. One day won't matter one bit.

  • Haha 1

Please remember to DONATE! Help CAG keep up the fight!

 

 

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Least it's been delivered now, so another hoop negotiated Tanz! :)

 

Pondy

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

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Right just spoke to the court re my AQ just to check it was ok. They said fine it was added to the system on 16th so not a problem, the bloke said when we recieve the AQ from the other party we will issue a court date. I asked him if they had the same date as me and he said yes, I asked have you still not recieved it, he said no. Slacking LTSB, if your reading this, PULL YOUR FINGER OUT.

 

Tanz

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Surpising, they are usually so efficient ;)

 

Glad all is well!

 

Pondy

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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  • 2 weeks later...

Hi Tanz!

 

i'm surprised at the court date of 18th May. Is that the sort of timescale you were expecting? I haven't read up too much on the later stages, as i'm still a little behind your stage.

 

Don't leave that court bundle till the last minute will you? ;)

 

I'm not sure about the significance of the judge signing the draft order? maybe you could explain it to the simple Pondfish :confused:

 

Still at least you have a date now - that winning post is in sight! :D

 

Pondy

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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Hi Tanz!

 

i'm surprised at the court date of 18th May. Is that the sort of timescale you were expecting? I haven't read up too much on the later stages, as i'm still a little behind your stage.

 

Don't leave that court bundle till the last minute will you? ;)

 

I'm not sure about the significance of the judge signing the draft order? maybe you could explain it to the simple Pondfish :confused:

 

Still at least you have a date now - that winning post is in sight! :D

 

Pondy

 

I used the Darft Order for Directions in the New Strategy for AQ thread post #2.

 

See here: http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

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Bugger. That is a long way off mate!

 

I have used the draft order with mine - heard nowt yet though. Fingers crossed if it gets pushed back that far. What court you in?

13th Nov 2006 - Preliminary Letter delivered to branch

30th Nov 2006 - LBA - deliverered to branch

30th Nov 2006 - Standard 'we are looking into this letter'

15th Dec 2006 - SAR delivered to branch to demand six years statements (currently pursuing 5 years)

19th Dec 2006 -750 Pounds offered as settlement. Accepted as PART settlement 20th Dec 2006.

Filed with MCOL online - Notice of issue from 17th Jan 2007.

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Bugger. That is a long way off mate!

 

I have used the draft order with mine - heard nowt yet though. Fingers crossed if it gets pushed back that far. What court you in?

 

Sunny Worcester.

 

Not in a rush for the money with this one as had most of it from them already but £300 quid is £300.

 

Tanz

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Hi Tanz,

 

Just popped over to see if there is any news?

 

Saw your post on my thread, good to hear from you!

Thought i'd get my AQ in without the last minute rush ;) (Which is an all time first for Pondy who will probably be late for his own funeral LOL.) :)

 

You seem to have been a bit quite recently -Busy huh?

 

Thought you might like this little gem on Photoman's thread. Have a read of Post #162 it's a cracker!

http://www.consumeractiongroup.co.uk/forum/post-608151.html

 

Pondy

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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Yes have been busy with work mainly and the bank stuff but been flicking between here and another forum site, just to see it from another site really. I have seen that post on PM's thread its good, made me laugh anyway.

 

Hows your claim going??

 

Tanz

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Hi Tanz,

Yeah work does have a habit of getting in the way:(

 

My claims going OK i guess.

 

i used the draft order as you know, so i'll have to see how it's recieved by the Judges down here ;)

 

By the way what happened to Bill-K? Haven't heard from him in a while and heard mention of an arguement? :(

 

Pondy :)

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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Speak of the devil....and he shall appear !!

:D

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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