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    • Use the cerdit for a goodybag, put off moving for a month ... think of it as getting a month's worth out of giffgaff that you otherwise wouldn't have?
    • I'm definitely looking for monthly only. Giffgaff has been great, but recently a mast was broken in my area and they spent over two weeks telling me there was nothing wrong and eventually agreed that there was. Although mast seems now to have been repaired, I wasn't happy about the way they dealt with it. That doesn't mean that other companies aren't exactly the same but I checked and Lebara has got just as good coverage in my area also has 5G whereas the O2 5G coverage is very poor. Also free international calls is pretty attractive but I have to say that I do feel a bit concerned about making the jump. Also I've got about 13 quid locked up in credit which apparently they simply keep if you leave them and I can't see any way to transfer to some other account
    • I haven't, (moved giffgaff to Lebara)  but can offer some points to consider (and that those who have moved can comment on .....)   Firstly, does O2 (Giffgaff) cover where you need your phone most? Does Vodafone (Lebara)?. No network will cover everywhere you MIGHT need to use it, but you can check for where you know you'll use it most : No point in having a magnificent and cheaper inclusive package if it doesn't work where you need it most ......   Secondly,. how good is Lebara's customer service?. Much of giffgaff's CS is provided by giffgaff's users, but is does lead to a good knowledge base, and giffgaff has an excellent reputation for customer service (I know you already know to keep e-mail trails and recording of calls, but it is way better to not have to get into that level of discussion if they'll instead sort any issues ab initio).   Thirdly, are you looking for a 30-day rolling contract or a longer SIM-only deal? you'll likely get better value with a SIM-only, but are 'locked in' to a minimum term. (is where you'll need it most likely to change within the minimum term? if so, 30-day rolling may be a better option than a 12-month or longer SIM-only).   Are any network features a) essential? b) desirable. I'm thinking  of features such as call diversion, 3-way calling, and wi-fi calling...... (not that these may be available on either of giffgaff or lebara - I'd have to check) For example .... Voxi doesn't do call diversion, and many of the features are available on the host network but not the MNVO's, but knowing what features are essential and if any are desirable might be the deciding factor all else being equal.   Then (and probably only then): what sort of package are you looking for? Calls? texts? data?? International calling? (to international? from abroad??). Video streaming? Music streaming?? Cost is a major factor, but a cheaper deal that doesn't meet your needs re: coverage, features and customer service can turn out to be false economy. If you do masses of streaming, then Voxi (also on Voda's network) might be a good option over Lebara if it is Voda's network that is your prime motivation for moving.
    • Hi @lookinforinfo thank you for your response.   I have searched around for the possible reason the NTK is not compliant but could not come up with anything beyond that indicated above by FTMDave which is the NTK fails to specifiy a period of parking and merely states a time that the vehicle was allegedly present at the location stipulated. Perhaps you could kindly give me a clue if there is another reason.
    • Thanks FTMDave for making things easier to taking next step . So for now i have to submit WS PS. i already Emailed my preferred contact number to the Court.   Also when you say emailing fleecers do you mean Gladstone solicitor? or the company HX parking ltd? What shall i write to them would thaf be like a covering letter or like a draft order? I remember when i submitted N244 the court said they will send the copy to fleecers also, so my understanding is that fleecers got the N244 already?  Thanks
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CPR 32.18 - Notice to admit facts


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Just noticed this in the CPR rules (http://www.dca.gov.uk/civil/procrules_fin/contents/parts/part32.htm#rule32_18) - This sounds similar to part 18 (request for further information) but something that could both be used in small claims and used to get the banks to admit their costs??? Or I've just spent too long reading legal crap all day!

 

Anyone?

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Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Guest Alison82

This sounds intersting, seems like it could work, lets see what BF, Dave and the other mods say!

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Part 32 is excluded from small claims (apart from Part 32.1)

 

So we are in the same boat as with Part 18 requests.

 

One would not norally expect to come across a Notice to Admit facts in a small claim but, as has been stated before, your claim is not a small claim until it is allocated to that track by the judge after the allocation questionnaires have been filed at the court. So there is scope to serve a notice to admit facts between the time that you receive the defence and the allocation of the case to the small claims track.

 

Again, as with Part 18 requests, if the notice remained unanswered or the defendant objected to answering it because it is excluded from the small claims procedure, the judge may decide at any hearing that the defendant need not answer it because by then the claim will be a small claim. However, before allocation the rules are quite clear that a Notice to Admit Facts can be served so you would not be non-compliant with the rules if you did serve it - although to do so is certainly not within the "spirit" of the small claims procedure.

 

One of its uses in my view would be to serve it in relation to evidential matters before allocation as a means to increase the costs to the defendant of dealing with the claim and therefore as a way of helping them decide to settle on commercial grounds - i.e. too expensive to defend.

 

I can see that a Notice could however be quite effective. Lets assume you are suing one of the banks whose senior officers gave evidence to the Parliamentary Committee on bank charges. I recall that one of them made clear that penalty charges pay for the bank's whole debt collection operations and that therefore a charge on your account is used to fund the collection activity on other accounts - i.e. it is not a cost associated with just your account in respect of the cost of that particular breach. If he happened to be a senior officer of the bank that you are suing then one could serve a Notice to Admit facts attaching a transcript of this evidence to the Parliamentary Committee and ask the defendant to admit that the charges are not, in fact, a true assessment of the loss in respect of your account and your breach. That would put a big woody stick right in their spokes :)

 

As with Part 18 requests I don't think there's a definitive answer that you should or shouldn't use them. I think its up to each individual but I don't see that you would be criticised by a judge for serving a Notice to Admit Facts before the case is allocated, but he/she might take the view that it is outside the spirit of the small claims procedure and therefore not require it to be answered.

 

Hope this helps :)

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Your post was very useful, thank you for taking the time to reply in such detail. It sounds like you are legally qualified or at the very least very kowledgeable - if so could I ask that you take a quick look at another thread on the bank's claim that the charges are for a service here -

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6718

 

Anyway,

 

I fully intended to use it based on the fact that up to a certain point the track has not yet been decided. Plus I can get away with trying stuff 'outside the spirit' etc because I'm not a lawyer. The worst case is they refuse and that's that. The best case is they either get worried and refund the full amount (possible) or actually provide their costs (not likely).

 

I can see that a Notice could however be quite effective. Lets assume you are suing one of the banks whose senior officers gave evidence to the Parliamentary Committee on bank charges. I recall that one of them made clear that penalty charges pay for the bank's whole debt collection operations and that therefore a charge on your account is used to fund the collection activity on other accounts - i.e. it is not a cost associated with just your account in respect of the cost of that particular breach. If he happened to be a senior officer of the bank that you are suing then one could serve a Notice to Admit facts attaching a transcript of this evidence to the Parliamentary Committee and ask the defendant to admit that the charges are not, in fact, a true assessment of the loss in respect of your account and your breach.

 

Would it not be possible to just use a transcript of this evidence directly without having to use the CPR to get them to admit the facts are true? They can't really deny it after all...

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Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Absolutely and anyone going to court should print off evidence like this and serve them as documents to be relied on at the hearing. But with the Notice you are asking them to specifically admit the fact - not the same as introducing the evidence yourself at the hearing.

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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