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    • Hi all.   I've just cancelled my Virgin Media because my Wife and I are going abroad for 12 months or so. My Son will be staying in our home, and wishes to start a contract with them. He signed up to a great deal for New Customers online, and a Contract Agreement was signed online. He had a delivery date for a Self Installation Kit but it never arrived. After speaking to numerous Virgin Media Staff online, they are insisting that he calls their Pre Installation Team (I presume that is their sales Team to try and get more money). He doesn't want to speak to them over the phone. He doesn't mind doing a Live Chat, but he hasn't got an Account Number yet, so that's impossible. He even had a chat with a Team Member on Whatsapp, who say they don't have access to the information they need, so he has no option to call them. Why can't they just be straightforward with their Communications. Is there any other option other than calling them?   TIA.
    • Hi All, I'm looking for help with a P2G claim for another lost parcel. Given the wealth of information on this site, I'm hopeful that this should be an easy one to fix, but want to be sure I have everything. On the 6th March, I contracted with P2G to send a parcel (a £600 Pioneer AVH-Z7200DAB car stereo which is not on either P2G or EVRi's excluded from compensation or prohibited items list) using EVRi, sent it off, and that was the last I heard of it. The EVRi tracking showed that the parcel had made it to the national sorting hub at 2:12 on the 7th, and then vanished. By Friday, I had started to get nervous, and so, raised an enquiry. And then another, and another - well, they weren't responding, and I couldn't get their telephone one to work, I think in all, it was more than 15 enquiries. I also raised an investigation with P2G as well. EVRi closed the enquiry confirming a loss on the 19th March, and P2G near the end, although P2G closed it claiming that I needed to send photos of the parcel as proof - which I didn't have, and I also do not have an account with P2G so couldn't upload anything (I did test, just in case), and this is why despite receiving advice on the EVRi Fb group to send the letter before claim, I haven't yet acted. I have proof of the eBay listing, and the refund, to demonstrate that which was being sent, but P2G's insistence that I have no photographic proof of the parcel with the label - I have the photo of the goods in their box before sending, but this is for the eBay listing, and so does not show it after the fact. This I fear is what P2G will seek to rely on as a defence, hence my 10 week delay on progressing with this. But, I am more than £600 out of pocket for the loss: £600 for the item and £8.04 for the delivery fee, although my claim will actually be for an initial £611.09 to cover the cost of the loss, their delivery fee, and my 1st Class Recorded stamp for the Letter Before Claim to P2G, rising to £681.09 to cover the additional £70 cost of opening the court case if they fail to respond within 14 days. This question mark surrounding P2G's request for photographic evidence, is this likely to cause me a problem? Steve
    • Had a letter response today dated 12/6/24 from PRA Group re request for information consumer credit act 1974. Confirming they are in receipt of my CCA letter request - and that they are requesting the required information. They returned the £1 postal order. And my CCA letter. Stating that they will contact me with an update ASAP. They attached/included a standard ( non personal ) page about ' what they should provide ' and ' what happens If I don't get this information'.    I need to file my defence by 21 June 24. Any suggestions as to what that defence should be ?   
    • Thanks @dx100uk for responding promptly.    To be quite honest with you, applying for breathing space might not really help except some short term relief. I don’t want to default either as I might lose my job too and I cannot really afford it. Sorry for sounding bit stupid but is there something I can do to stop them charging interest and agree on reduced payments? Can I use pro-rata payment letters to get out of this situation without too much impact? I am working on information that @BankFodderhas requested and will be sharing it later today.  
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    • 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 
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    • 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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Hx Parking/gladstones CCJ - Exceeded 1hrs Free - McDonald's Alma Leisure Park Chesterfield CCJ issued thanks to useless parking fines ltd ***Claim Dismissed***


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!!! Update !!!

 

Hi guys 

 

Received N24 form today which confirms that default judgment be set aside.

 

Please see the attached document i need little bit advice regarding the point 5 where it says defendant file directions questionnaire by 14 days 

 

Thank you

 

 

 

 

 

 

 

n24 form.pdf

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3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yep

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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See the 1st few posts and their pdf's.

 

Dx

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Sorry to say that Is an extremely weak version of the MSE template defence document.

 

Point 3 is the only part which appears to have been added in and IMHO a defence like that without alteration wont win.

 

Its a shame the court have not allowed a new defence to be logged.

Maybe you can rescue it with a good witness statement.

 

Time will tell.

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@happyparker its unfortunate that they not offered new defence to be filed but i am preparing a good witness statement,  photo and video evidence as a proof been the car park recently to capture the vids and pics

 

@dx100uk is there anyway if i can request the court a new defence to file ?

  • I agree 1
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sorry HP

my internet is playing up

 

here is the link to the original thread

 

 

44 minutes ago, happyparker said:

Sorry to say that Is an extremely weak version of the MSE template defence document.

 

Point 3 is the only part which appears to have been added in and IMHO a defence like that without alteration wont win.

 

Its a shame the court have not allowed a new defence to be logged.

Maybe you can rescue it with a good witness statement.

 

Time will tell.

yep 

should never have filed that and the scammer from MSE charged for it too!!

 

@Digital_2012  you dont need too.

 

stop getting sidetracked by interlopers....

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Have you still got their WS for last years hearing. If so please post it up so we can have a laugh and advise you how to respond. it sounds as if they want to clobber you for more money this time round. They have more chance winning the Grand National without a horse than getting more money even if they did win which seems to be more unlikely than they think.

 

For a start their PCN does not comply with the Act so they cannot transfer the debt from the driver to you the keeper. And it is much more difficult to win when the driver is not known-they cannot assume in Law that the driver and the keeper are the same person.

 

 

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Hi guys

 

Received directions questionnaire in email

 

Here is there email

 

We act for the Claimant and have notified the Court of the Claimant’s intention to proceed with the Claim. 

 

 

 

Please find enclosed a copy of the Claimant’s completed Directions Questionnaire, which has also been filed with the Court.  

 

 

 

You will note the Claimant has elected to mediate in an attempt to settle this matter amicably, without the need for further Court intervention. Should you agree to mediation, please inform the Court who will contact both parties to arrange a mediation appointment.

 

 

 

Yours sincerely

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Thank you for posting their WS. It appears that they are pursuing you as the keeper  [re their point 19]. That is great for you as their NotIce to keeper is not compliant for two reasons. 

1] they have used the cameras recording your arrival and exit as the period of parking as required in PoFA. However the new Act clarifies that the ANPR times are not the same as the parking period which is when your car comes to rest in a parking bay which can sometimes be several minutes after arrival. Likewise the period of parking ends when you leave the parking bay not when you exit the carpark. {the fact that you might still have exceeded their time is irrelevant since it is the period of parking that is incorrect thus negating their ability to pursue you as the driver.

 

They then compound it by getting a second thing wrong

 

2] In Schedule 4 s9 [2][f] they have missed out some key words (if all the applicable conditions under this Schedule are met)

 

The sign at the entrance does not advise that there is only 1 hour parking after midnight so as not all their T&Cs are present at the entrance  there is no contract formed merely the sign offers an invitation to treat.

 

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@lookin4info i have been to the car park again and looked closely as view from a car they not even clearly visible in day time, the pcn i received was for the night and there is no way that you can see any clear instructions with naked eyes. I am pretty confident that i can prepare very strong ws with actual photographic evidence

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On 04/04/2022 at 13:16, lookinforinfo said:

Thank you for posting their WS. It appears that they are pursuing you as the keeper  [re their point 19]. That is great for you as their NotIce to keeper is not compliant for two reasons. 

1] they have used the cameras recording your arrival and exit as the period of parking as required in PoFA. However the new Act clarifies that the ANPR times are not the same as the parking period which is when your car comes to rest in a parking bay which can sometimes be several minutes after arrival. Likewise the period of parking ends when you leave the parking bay not when you exit the carpark. {the fact that you might still have exceeded their time is irrelevant since it is the period of parking that is incorrect thus negating their ability to pursue you as the driver.

 

They then compound it by getting a second thing wrong

 

2] In Schedule 4 s9 [2][f] they have missed out some key words (if all the applicable conditions under this Schedule are met)

 

The sign at the entrance does not advise that there is only 1 hour parking after midnight so as not all their T&Cs are present at the entrance  there is no contract formed merely the sign offers an invitation to treat.

 

 

that would be great if it had been mentioned in their defence, however apart from the template MSE stuff the only actual defence to this claim is that it wasn't clear signage so they cant go down the road now of denying being the driver and then it being defended as being the keeper.  So they would have to (and by the sounds of it) have a good defence on poor signage.  I had to double take but the defence said no clean signage!

Edited by happyparker
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@happyparker yes that defence prepared by Parking Fine LTD guy. Unfortunately i was not that good in reading and understanding the points of the defence.

 

Someone from MSE also pointed it out the same typo mistake in defence. 

 

Anyways now its been filed so now i have to focus on WS

Edited by Digital_2012
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  • 1 month later...

no just std court practice in a claim... an N157 which you must abide by, by doing a witness statement 14 days before the date specified.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes it says that quite clearly.

 

lots of ws's here to base yours on.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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