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    • I do disagree with you regarding one thing - we are not very good with letters or these situations and are slow on the uptake. So far you have stood up to Excel and their threats, immediately given us the information in the sticky, done loads of reading up to educate yourselves, learnt from the mistake of outing the driver so you'll know not to do so in the future, got on to the organ grinder to try to get them to call off their dogs, etc., etc.  Good grief - we wish everyone who came here would do this!!! Most people who get these invoices sadly think they have been fined and if they don't pay a drone from Ukraine will be diverted and will fall on their home (or some such vague grand apocalyptic threat) and they fold and give in.  You haven't.  Well done. Don't worry - you won't be paying a penny.  Although it will take some time to see off this vile company.
    • Spot on!  You learn quickly. Who cares if the case gets sent to debt collectors?  They have no powers.  All the effort you will have to put in will be to open envelopes - and then spend time laughing at their daft "threats".  No stress at all!
    • I did ask them why, but seems they have more spare cash than we do .. ;-( .. I doubt their bank would even support a chargeback after a year has passed. Anyway I've constructed my first DRAFT Snotty Letter .. so here goes ..   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 had added. Shall we raise that 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 the ANPR entry / exit periods compared with actual valid parking periods. Especially with no consideration of the legally allowed grace periods 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 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 issues with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture more useless ANPR photos. We will of course be requesting “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. Legal Counsel on behalf of the Vehicle Keeper.  
    • Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!
    • Hi, I have the Sims 4 on Macbook. Over the last year I have paid for multiple add on packs spending a lot of money on them. I bought them all in good faith as my Mac met all the minimum requirements to play them. I have been playing happily for about a year and bought my latest pack just over a week ago. The games were all working fine yesterday. Then suddenly today EA released a new app to launch the games and this new app requires a MAC OS that my computer cannot use. Now suddenly none of my games are accessible and I am unable to play anything. They did not warn us about this change in requirements and if I had known they would be doing this I wouldn't have bought all these add ons as they are now all totally unusable. The games themselves have not changed, only their app to launch them and I can't afford to buy a brand new mac just to play. So my question is how can they change the minimum requirements after I have paid for a game? I agreed to pay for them based on the fact my mac met their requirements and was not informed when purchasing that this would be an issue in the future. I understand new games (like Sims 5 which is to be released next year) might not be compatible but this is a 10yr old game that they have suddenly made inaccessible due to their new launch app. Does anybody know if I can do anything or anyway to get a partial refund from them? Thanks   Here are their T&C... I can't find anything in there about them being able to do this so not sure what to do https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/
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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.
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Charged AFTER Settlement of Claim


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Dear

 

Claim Number

 

You have not filed a defence for claim number XXXXXXXX (Town/City) County Court, and the time to file a defence has now passed.

 

I am writing to give you one final opportunity to make full payment of (£ amount)

 

If I have not received payment in full by 4pm (date - seven days hence) I will enter Judgement in default.

 

Yours sincerely

di you send this to the solicitors

-----------------------------------------------

Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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Hi Nathal, I have already done the judgement part and no, I didn't send a letter beforehand. They know what's happening (or should do) better than me. I was on holiday prior to that and I was expecting them to ask for a stay so I waited for 9 days before entering judgement. The next step is the warrant but I have sent the above letter to give them one final opportunity to at least acknowledge me before that happens! Don't know if I'll get any joy though!

Hugs,

Tra X

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Hi, I used Money Claim Online but didn't attach the schedule of charges as there was not enough room. I didn't send it on to the county court but did send it on to solicitor's at a much later date. Will this matter?

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No, the court will ask you to provide one, if a date is set.

Kingliam

:!:

 

On behalf of the Ginger one

Lloyds TSB - 1ST 12/07/06-LBA 26/07/06-MC-14/08/06-Court-31/01/2007

Halifax - D P A 02/10/06

On behalf of MumKing

Barclays Bank D P A 29/08/06

 

On behalf of DJ Sunny

Alliance & Leicester D P A 29/08/06

 

On behalf of GrandmaKing

GE Capital D P A 30/10/06

Barclays Bank D P A 30/10/06 - 1ST 15/11/06 *Microfiche [problem]

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After all of the above steps, and after waiting for a week after entering judgement I thought I'd give the solicitors a little more time before issuing a warrant so I wrote them the above letter giving them an extra week before such action and sent it off recorded delivery which they received.

Still not heard anything so I gave them a call today.

Guess what? They say that they DID file a defence online but they also say that there must have been a fault with the system because lo-and-behold, it didn't show that it had gone through! I've never heard such nonsense. Everything I've entered on Money Claim has gone through ok and I haven't heard anyone else say there was a problem with the system.

They say because of this fact that a judgement shouldn't have been allowed and they have got a stay so I should be receiving my AQ soon.

Fuming? Steams coming out me ears!

Funnily enough when I rang Northampton County Court to complain, they say that a stay has NOT been granted, they did NOT file a defence, and [problem] has been in contact with them but only to apply for the removal of the judgement, to which they haven't returned the appropriate forms (quote from the very helpful operator: "We've sent them the forms but they haven't even bothered to send them back. They want the judgement removed but they're not putting the work in."). She also said that they shouldn't have mis-led me like that and if they're going to be funny about it to not wait but carry on to the warrant stage.

Should I send a letter to the County Court explaining my misery :-x and if so, who would I address it to, send a letter to [problem] informing them that I intend to go ahead with the warrant, or just sit back and see if they get their way and have the judgement removed so they can drag their heels into 2007 before paying me what's rightfully mine??????

Still seething!

Big hugs,

Tracie XXX

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(STARTED A NEW THREAD)

After all of the above steps, and after waiting for a week after entering judgement I thought I'd give the solicitors a little more time before issuing a warrant so I wrote them the above letter giving them an extra week before such action and sent it off recorded delivery which they received.

Still not heard anything so I gave them a call today.

Guess what? They say that they DID file a defence online but they also say that there must have been a fault with the system because lo-and-behold, it didn't show that it had gone through! I've never heard such nonsense. Everything I've entered on Money Claim has gone through ok and I haven't heard anyone else say there was a problem with the system.

They say because of this fact that a judgement shouldn't have been allowed and they have got a stay so I should be receiving my AQ soon.

Fuming? Steams coming out me ears!

Funnily enough when I rang Northampton County Court to complain, they say that a stay has NOT been granted, they did NOT file a defence, and [problem] has been in contact with them but only to apply for the removal of the judgement, to which they haven't returned the appropriate forms (quote from the very helpful operator: "We've sent them the forms but they haven't even bothered to send them back. They want the judgement removed but they're not putting the work in."). She also said that they shouldn't have mis-led me like that and if they're going to be funny about it to not wait but carry on to the warrant stage.

Should I send a letter to the County Court explaining my misery :-x and if so, who would I address it to, send a letter to [problem] informing them that I intend to go ahead with the warrant, or just sit back and see if they get their way and have the judgement removed so they can drag their heels into 2007 before paying me what's rightfully mine??????

Still seething!

Big hugs,

Tracie XXX

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Hi Smelliellie!

I've just done it! The worst that can happen is to suspend the warrant whilst they investigate all the facts. If I'm gonna have to wait around for them to get their finger out I mays well wait on my terms!

Grrrrrrrrrrrrrrrrrr. Still wound up!!!

X

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Yes, just done it. I don't know how they keep getting away with it. Time limits are there for a bloody good reason.

I was crapping myself when I first started all this. I felt so out of my depth. But now? I'm so angry that all I can say is......LTSB -

BRING IT ON!!!!!!!!!!!!!

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Good for you, Tracie.

Sooner or later a judge is going to come down really hard on these clowns for their breathtaking abuse of the system.

Write a protest letter to the court (as long as you quote your claim number it will be added to your file). Email or fax it for speed and follow it up with a hard copy.

Don't contact SC&M any more, they've had their chance.

Keep the pressure up.

Somehow I think a cheque will be winging its way to you very soon!

 

Elsinore

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Thanks Midge and Smellie! Just waiting to see if the court validates my warrant or not. Fingers crossed! Didn't realise [problem] were so under-handed. Then again, everyday they drag it out with us is money in the bank for them I guess. The legal fees alone must be costing LTSB a bomb. Well, we know what it feels like to lose money for nothing - so HAH!

X

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Thanks for that Elsinore, let's hope so! You're right, I won't bother contacting [problem] again because it's pointless and they're misleading! I'll contact the courts. An email sounds a good idea. Don't suppose you know the addy?

X

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Hi All,

As I said yesterday, I started the warrant online in the hope that this farce will be wrapped up sooner rather than later, with the cost of £55.

In the meanwhile I did as Elsinore suggested and sent both a letter and email to Northampton.

Kept checking my online claim details all day to see if the warrant had been validated.

Sometime after 4.30pm the warrant was rejected. This means that I have lost the £55, along with some of the fighting spirit that I had yesterday.

I followed the time scales, gave them extra time before taking it a step further and officially was well within my rights to issue that warrant after judgement.

Now is the time that I feel utterly deflated and I really feel like giving up. I have played ball but have still been knocked back, and if they can do that when I have done everything correctly then I feel they can do anything they wish.

That £55 is half of what I get each week and to just lose it like that feels exactly what if felt like when LTSB used to charge me.

Hey, maybe to recover my fees I ought to take the court to court :rolleyes: . Oh the irony!

Dejected, sad, headache, off to bed.

Goodnight, God bless.

Tracie X

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Why was the warrant rejected? Is is because SC&M persuaded the court to accept their defence? Or Northampton discovered their mistake?

You were positively encouraged by Northampton to file for a warrant, so you should kick up a stink and demand the return of the fee.

Did you get the name of the person who told you to go ahead with the warrant? If so, your halfway to a refund. Even so, I would still complain, in writing, about their inefficiency which led to your loss.

 

Elsinore

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Yes Gresham Street is head office. Top person? That'll be the chief exec, Eric Daniels. He's the Big, big cheese.

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.

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  • 3 months later...

I think I've really messed up! I have received my settlement last month after 6 months of waiting. I have since been charged twice for going over my overdraft last week. Once because a company billed me more than it should (I have to sort this out) and once because I was charged my monthly account fee, which wasn't covered because the company had taken more money out than it should!

My problem is when I received the settlement offer from S,C&M I just signed it as it was without any amendments, but I think it may have meant that the settlement was a full and final payment against my claim and any future ones? Does this mean that I have to pay these current bank charges as it's going to be a struggle - actually impossible and I can just see it going the same way as it did before - charges that I cannot meet that incur more charges, until it snowballs out of control.

Can anyone please advise?

Thanks in advance!

Tracie

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Hi Tracie,

 

It depends on what their conditions of settlement were. Why don't you post up the conditions they made sot hat we can see what you have signed. They may not have made that condition - you never know. :D

 

Lucid :)

 

EDIT: Sorry I've just seen that I've posted as Mindzai but it is Lucid :)

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Hi

 

If you have been billed more than you should have by a company, you are entitled to a full and immediate refund under the Direct Debit guarantee, as long as the company did not inform you of the additional payment 10 days before taking the money, I have had this out with Lloyds myself and am now in the process of a fresh claim as they would not back down (again) over the charges. My original claim was settled by the funds being transferred into my account though, I didn't sign anything.

 

good luck

 

Claire

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