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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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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
      • 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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Tomba90 v RBS --- ***WON!!!!****


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Well, the ball is rolling. Sent my initial letter off today for a whopping £4640. But having a nightmare, because when you add the 8% on, the final total is £5394. which is over the limit for the small claims court.

 

What shall I do ?

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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Guest BlueRuby

Don't worry. The 8% only comes into play once you file your claim. It's only the total of the charges that counts towards the £5k.:)

Good luck and keep us posted of course.

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Nice one, thanks for that. and will certainly keep the thread up to date

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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**UPDATE**

 

Sent 1st letter 7 days tomorrow, but still no reply!!!!! :)

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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8 days from 1st letter and I have received a letter from the service quality team in Glasgow, so the internal mail at RBS is working well. see below for letter detail:

 

Dear Mr ........

 

Thank you for taking the time to tell me about your concerns. All concerns are important to us and I welcome the opportunity to address the issues raised.

 

I am not yet able to answer your concerns fully, as I need to look into matters further. I will contact you again within ten days, either with a full response to your concerns, or to update you on the progress I have made. However, if you need to speak to me regarding this matter, please contact me on the direct dial number shown below.

 

In the meantime, I enclose a leaflet, which explains our concerns handling procedures for your information.

 

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

 

The leaflet is just the usual crap......

 

Do I call or wait until the initial 14 days are up and send the second to the addressee ???

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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OK RBS your time is up, sending my 2nd letter, I'm ready to fight..............

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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Received a letter today offering £1000 towards my charges as a good will gesture, the standard one.........

 

But it was from "Glasgow Collection Centre" does this mean I have to claim through a Scottish court now ????

 

Have looked through the FAQS but can't find anything, any info. would help

 

cheers

 

 

PS Got them scared though :)

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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No just put the branch address on your claim!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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  • 2 weeks later...

Hello again, well i'm on the moneyclaim site about to claim my well earned cash back, but have a question. How do I calculate the interest at the same rate up to the date of judgment or earlier payment ???

 

Please help, I have been scrawling the FAQS for hours........

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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Hi its the value of the claim @ 8% divided by 365 days gives you the daily rate!

 

I struggled with that bit too and I'm a qualified accountant!!!!:p

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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Cheers for that Stacey !!!!

 

So if my calcs are right:

 

claiming £4640

8% int is £779.54/365 = £2.14 daily rate.

 

Next problem is:

 

Claim £4640 and add £779.54 = £5,419.54

 

which takes me over the 5k limit, money claim states I need to add it on!!!! is that right ??????

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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So if my calcs are right:

 

claiming £4640

8% int is £779.54/365 = £2.14 daily rate.

 

No - the daily rate is your claim amount x 0.00022 (which is basically 8% divided by 365)

 

So your daily rate of interest should be £1.02

 

 

Your claim will be fine on the small claims track as the claim amount is under £5k. However because the total claim amount is over £5k the Court fee will be £250.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks again !!!!

 

Claim has been completed and payed for 28/06/06

 

I will keep you posted. !!!!

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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I have looked at my clain online and it is asking me:

 

Do you wish to enter Judgment by Default or by Admission?

 

do I answer this now or what ??

 

Helpline is shut................

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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There's a spreadsheet, in fact there's 2 of them, in the Library that works that all out for you...

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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I think thats if they don't acknowledge within 14 days and defend within 28 days, to apply for judgement by default.

 

someone else may know otherwise!!!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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There's a spreadsheet, in fact there's 2 of them, in the Library that works that all out for you...

 

I'm all sorted on that front, cheers anyway though !!!!

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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I think thats if they don't acknowledge within 14 days and defend within 28 days, to apply for judgement by default.

 

someone else may know otherwise!!!

 

I think your spot on, i'm just being stupid

 

Cheers stacymason

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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  • 2 weeks later...

Hi Everyone...

 

Well RBS has filed an "acknowledgement of service" and intends to fully defend the claims, giving them until 08th Aug.

 

The solicitors are Cobbetts of Manchester, I see it is the usual way they proceed.

 

Does anyone now how many cases actually go to court ??

 

I must be weird but I would like to go, just to witness them loose......

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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none as far as I am aware for RBS yet, I think our only chances of seeing a courtroom are if we win by default and they apply for a set aside! Might be worth it! drags it out a bit though!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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none as far as I am aware for RBS yet, I think our only chances of seeing a courtroom are if we win by default and they apply for a set aside! Might be worth it! drags it out a bit though!

 

Cheers stacymason

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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have you got your defence from cobbetts through yet, let me know if its similar to mine which i guess it will be....

 

Nope, just posted a request on your thread though, hope you can help.....

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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