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    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
    • I’m tempted to send a letter to the company outlining the reasons why I think their PCN is illegitimate. I guess will technically be an appeal.  Their documentation states they won’t discuss over phone, I also don’t want them to have my email address.    re signage on entrance, having looked at land registry, the whole road is private, and when you turn into the road off the highway, there is a sign on the lamppost about 20m in, again not noticeable and on the other side of the road.  I feel like I am in a difficult position with this, I understand that I may have a good chance of not having to pay, but at the same token the stress this is already causing me makes me feel like it’s not worth the £60!
    • Well done with the photo. Of course the signage is insufficient.  PPM are not interested in competent management of a car park, they are interested in catching drivers out so they can issue their PCNs. For a start, according to their trade associations' Codes of Practice, they are supposed to have signage at the entrance. Any e-mail reply from the company and whether they will/won't/can/can't get the invoice cancelled?    
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      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.  

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    • 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.
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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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seapring v Barclays


seapring
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  • 3 weeks later...
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Hi folks,

 

Got a rather distressing letter from barclays today regarding my account which is subject to the court appearance /bank charges.

 

The bank terminates my agreement as of 1/08/07 and maked demand for fulland immediate repayment of the balance of £1666.52 witheffectfromthat date.Daily interest charges of £0.42 will accrue from that dater until full payment is made.If you do not settle the balance on your account, the bank maytransfer responsibility for recovery of the debt on to one of its recoivery units or agents with a view totaking further action. Additionally it is the banks intention to register details of the account with credit reference agencies.

 

Can somebody please tell me what is going on as i sent them a letter telling them it the subject of acourt case and i thought they could not do anything until after the court hearing.

 

i will be grateful for any advice on what to doabout this asap, so i cansend them a reply or something

 

many thanks,

 

seapring

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thyanks for the reply saintly 1. I wshall send send letters off today along these lines.I thought the banks could not take any action while a court case was pending, so maybe i was wrong

 

many thanks,

 

seapring

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i hada similar thing with my overdraft being withdrawn, without notice.

 

I stormed the local branch and asked to see an adviser,

Their reply

"Have you got an appointment, if not you cant see one"

 

My reply:

"OKAY I DEMAND TO SEE AN ADVISER NOW!"

 

i saw one immediately, and asked why my account had been 'tampered with'

my O/D facility removed AND a £30 charge applied.

They were very arrogant until I suggested it was more than a coincidence that the day after Head Office would have received my court bundle that this action was taken and that I saw it as an act of retaliation against my actions and I would be complaining.

I stated I wished to make a formal complaint to Barclays before taking it further.

The adviser buckled within seconds....my account was restored and charge refunded by the end of the day.

 

.

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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  • 3 months later...

Hi Guys,

 

my case was put on hold until 1 month after the test case or until next october, which ever comes soonest. however I have today received a letter from a debt manager demanding that I repay the debt in full, and notice that the bank has added on even more charges. As the case is under the court, what is my best action with regard to this latest letter please.

 

many thanks.

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Hi SP,

 

Sorry to hear they're still harassing you. Is it the bank or a DCA.

 

Read here - http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf - and consider using one or more of these sections:-

 

2.6(a) re frequent contact

 

2.6.(h) ignoring your contention that debt is in dispute

 

2.8(i) failing to investigate/provide details (re missing info they still owe you)

 

2.8(k) not ceasing collection while investigating queried or disputed amount.

 

You could use one or more of these sections to quote to the bank/DCA and tell them that, as they continue with their harassment, you will now be file compliaints with your local Trading Standards Office and the OFT.

 

Then make official complaint to each.

 

Come straight back if unsure, Slick

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Hi SP,

 

Write to the Barclays dep't who has sent final demand and confirm that your charges claim has been Stayed until after OFT, so your a/c with bank is "in dispute".

 

As such you now require that they stop all collection attempts until after your court case is heard or the matter is resolved. Send by Rec'd Del'y. Tell them any further attempts by bank or DCA to demand this money will be reported to TS and OFT.

 

Send copy of this letter to anyone else that harasses you about the disputed a/c.

 

Make official complaints to TS and OFT as outlined above.

 

They ARE allowed to continue to add chgs to the a/c while your case is Stayed but you should be able to get these back later.

We could do with some help from you

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  • 5 months later...

Hi Seapring,

 

The OFT case ruling handed down on Thursday has totally changed the prospect of reclaiming charges on a business a/c. Current advice is don't start a new business chgs claim.

 

We're still working on what claimants should do about cases which have been started and are now Stayed.

 

I've looked through your thread and can see no mention of this being a business a/c claim - please confirm.

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hi slick 123,

 

thanks for the quick reply. No.i have a personal account , and a sole trader business acccount, so was wondering if i could reclaim those charges as well.

 

many thanks

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Hi SP,

 

If it's a business a/c, the answer is now NO, based on the interpretation of Thursday's judgement.

 

We have to see if appeals are made by either side in the next month.

We could do with some help from you

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