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    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
    • Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).
    • Paying DCA's one penny, never mind £50 per month is a mugs game, they have really been milking him as a cash cow   See where received a claim form is underlined in your post, you need to click, on that and read carefully, then answer the questions, then copy and paste into a post on this thread Forget the CAB ,  their advice is sometimes weird. Is it worth defending? Lowell brought these debts for 10 p in the pound , years ago, because they are flawed. Think about it! if it was such an easy win, Capital one could have taken it to court and crushed him.  It could be an invalid agreement, default notice, or many other things. In a nutshell , yes, and we can help you.
    • Origin moved to EA App... I know this all too well.  Reach out to Customer Services I would to see what they can do. 
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      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.

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Creda Tumble Dryer


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Please can anyone help with this.

On 26/12/05 I bought a Creda TCR2 Tumble dryer from Powerhouse, paying by credit card (£149.99). I did not take out an extended warranty.

On 7/1/07, 12 days outside the warranty, the machine is kaput in that it produces no heat, so no dry clothes.

Powerhouse is no longer in business so I emailed Creda. Their response is that "no white goods manufacturer can guarantee 100% reliability of its products" and therefore I have to pay for a repair. Creda charge £89.98 call-out to fix one fault; alternatively I can take out an extended warranty at £14.98 per month for ten months (£149.80) which has the benefit of allowing me to call them out any number of times.

I have read robbond55's thread with regard to his Creda dryer, which was older than mine, but his success was with the retailer Currys rather than the manufacturer.

Am I stuck because Powerhouse has gone out of business?

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Good news.

 

First of all, the manufacturer is correct, they are only responsible for the warranty they offer and after this time you cannot legally pursue them for anything as you don't have a direct contract with them.

 

Yes, you would normally be able to pursue the retailer under the Sale of Goods Act but as you say Powerhouse have gone out of business.

 

However, your saving grace is that you paid by credit card and the amount was over £100, therefore your credit card company are equally responsible for the faulty goods as Powerhouse would have been.

 

Write to your credit card company with copies of your invoices etc for the item. State that the item has now become faulty and you would not have expected such a fault after only 12 months. Therefore the goods do not comply with the terms of the Sale of Goods Act 1979 as they are not of satisfactory quality.

 

State that the retailer where you bought the goods has gone out of business and therefore you have no alternative but to pursue them (the credit card company) for the costs of a repair or replacement item (normally whichever is cheaper) under Section 75 of the Consumer Credit Act 1974 which makes them equally liable for the faulty goods.

 

Give them a reasonable date by which to respond and keep a copy.

 

Good luck.

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Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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  • 1 month later...

:) SUCCESS!! Many thanks to rosiecotton for advice.

Because of inclement weather I couldn't wait for the credit card company to get their act together, so I had the dryer repaired on 24/1/07 by an independent engineer who I contacted via UK Whitegoods. The repair cost £79.32 ( thermostat kaput).

Then I contacted the card company, Goldfish, spoke to a very helpful lady and on 2/2/07 emailed them a copy of the invoice.

Today I got a letter from Goldfish accepting the claim; they will credit the cost of repair to my account.

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