Jump to content


  • Tweets

  • Posts

    • I recently bought some trainers from Sports Direct and was unhappy with them and their extortionate delivery and return postage charges. So I tweeted about being unhappy, and received a reply from someone claiming to be from Sports Direct asking me to send my order number and email address by pm, so a claim could be raised. Which I (stupidly) did. The account used Sports Direct's name and branding, and a blue tick.  The following day I received a call from "Sports Direct Customer Service", and with a Kenyan number. They asked for details of the issue, and then sent me an email with a request to install an app called Remitly. They provided me with a password to access the app. And then I saw that it had been setup for me to transfer £100, and I was asked to enter my credit card number so they could "refund" me. I told them I was uncomfortable with this (to say the least), and was just told to ring them back when I did feel comfortable doing it. Ain't never gonna happen.  I just checked my X account, and the account that sent the message asking for my details is gone. I feel like a complete idiot falling for what was a clear scam. But at least I realised before any real damage was done. So if you make a complaint about a company on social media, and you get a reply from someone claiming to be from that company and asking for personal details, tread very carefully. 
    • The good news is that their PCN does not comply with the Protection of Freedoms Act 2012  Schedule 4.. First under Section 9 (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; The PCN does not specify the parking period. AS you rightly say the ANPR times do not include driving to the parking space and then from there back to the exit. And once you include getting children in and out of cars especially if seat belts are involved the time spent parked can be a fair bit less than the ANPR times but still probably nowhere near the time you spent. But that doesn't matter -it's the fact that they failed to comply. Also they failed to ask the keeper to pay the charge.  Their failure means that they cannot now transfer the charge from the diver to the keeper . Only the driver is now liable. As long as UKPA do not know who was driving it will be difficult for them to win in Court as the Courts do not accept that the driver and the keeper are the same person. Particularly as anyone can drive any car if they have the correct insurance. It might be able to get more reasons to contest the PCN if you could get some photos of the signs. both at the entrance and inside the car park. the photos need to be legible and if there are signs that say different things from others that would also be a help.
    • Farage rails and whines about not being allowed on the BBC ... ... but pulls out at the last minute of a BBC Panorama interview special. It was denied it was anything to do with his candidates being outed as misogynists and Putin apologists, or that farage was afraid Nick Robinson might throw some difficult questions at him ... despite farages recent practice at quickly cowering in fear.   It was claimed 'it wasn't in Nigels diary'     Nigel Farage pulls out of BBC interview at last minute amid Hitler row WWW.INDEPENDENT.CO.UK ‘Panorama’ special postponed as Reform UK party faces row over candidate who claimed UK would have been ‘better off’ if it had...   Waaahhhh
    • i'd say put lowells to strict proof of where the payment came from. cant hurt to send SB letter, even if proved not. at least they get your correct address. they'd have to link the old IVA times scale to a payment  these IVA F&F pots (if thats where it came from) most mugs dont even know they are not only taking most of your payments on fees but also creaming money off to supposedly offer F&F's.  funny when the IVA fails or is complete these sums of money in F&F pots never get given back or even mentions... these IVA firm directors esp with regard to knightsbridge and creditfix were fined and struck off more times than Paul Burdell of Link Fame and still managed to continue to scam people.
    • Hi everyone, I received a charge certificate with a charge of £165  in April 2022 however I never received a PCN and NTO before that. I responded by requesting original PCN reissued in the hope of getting discounted rate which was refused however I was offered to pay £110. I received an Order of Recovery in May 2023 and submitted a witness statement on time by email to get the original PCN re-issued. I received a Notice of Enforcement in February 2024 I contacted TEC that I had submitted TE9 on time and they advised me to submit a late witness statement and TE7. I did as advised and also attached the original email and witness statement as proof to show that I had submitted my witness statement on time. The council disputed my late witness statement by saying that I likely received the PCN and that I did not submit a valid late witness statement without specifying why it's not valid. The court refused my late witness statement without giving any reasoning behind their decision (so much for the transparency). This is really outrageous as I did attach the proof of submitting the witness statement on time and it seems like the court just decided without looking at the case files. Can someone please advise me what should I do now? Any help is appreciated. I have attached all the documents below.   Documents.pdf
  • Recommended Topics

  • Our picks

    • 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
        • Like
  • Recommended Topics

Nettyg v Hsbc ***WON***


nettyg
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5545 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Just to confirm, I dont have to include a fee if my claim is for less than 1500 correct?

 

And, Should I send a breakdown of my charges to the court with my AQ?

 

Everything else is filled in and ready :)

 

Cheers

Link to post
Share on other sites

  • Replies 770
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

this may well be old information, but i thought it might be worth trotting out again..

 

without prejudice offers, also WP save as to costs, are known as a part 36 offer. for full details see: PART 36 - OFFERS TO SETTLE AND PAYMENTS INTO COURT

 

these letters can look a bit intimidating as they are hinting that we will be liable for costs.

 

this is nonsense and nothing short of bully-boy tactics.... 'A Part 36 offer or a Part 36 payment shall not have the consequences set out in this Part while the claim is being dealt with on the small claims track unless the court orders otherwise.'

.

Link to post
Share on other sites

rj

ask them if they have filed their aq - you did and you were wondering what was happening with your claim.. are you going to hear anything soon, if so, what?? etc etc... make sure they have a copy of the breakdown, even if they've got one, ask if they would like another lol

 

just emailed them. Can't get through by phone jsut get answer phone.

HSBC - Pre Lim sent 12-12-06, LBA sent 27-12-06, reissued 5-1-07. Part offer rejected 17-1-07, MCOL 19-1-07, AQ - 21-2-07. Settled

Nationwide - S.A.R. sent 13-12-06, Pre lim sent 5-1-07, LBA sent 19-1-07, MCOL 2-2-07, WON 22-2-07.

Capital One - S.A.R. sent 13-12-06, Pre lim sent 17-1-07, LBA sent. Settled

MBNA - S.A.R. sent 13-12-06, Offer rejected 19-1-07, Pre Lim 19-1-07, LBA sent, Setteled 21-2-07.

MBNA Loan PPI - Pre lim sent 19-2-10, Settled.

MBNA CC PPI - Pre lim sent 19-2-10, WON 2-7-10.

HSBC PPI - Pre lim sent 19-2-10, with Court

EGG PPI - Pre lim sent 19-2-10, FOS upheld 3-7-10

Link to post
Share on other sites

Well I sent my offer acceptance with amended conditions yesterday and spoke to them today over the phone. They have said that they will be settling this week and I can expect my cheque within 7-10 days, although they also said they send them out on Fridays.... :-|

 

I mentioned the AQ and they said not to submit it as they had accepted my offer (it is due on the 11th). Am reluctant not to submit it but can't be bothered with the hassle of it. On the up side the call they made to me is recorded as I was at work so could always send them a recording if they get dirty!!

Link to post
Share on other sites

You are right that PART 36 offers are not really applicable to small claims, however it should be noted that from the 6th April 2007 THEY WILL.

 

However, it is my opinion that this should be seen as a benefit to us claimants, as we can make a PART 36 offer to settle the claim for the full amount. If this amount is then recovered (or more) then the Defendant will be subject to cost sanctions (As I have not chance to check exactly what the amends are to the CPR i can't say exactly what those sanctions will be as yet)

 

What this means from a practical point is that from the 6th April a PART 36 offer to settle for the full amount should be sent to the Defendant immediately after the LBA is sent.

 

You will also need to check what requirements are needed for a valid PART 36 offer.

HSBC recovered bank charges in full plus contractual interest

IF.com recovered bank charges in full plus contractual interest

Marbles recovered credit card charges in full plus contractual interest

Link to post
Share on other sites

my day... well apart from feeling that my pupils (in my eyes, not at school) are bigger than my head at the mo... absolutely fine lol

probably been a bit quiet today (unnervingly so, my colleagues would say) and i'm just waiting for friday!!

how was your day lats?

If i've been helpful in any way....then tip my scales over there!

Link to post
Share on other sites

hello me mammies... :)

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

Link to post
Share on other sites

hello me mammies

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

Link to post
Share on other sites

Sorry to intrude, I started a thread regarding the AQ but was directed to this thread. i have read the whole thread from start to finish, fantastic. I have just recieved the AQ, and am a bit confused since reading this. I was all set to fill it in and send it on in a hope to speed things up, but it appears that I the best thing to do is to wait until the last minute and hope they pay up. Am I right in waiting? Also when bombarding DG with emails etc, in the meantime, am I asking them if they are going to pay up before tha AQ is submitted. I've getting to this stage of the proceeding fairly painlessly, but I am now confused at the AQ stage. Apologies if this has already been discussed but there was a lot to take in. Any help is appreciated. Thanks

Link to post
Share on other sites

wow mammie netty, your thread is quite frequented eh? teehee.. anyway.. that is because you have been very helpful around here, you and mammie lattie.. am fine, thank you.. still waiting though.. hehe.. have a nice day!!!;)

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

Link to post
Share on other sites

just popping in quickly because i'm at work... just confirmed with the courts that is your aq is due on sunday, it has to be by 4pm on the friday

cheques made payable to HMCS

catch u lata xx

If i've been helpful in any way....then tip my scales over there!

Link to post
Share on other sites

it sure is.. when i rang the court and asked if dg submitted aq, they said dg hasn't.. and that's it?! anyway...

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...