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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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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.

      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
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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
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Quick question - Desperate for help!!!!***WON!!!***


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Hi Guys,

 

Well just to update I am now in the process of completing my AQ and am happy with what I am doing. (I am using the Draft order for directions).

 

However, I am thinking ahead to the court bundles and just want to be absolutley clear on what will happen and what I need to do.

 

Presumably if/when a court date is made I will be sent a form listing details required for my 'bundles'.

 

I have looked through loads of threads regarding the bundles, including the actual links provided. I have to be honest, I really confused!!

On the form that the court will send me are there sections a, b, c and d, d being the actual bundles - is this correct??

 

Looking through all the court bundles that are on this site, do you just amend any info where neccessary and print off? It's all a different language and i'm totally lost!

 

Please help, I'm getting really worried now and just want to be sure of what I am doing.

 

Thank you in advance to anyone who can help.

 

EDIT

Just read some more info, on my draft actually and have worked out points A, B, C AND D.

 

Is A all my bank statements that the bank originally sent me or is that B??

What should I put in for C?

I am still a bit confused by D - court bundles (as above).

 

Also, where do I put in all my letters to and from the bank?

 

Really sorry for all the questions, want to be sure on what im doing.

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Hello,

 

I have just received a letter from the court with a court date for 12th June 2007.

It desnt actually state the details I need to supply as I had read would happen (e.g. point A-D), it simply says;

 

District Judge Rutherford has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place at 14.00 on the 12 june 2007 at Bath County Court, (address then given....) and should take no longer than 15 minutes.

 

The court must be informed immediatley if the case is settled by agreement before the hearing date.

 

Each party shall deliver to every other party and to the court office copies of all the documents (including any experts' report) on which he intends to rely at the hearing no later than 29th May 2007.

 

The original documents shall be brought to the hearing.

 

Defendent do by 4.00pm on 22 May 2007 file and serve:

1. an itemised statement showing how each and every item charged is calculated

2. a copy of the contract with the customer

3. skeleton legal arguements if points of law are to be argued relating to punitive damages and/or unfair contract terms.

Date: 10 May 2007

 

End.

 

Is this normal? Do I still to send in the court bundles in full or just the correspondence and statements as requested??

 

Also, is it worth me calling Barclays tomorrow to see if they are willing to settle?

 

Thanks so much for any help, desperate to get this sorted tonight as away all week form tomorrow and want it out the way.

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Defendent do by 4.00pm on 22 May 2007 file and serve:

1. an itemised statement showing how each and every item charged is calculated

2. a copy of the contract with the customer

3. skeleton legal arguements if points of law are to be argued relating to punitive damages and/or unfair contract terms.

 

I rather think they will want to settle before 22 May, which will save you having to submit a court bundle by 29 May.
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The court must be informed immediatley if the case is settled by agreement before the hearing date.

This is a good example of the judges becoming aware that they have absolutely no intention of showing.

 

Each party shall deliver to every other party and to the court office copies of all the documents (including any experts' report) on which he intends to rely at the hearing no later than 29th May 2007.

we all know B's will miss this deadline as they have no bundle to submit.

 

The original documents shall be brought to the hearing.

 

Defendent do by 4.00pm on 22 May 2007 file and serve:

1. an itemised statement showing how each and every item charged is calculated

2. a copy of the contract with the customer

3. skeleton legal arguements if points of law are to be argued relating to punitive damages and/or unfair contract terms.

basic court bundle + your documents.

 

Is this normal?

Yes perfectly almost to the letter.
Do I still to send in the court bundles in full or just the correspondence and statements as requested??
completed bundle, if posting send via recorded delivery...if by hand get a signed receipt showing it was the court bundle that was accepted.. also send a copy to Barclays

 

Also, is it worth me calling Barclays tomorrow to see if they are willing to settle?
in these circumstances the way things are with so many people claiming these charges, B's are so overrun they prob ask you to call back nearer the date...... I would wait until 29th May [pm], ask to be put through to who ever is dealing with your claim and calmy mention that "the deadline for submitting the court bundles has expired and you havent received yours from them"..."why?"....."do you want to settle out of court to save further embarassment"...THEY WILL!!!!
  • Haha 1

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Thanks guys for your replies, thats really helpful, will crack on with my bundles tomorrow, just as well get them done and sent off.

 

Will call Barclays on the 29th as you advised, will keep you posted!!

 

Thanks again

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You don't need to do the court bundle yet.

 

Defendent (ie The Bank) do by 4.00pm on 22 May 2007 file and serve:

1. an itemised statement showing how each and every item charged is calculated

2. a copy of the contract with the customer

3. skeleton legal arguements if points of law are to be argued relating to punitive damages and/or unfair contract terms.

Wait till the 23rd, they won't have submitted the above. Then ring the bank, they will settle and you won't need to submit a bundle at all.It'll save you alot of work.

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Hi,

 

I am going to phone Barclays tomorrow tosee if they want to settle out of court, who should I ask to speak to?

 

Do I just call my local bank?

 

Thanks

 

Look at the bottom of Dar£ns post #34

That is Krystas number, Just ask to speak to whoever is dealing with your claim

 

Paul

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Would love to know how you get on. I submitted my bundle a few weeks ago and have yet to see anything from barclays.

My court date is 29th June so I will probably need to call them in two/three weeks time too :)

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Hello - Right, slightly nervous, i'm about to call barclays to see if they will settle out of court, they had until yesterday to get their documents to the court, any advice???

 

Shall I just ask if they are willing to do an out of court settlement??

 

Any advice very grateful received!!!

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Okay, if it helps write down what you are going to say.

 

get an updated copy of your SOC's and make sure all costs are added.

 

when you are ready, give Krysta a call at the Litigation Team, she and her team are brilliant, not intimidating in anyway... they are very polite.

 

Ask krysta who is dealing with your claim.

She will either connect you there and then, give you details or get them to call you.

 

If you are really not keen to phone send an email to her ....not forgetting to include your claim number, court date etc.

 

I know this stage is very daunting, but truly it is a piece of cake, you will come away with a big smile on your face thinking 'Hey, easy peasy'

 

Go on Molly today is your day to shine!!!!

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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As Dar£ns says they are very helpful and polite.

 

If you dont want to talk and discuss, just ask for the person who is dealing with your claim and ask for their email address.

 

I know there are people who have done this via email and sometimes it might be easier, cos at times its hard to get hold of people.

 

Also if you have incurred charges since your claim as them to add these onto the settlement, they did in my case

 

PAul

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Hi all, sorry to just barge in! but wanted to get some advice from people who have been through the stage I'm currently at. I calculated my charges and sent my letter requesting them back and have recieved a response today saying...

 

"sorry you are unhappy with the charges you have incurred....whilst we will endeavor to respond to you within the timescale outlined in your letter, we will not gaurantee that we will do so....we do aim to find a solution within four weeks. If we are not able to do so, we will always write to you explaining what is happening. A full report or update on our progress will be sent to you within eight weeks."

 

Was just wondering what I should do next, just sit back and wait or send another letter and if so what should I say? any advice given would be much appreciated, thanks!

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Hi No.23

First you will need to start your own thread so we can devote our answers to your claim alone.

In ref to your 'quick question' This is std Barclays reply.

Once YOUR deadline has expired move on to the next stage.

LBA

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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I won!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I cant beleive it, barclays have settled the full amount!!!!!!!!!!!!!!!!!!!!!!!!!!

Woo hoo!

 

Thank you boys for all your help, it was such a help, so excited now, have to have a few drinks to calm me down!!

 

Spoke to deano at the Litigation Office and he said they are posting a cheque 1st class today.

 

Won't totally relax till i get it but all good none the less!

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