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    • Hi everyone,  out of the blue my husband yesterday received a call from the employee who lost the key the first time and asked to settle the bill plus court costs. Apparently the boss said that if he didn't pay he would be sacked. My husband asked for this in writing,  got it and payment followed. So we discontinued the claim and marked as settled. Apparently the employee who lost the keys the second time is paying for the other carpenter's bill plus court fees because he'd started court proceedings as well. So, all is solved. Thanks everyone!
    • With thanks. Updated defence.  The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is noted. I have in the past had financial dealings with Halifax PLC part of the Lloyds Group of Companies but do not recognise the specific account number referred to by Claimant and on which its claim relies. To enable clarification a sec78 request pursuant to the CCA1974 was made dated 11 May 2024. The Claimant provided various documents which appear to be incomplete with page numbers missing and incomplete Terms and Conditions. If this is a copy of the original agreement it appears to be unexecuted by the original creditor. 2. Paragraph 2 is noted. I do not recall receipt of a Default Notice which the Claimant refers to within its Particulars of Claim and on which its claim relies. A CPR 31.14 request was made dated 11 May 2024. To date the Claimant has not provided a copy. 3. Paragraph 3 is noted. Although I had not recalled a copy of the Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) I requested a further copy from the claimant which has since been provided in response to the CPR 31.14 request dated 11 May 2024. 4. Paragraph 4 is noted. It is denied with regards to the Defendant owing any monies to the Claimant, and the Claimant is put to strict proof to: (a) Show how the Defendant has entered into an agreement. (b) Show the nature of the breach and evidence by way of a Default Notice Pursuant to s.87(1) of the Consumer Credit Act 1974. 5. As per Civil Procedure 16.5 it is expected that the Claimant prove the allegation that the money is owed. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.
    • "Testing the stability" ? I suspect the Tesla Map would have picked up that the car was being driven in a car park and the default safety settings required a shut down. Reassuring that Tesla have public safety built in, to try to stop drivers driving in a way that may be risky.
    • Wonder if your friends insurance premiums will be affected?  
    • A friends Tesla shut down for 10 minutes after he was 'testing the stability' in a car park and the info screen reported to him that the vehicle would shut down as it was been driven 'in a dangerous manner' or something similar. He had to sit and wait for it to start again.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Funny Letter :)


Ian Appleby
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Dear Sir:

I am writing to thank you for bouncing the cheque with which I endeavoured to pay my plumber last month. By my calculations some three nanoseconds must have elapsed between his presenting the cheque, and the arrival in my account of the funds needed to honour it. I refer, of course, to the automatic monthly deposit of my entire salary, an arrangement which, I admit, has only been in place for eight years.

You are to be commended for seizing that brief window of opportunity, and also for debiting my account with £25.00 by way of penalty for the inconvenience I caused your bank. My thankfulness springs from the manner in which this incident has caused me to rethink my errant financial ways.

You have set me on the path of fiscal righteousness. No more will our relationship be blighted by these unpleasant incidents, for I am restructuring my affairs in 2007, taking as my model the procedures, attitudes and conduct of your very bank.

I can think of no greater compliment, and I know you will be excited and proud to hear it. To this end, please be advised about the following: First, I have noticed that whereas I personally attend to your telephone calls and letters, when I try to contact you I am confronted by the impersonal, ever-changing, prerecorded, faceless entity, which your bank has become. From now on I, like you, choose only to deal with a flesh and blood person. My mortgage and loan repayments will, therefore and hereafter, no longer be automatic, but will arrive at your bank, by cheque, addressed personally and confidentially to an employee of your branch, whom you must nominate. You will be aware that it is an offence under the Postal Act for any other person to open such an envelope. Please find attached an Application Contact Status, which I require your chosen employee to complete. I am sorry it runs to eight pages, but in order that I know as much about him or her as your bank knows about me, there is no alternative.

Please note that all copies of his or her medical history must be countersigned by a Justice of the Peace, and that the mandatory details of his/her financial situation (income, debts, assets and liabilities) must be accompanied by documented proof.

In due course, I will issue your employee with a PIN number, which he/she must quote in all dealings with me. I regret that it cannot be shorter than 28 digits but, again, I have modelled it on the number of button presses required to access my account balance on your phone bank service. As they say, imitation is the sincerest form of flattery. Let me level the playing field even further by introducing you to my new telephone system, which you will notice, is very much like yours. My Authorised Contact at your bank, the only person with whom I will have any dealings, may call me at any time and will be answered by an automated voice. By pressing buttons on the phone, he/she will be guided through an extensive set of menus:

To make an appointment to see me.

To query a missing repayment.

To make a general complaint or inquiry.

To transfer the call to my living room in case I am there; extension of living room to be communicated at the time the call is received.

To transfer the call to my bedroom in case I am sleeping; extension of bedroom to be communicated at the time the call is received.

To transfer the call to my toilet in case I am attending to nature; extension of toilet to be communicated at the time the call is received.

To transfer the call to my mobile phone in case I am not home.

To leave a message on my computer. To leave a message a password to access my computer is required. Password will be communicated at a later date to the contact.

To return to the main menu and listen carefully to options 1 through 9.

The contact will then be put on hold, pending the attention of my automated answering service.

While this may on occasion involve a lengthy wait, uplifting music will play for the duration. This month I've chosen a refrain from The Best Of Woody Guthrie:

"Oh, the banks are made of marble

With a guard at every door

And the vaults are filled with silver

That the miners sweated for"

After twenty minutes of that, our mutual contact will probably know it all by heart.

On a more serious note, we come to the matter of cost. As your bank has often pointed out, the ongoing drive for greater efficiency comes at a cost — a cost that you have always been quick to pass on to me. Let me repay your kindness by passing some costs back.

First, there is the matter of advertising material you send me. This I will read for a fee of £10.00/page. Enquiries from your nominated contact will be billed at £2.50 per minute of my time spent in response. Any debits to my account, as, for example, in the matter of the penalty for the dishonoured cheque, will be passed back to you. My new phone service runs at 50p a minute (even Woody Guthrie doesn't come free), so you would be well advised to keep your enquiries brief and to the point.

Regrettably, but again following your example, I must also levy an establishment fee to cover the setting up of this new arrangement.

Your humble client

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;) Ha ha. Brilliant.

27th October: Data Protection Act 1998 Subject Access Request

8th November: Letter received from HSBC - Statements to follow

9th November: Bank statements arrive

12th January: Preliminary Approach for Repayment

22nd January: Letter received from HSBC - they will be looking into matters raised

30th January: Letter Before Action sent

24th February: Letter received from HSBC (dated 6th February) offering £240

28th February: Claim issued via Money Claim Online for £326.28 (including 8% interest)

1st March: Letter to HSBC declining offer

5th March: Notice that Acknowledgement of Service has been filed

29th March: Notice of Transfer of Proceedings

25th April: Notice of Allocation to the Small Claims Track

15th June: Court Bundle sent to Court

25th June: Offer received from DG Sols.

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