Jump to content


  • Tweets

  • Posts

    • Items for sale include five rare Ferraris and a pair of Air Jordan sneakers signed by Michael Jordan.View the full article
    • TECHZONE BUXTON LTD overview - Find and update company information - GOV.UK FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK TECHZONE BUXTON LTD - Free company information from Companies House including registered office address, filing history, accounts, annual... thread title updated. dx
    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
  • 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

New strategy for Allocation Questionnaires


BankFodder
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5052 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

If you have used the new strategy, was it successful?  

80 Caggers have voted

  1. 1. If you have used the new strategy, was it successful?

    • Yes - the draft was made into an order
    • No - standard/other directions were ordered


Recommended Posts

Thanks Gary!

 

I have decided to keep with the 14 days now after much thought. My AQ is due on the 31st March and I will be in the country till the 11th. I'll have somebody check my post and have all the stuff prepared in advance ready to be delivered if the deadline falls before my return date.

 

I'd rather not have this run for a further 2 months by requesting 28 days on each side to submit the order. I want the money sooner rather than later. Thought this was gonna be done by now :-(

Link to post
Share on other sites

  • Replies 1.3k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi , have filled in my questionaire and one problem is fees , my claim is less than £1500 , and already paid £120 fee when first applied to courts , do i have to pay another fee when sending the questionaire back ,

thanks in advance

Link to post
Share on other sites

No, there is no A/Q fee if your claim is under £1500.

  • Haha 1

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

 

 

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.

Link to post
Share on other sites

Good stuff DS, well done.:) Which court is it by the way?

 

In fact - anyone who has proposed the draft order and had it ordered by the judge, would you please let me know and tell me which court it was. Either by PM or on this thread is fine. Thanks.

 

Willesden County Court, District Judge [edit].

Barclay Card have now missed their deadline as well which was 4pm today and to be fair to them I will leave it till Monday/Tuesday and then request the Judgement. i am told by the Court Clerk that a letter would surfice.

Thanks Gary for your help, it was a nightmare getting the GM one done in 3 days, and Barclays 5 days latter due to the courts sending the directions out late. but hey ho it seems to be in my favour.

DS

Link to post
Share on other sites

Gary - I've heard back from the court today and they have sent me an invite to a "Pre Trial Review" on 7th June.

Does that mean my new strategy draft order has been declined?

Not necessarily - directions will be decided upon at the review, so you need to propose them there. It is in effect a prelim hearing.

 

Willesden County Court, District Judge ****.

Barclay Card have now missed their deadline as well which was 4pm today and to be fair to them I will leave it till Monday/Tuesday and then request the Judgement. i am told by the Court Clerk that a letter would surfice.

Thanks Gary for your help, it was a nightmare getting the GM one done in 3 days, and Barclays 5 days latter due to the courts sending the directions out late. but hey ho it seems to be in my favour.

DS

Thanks.

Gary, I have not received any emails since Whistleblower on Wednesday, is there a problem!!

Thanks

Not sure TBH - I know they made a few changes to help the server cope with the big hit after WB, thats why the avatars, etc. are off. Do you mean the subscribed threads list in your user CP? That should'nt be affected I don't think, I'll see what I can find out.

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

 

 

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.

Link to post
Share on other sites

Gary - I've heard back from the court today and they have sent me an invite to a "Pre Trial Review" on 7th June.

Does that mean my new strategy draft order has been declined?

 

Actually Will, you could write to SC&M (is your claim v Lloyds? Can't remember) and propose the directions for agreement in advance of the review. It might prompt them into settling, and if not then they just won't respond - which shows up their obstructiveness (is that a word?:confused:) to the court.

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

 

 

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.

Link to post
Share on other sites

DS, yes the emails are back on.

 

If you don't get a notification of all the ones you missed during the last 3 days, you can find updates to the threads you are subscribed to by clicking on User CP. All the threads in the box that says "New Subscribed Threads" are the ones that have had replies since you last looked at the thread.

Link to post
Share on other sites

Hi all

had a few threads on this site, however just got another letter from Cobbetts today, after we had sent the AQ to the court, our local one now, we have copied in Cobbetts on all correspondance, however they now want a copy of our schedule of costs, we sent a copy with the CRP 18 letter and a copy to the court, they also want a copy which includes the court interets at 8% - likewise they have not read the letter sent with the copies properly as they want to know what legal basis I am claiming loss of earnings, it actualy states if I have to take a day off work, I am a contractor - self employed so no work, no pay!, to go to court I will claim that days loss based on the current contract, is this legally ok? and do I have to send another breakdown of costs to cobbetts, I know its just another copy, but are they delaying again, this has been going on since november 06 -

sg51bmw

Link to post
Share on other sites

This thread is for AQ issues really, but anyway...

 

So you've sent a part 18 rebuttal letter along with a schedule of charges, yes? If so there is no need to send another one, although it would'nt do any harm I suppose.

 

Assuming we're talking small claims track here, if it turned out a court hearing was necessary in your claim (which is not exactly high on the probability scale) then you would be entitled to a maximum of £50 in respect of loss of earnings for the purpose of attending the hearing - plus a max. £50 for travel expenses. This is of course assuming you won, and it would be awarded by the judge upon judgement.

 

You cannot claim any further costs, certainly not from the outset anyway and it should not be included in any of your schedules.

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

 

 

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.

Link to post
Share on other sites

You do know that a), b) c) and d) of the order are not submitted with the AQ, don't you?

 

Or has the draft order actually been ordered by the judge in your claim?

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

 

 

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.

Link to post
Share on other sites

Assuming the judge actually makes the draft into an order, you will then have to provide -

 

a) schedule of charges and interest

b) statements showing charges

c) statement of evidence

d) cases and statutes. These can be found in the Basic Court Bundle

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

 

 

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.

Link to post
Share on other sites

I know I don't have to send this info with the allocation questionnaire, but I am just trying to prepare in advance hoping that the judge will make the draft into an order. Thanks for clarifying this for me

Link to post
Share on other sites

GaryH

 

thanks for that, sorry I know this thread is for AQ, my question was a follow on from previous AQ questions; Sent another copy of schedule of charges to cobbetts, waiting court date and preparing our court bundle I guess, great help from this site as our claim is split between me and wife it comes to nearly £9,500 inc interest, so want to get it right.

 

sg51bmw:)

Link to post
Share on other sites

If the court has ordered you to provide proof that the charges have been made, such as in clause b) of the order on page 1 (post #2) of this thread, then yes, you must do as the order says. Faliure to do so could result in your claim being struck out.

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

 

 

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.

Link to post
Share on other sites

Good afternoon all,

 

I have just been looking at the text in the following post on this thread: http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html?highlight=allocation+questionnaire#post482192, and, correct me if I'm wrong, but should imcumbent (Found in the 5th paragraph, 2nd line down within the first quoted text), be spelt i*n*cumbent instead?

 

Sorry for a non-meaningful post but I tend to make sure spelling it correct when dealing with important documents/text.

 

Many thanks,

 

James

My claim progress: http://www.consumeractiongroup.co.uk/forum/barclays-bank/45185-jharrod-barclays-1.html

Barclays

S.A.R (Subject Access Request) letter sent 10/11/06

Cheque returned and statements to follow 16/11/06

Statements received 18/11/06

Preliminary approach for repayment letter sent 20/11/06

Acknowledgement letter received 25/11/06

Letter before Action sent 08/12/06

Full and final offer (half the requested claim) received 18/12/06

Thanks but no thanks letter sent 31/12/06

** Further communication will be entered here when I find it **

Claim defence received 14/03/07

AQ, Direction of order and SG Other Info sent 29/03/07 (5 days before deadline)

NatWest

Preliminary approach for repayment letter sent 17/11/06

Acknowledgement letter received 28/11/06

Letter before Action sent 08/12/06

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...