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    • Hi LFI, With regard to the ANPR cameras in your post #65, while I was on the phone to the Planning Department, they did take a look at Google Streetview and went back to 2012 where they could see the ANPR cameras in place so therefore they would have deemed consent. I had previously read the T&C Planning Regulations and had read the section on deemed consent so I understood the point they made on the phone. It doesn't matter though, that doesn't harm my case any, and I shouldn't really mention this now, but in the past I was a member of a scheme that gave me access to legal advice, I have spoken to a barrister previously through this scheme on another matter and I think I am still a member. I am going to check and if I still am,  I am going to discuss my case with a barrister or solicitor, whichever the scheme deems appropriate. I will let you know the outcome. I am also going to take Bankfodders advice in the sticky and go to the local court and ask if I can sit in on a case in the Judges office.
    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx Yes sorry. they called it a deed at first in court.  Then Judge said she was happy to have it sealed as something else  exact names of orders in message above.     The disease was tested for when his cardiac testing was done immediately after purchase and part of the now sealed case.   However, results were disclosed incorrectly and I only found out  two days ago.   This disease did not form part of my knowledge during the case as I had been informed of a normal result that was not the case.   it is perfect clarity of a genetic disease where as the previous cardiac issue could be congenital until the pup is genetically tested. 
    • Hi, Halifax recently sold a credit card account of mine to Cabot. I am unemployed and have no assets and was thinking of making token £1 payments for 12-18 months in order to drag things out a bit and reduce the chance of Cabot being able to get the correct CCA documents from Halifax if I requested them in future. However, I saw on the pages on this forum about defending county court claims that one of the standard approaches when defending such claims is to say “I had an account with bank X, but I don’t remember the details and so don’t know if I owe this debt…”. If I made £1 payments to Cabot, would it prevent me from using such a defence in future? OC: Halifax DC: Cabot/Wescot Card account opened: 2016 Defaulted: 2023
    • Paperwork says sealed consent order and composite settlement agreement      YES  ADDISONS DISEASE 
    • Hi, This may be the wrong place for a thread BUT If you receive a defence, can you send a CPR 31.14 request for document mentioned in the defence, and then apply to proceed with the case only after (14) days passed or they respond OR is it only if you receive a claim I see @dx100uk thread is for when you receive a claim, but can you also do the same when you receive a defence?
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    • If you are buying a used car – you need to read this survival guide.
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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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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

Received offer today £100 below actual figure


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make sure you follow the step by steps instructions: access them through this link:Newcomer? Here's A User Guide

 

be sure to allow 14 days from the prelim letter to the lba, then 14 days before you actually file your claim. you may want to do all three at the same time to save on court filing costs - you can do this if the total of the claim is less the £5000.

so, you may want to make sure you've got all three at the same stage then file together. also, you should send a letter rejecting that offer - or accepting is as a partial. letter template is in the section just below the library templates.

good luck with your claim(s)

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rakibear, read here:

post_old.gifStep-By-Step Instructions

start with step 5, what happens after you send you lba.

the mcol is very easy to follow. as long as you have sent the prelim, and lba with 14 days between, you are ready for step 5 and onwards. do, send a letter as it says in step 5 c. you can revise your breakdown up to this point (before you actually claim) but after that, it would cost. so add the further charge on, with a polite paragraph in your rejection of settlement letter.

have you considered what i said about putting all three together - or does that not work out?

 

my instincts tell me you are trying to move too fast. why not take a deep breathe - start with the faqs and read them a couple of times. it really makes the whole process less formidable. we have all been there. you want money back quickly - it doesn't work that way. settle back with a cup of tea - do some reading and plan your strategy - one claim or three, you could easily catch the other two up by writing your prelims. first and foremost - make sure you have all your charges from all the accts. you are considering and see how you stand on totals. to me, if you have three accts and they total less than 5000, why spend 120+120+120 to file them separately. don't worry that the lba 14 days has passed, that is a minimum, not a maximum no. of days. hope this has helped clear your mind a little. get back if you need more help.

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out of curiosity, what is the total of the 3 claims and what is the total of the offer.

yes, you send this letter - tweaking it to your claim Rejection of settlement offer

and then, i'm still a little confused - have you sent an lba for all three claims? if not - you must still send it for the ones you haven't sent one for yet to catch the other 2 up to the third. then if your total is under 5000, when at least 14 days has passed on all three claims, go ahead and file your mcol. it's all there in the step by step instructions, the mcol is very easy to do although you may find if you are filing all three together that your particulars will be a bit tough to squeeze in as all three accts. will need to be listed. i'm sure it can be done. let's see about the totals and getting all 3 to the same point.

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sounds like you are in control.

you can see, with reading so many, you start to get a feel for what's up and my instincts just couldn't get a grip on yours - i feel much better now. total of all three under 5K so, keep them together, offer WAY too low, so yes, send a rejection for them all. if you had already let 14 days passs since the lba - you needn't give them 7 more days - but it won't hurt anything - they sometimes offer at this level to see how serious you are. if you are in it for the long haul (not a quick cash fix) and i'm sure you are now - just keep it going and you will get there.

at the mcol stage - you go back to the spreadsheet and assign the date you will be filing and it will work out the 8% based on how many days have passed since each individual charge - the s/s does all the work - you just enter the dates/names of each charge like before and it is worked out for you. while you are waiting for the 7 days to pass - go ahead and register on the mcol site, use hsbc main address, canada sq, on all your statements, work your way to the particulars, try playing with them, look at this:5. Money Claim On-Line (MCOL) Particulars of Claim and start seeing if you will be able to fit them into the limited space. if you absolutely can not - you will need to file at the court and use the N1 form - more info in the steps at the top. but the mcol is so smooth an experience - try it first. i can pm you my partics. if it helps. let me know.

playing around with them is your best bet - just don't pay and sumbit until the time has come to file.

 

one more thot: if you want to add any more charges on, this is the last time you can do that before having to pay to alter your claim.

so, if you've one or two to add, just add them on and call it your revised breakdown, you could send a copy to whomever you sent that 7 day letter to and say - please note the addition of further charge(s), which i will be adding to my court claim.

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