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    • Thank goodness it's not your roof and you get to foot the bill! How big are these bits of mortar? How often are they falling into your garden? Hourly, daily? Just go ahead with your plans, of course, they're not going to be worried by your time pressures and the urgency of the situation, so simply carry on as you would have done and I'm sure everything will go fine. Unless there is a danger to life and serious structural issues which mean you cannot venture into your garden, then IMHO there is little more you can do less for what you have done so already and made them aware of the issue.
    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 161 replies
    • 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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Just starting out ***WON***


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Hi Tracie,

 

Standard defence - that's good news, means they haven't picked any holes in your claim. ;)

 

As Barty said, best to get your AQ back ASAP and i would send [problem] a copy. You don't have to, but it does show your being courteous to them, and it shows them you are serious as well. ;)

Don't hold your breath waiting for them to send you a copy of theirs though.:rolleyes:

 

Have a look at Barty's links - there is a choice as to how you are going to fill in your AQ form. I personally went for the Draft order, but have a read up and decide.

 

Pondy :)

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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  • 2 weeks later...
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Hi

 

Well today i have had 3 letters from andover. The 1st saying saying they are sorry but are still looking into my claim.The second offering me £651 as full and final settlement and the 3rd letter said sorry for the delay but find enclosed a cheque for £651...which had no cheque enclosed!!!!

I have tried ringing andover and cannot get through. Not sure what to do about this...the letter that was meant to have the cheque in was not sealed.

I phoned Lloyds and the man(very nice man) said i should maybe send a letter off to them marked urgent explaining.

So should i send a letter accepted part payment and saying that cheque was not enclosed??

Any help much appreciated. Thankyou

Tracie

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Hi

Yes send a letter from the link below and explain about the cheque:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Hi Barty

 

Thanks for that....do you have a contact telephone nmber for andover?? The one iv got is 01264 725214...and it keeps going to mailbox and then saying mailbox is full...any other numbers i could try to get intouch about the missing cheque???

Thanks

Tracie

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Hi Barty

 

Thanks for the numbers...finally got through to them today. They are looking into where the cheque has gone and will get back intouch with me. When i have money in account or cheque in hand then i will send letter accepting part payment. I couldnt send letter yet as iv recieved no payment and i think it would or could get confusing later on. I am filling in my AQ and will take that into court with £100 next tuesday. If payment appears do i inform courts i have had a partial payment??

Thanks so much for your time.

Tracie

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Hi

 

Just filling in AQ and taking it to court today with money. Just a couple of questions....where it says any other information....

 

have you attached documents...i ticked no......already sent schedule of charges with claim

 

Do i intend to make any applications in future...is this yes or no???

 

In the space below set out any other info.....do i include here the part that says.......

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Want to et this rigt before going to court....any help would be great...thankyou..

at the bottom where it asks for firms name and address....do i include my name and address??

Nearly there now....;)

Tracie

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Sorry TJ I don't know too much about AQ's. I assume you've seen this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

By the way, just read that the courts are closed today!

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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Hi jshtr3

 

Thanks for that...only wish i had read it before going into town, parking up and finding it shut...lol....;)

 

Oh well....i will go tommorow..

Thanks

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Hi All

 

Well i am totally confused now. I have claimed for my daughter and for myself. My daughters claim as gone to court and i took the AQ in today and paid. The gentleman told me that Lloyds had not sent theirs yet!

My claim got to the LBA stage. I had not yet taken that to court.

Well last week i had 3 letters in my daughters name. Miss K ******.....saying they are still looking into it, then they were offering me £651.00 and then finally a letter saying a cheque was enclosed for the amount but no cheque was their. I tried ringing but eventually wrote to them and said there was no cheque inside. I got through to them 2 days letter and she said she would like into it and thanked me for ringing. Well today i recieve another letter with cheque for £651.00 but in my name..Miss T XXXXXX.....so i think they have confused both claims?? I no longer have an account which might explain the cheque.

So, do i ask them or leave it. If its for mine then im happy with that and its only about 50.00 short of my original claim so i will accept that and leave it there. However, if its for my daughters, her claim is about £1700 then what should i do. At the end of the day it was in my name with my initials. So if they have made a blunder its there fault..right???

Any advice welcome and i hope you understand what im saying. Iv kept all letters from then and as i say i have filed my daughters AQ today.

 

Tracie

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Hi again

 

Well iv just been reading all the letters again and think iv solved it. My claim has a different reference number to my daughters, obviously, but they were all addressed in her name which was what confused me. so it seems they have settled my claim, about £50 less but im happy with that and no point taking it further and paying more out. It seems my duaghters will now be in the hands of SC&M and i guess we will now have to wait to here from the courts or them.

Will let you know what happens...

Tracie

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  • 2 weeks later...

Hi

 

Does anyone know of any letters i could send SC&M to maybe give them a friendly nudge to settle?? I still havnt heard anything and when i phoned court they are a week beyond with backlog so wont know what the judge has decided. Do you think its worth sending a letter?? I guess it cannot hurt.

Thanks

Tracie:)

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Hi Tracie,

 

I'm not sure where you are with your claims at the moment. Am i right in saying yours has been settled and it is your daughter's claim that you are waiting for?

Have you got a court date yet, or is that what you are waiting for from the courts?

Personally i didn't contact [problem] at all, just let things take their course. Are you sure it will be [problem] dealing with the claim? Lloyds are spreading the workload around other solicitors.

 

Pondy :)

  • Haha 1

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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Hi Pondy

 

Yes thats correct...seems mine was settled albeit a little short but im happy with that but its my daughters claim that i have heard nothing about,..i filed the AQ last week but the court are behind and i think its def SC&M as they are cited on the defence. I guess like you say its a matter of waiting just wasnt sure if i should maybe send a nudging letter in the meantime.

Thanks

Tracie

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As you say Tracie - probably no harm in sending one.

 

Don't hold your breath for a reply though, they can't even issue the defences / AQ's on time at the moment. ;)

 

Thanks for the click !

 

Pondy :)

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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Hi All

 

Still not heard anything. Rang the court this morning and its being sent to the judge in a couple of days, she said they have a big backlog. Nothing has been recieved from SC&M as yet.

I sent them a copy of the AQ form. I have 2 questions...do you think a phone call to them to see if they have recieved the AQ and if they have sent theirs will do any good?? Also iv been looking at the schedule of charges and the last set of charges i claimed were on the 01/04/07...they actually came out the account on the 02/04/07...do you tink this has made a difference at all?? Getting worried iv done something wrong and looking for faults in my claim...i guess its just nerves...Any suggestions??

Thanks

Tracie

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Tracie,

You have done all you can for now. If it makes you feel better then give [problem] a ring, but they not not renowned for a helpful attiude. :rolleyes:

 

1 day discrepancy on one charge ain't gonna make a difference. Don't worry, worst case senario is your claim is reduced by 1 days interest, but i'd be amazed if anyone even notices. ;)

 

Pondy :)

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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Hey happy smilies please, no embarrased ones needed on CAG! ;)

 

It tickles me Dorsal fin if i can help, and there ain't no greater feeling than that! :D

 

Keep up the good work Tracie, not far to go now!

 

Pondy :)

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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  • 2 weeks later...

:D Hi All

 

Well i have good news...WE WON !!!!!!!!!...Just logged onto bank account and refund there, i think its all right maybe £40.00 down but totally happy with that and the fact i dont have to go court.:p

Thanks to everyone on this site that has helped and i will making a donation to this brilliant site.

I will be starting the process again though has iv had maybe £320 since all this started and i will be checking if anymore charges come out at the end of the month.

I still have not heard from either court or SC&M regarding refund so do i now send court a letter saying they have settled?

 

Can this thread now be changed to ..WON...

To all starting out, keep going and stick to advice given on here and that way you wont go wrong!!

 

Tracie and Katie..xx:D :D :D :D

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