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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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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 
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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.
      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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** WON ** About to start any advice offered is much appreciated


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Yes, welshman's quote goes in section G.

 

The final decision of which track the case will be allocated to is down to the judge, so the first part is to underline your wish to use the small claims track.

 

The rest is to explain that although the case is suitable for the small claims court, you would like the Judge to order "standard disclosure", (you have to request it since it is not normal in small claims cases). Standard disclosure would mean that Barclays would be required to explain in court exactly how they make up their charges - that's the bit that scares them most!

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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  • 2 weeks later...

Just been in touch with the court dealing with this case, and have found out that yet again, Barclays have submitted the documents late.

 

I know this is standard practice by them but surely they should be held in contempt of court for doing this. The documents required from them were due on 31/10/06 as were mine, they did not arrive until 01/11/06. Now I can appreciate it is only a day, however if I was to do this my case would have been rejected.

 

Anyone care to answer why the banks can get away with this and yet we cant

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Hi, new to this site and forum, i have read hours and hours of info but i do believe my claim will seriously exceed £5,000 perhaps near 15k as i am in business and the banks have had lots of fun with me. I under stand the multi link track but where do i find the relevant info, is the procedure the same as with the small claims court ect.

Help!!!!!!

football

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Hi, new to this site and forum, i have read hours and hours of info but i do believe my claim will seriously exceed £5,000 perhaps near 15k as i am in business and the banks have had lots of fun with me. I under stand the multi link track but where do i find the relevant info, is the procedure the same as with the small claims court ect.

Help!!!!!!

football

 

Hi Helen

 

Welcome to the forum, I honestly could not tell you any more than this site does although I understand where you are coming from. It may be a good idea to speak with one of the mods who may be able to tell you more.

 

Dz

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Just received my DPA back from Barclays and they seem to have changed the wording

 

I have pasted the text in below from a scan I did of the letter

 

Please be aware that the Bank is not under an obligation to present information according to any particular format. Therefore, your request to assemble a schedule of charges is turned aside. You may of course obtain this data from copy statements and these will be supplied to you shortly without charge on this occasion. As the Bank is providing the copy statements on a complimentary basis, no payment will be will debited from your account.

As regards your mention of “manual intervention”, the DPA does not oblige the Bank to comment about internal policies and procedures. Furthermore, in the context of managing day to day transactions arising from out of order accounts, the Bank does not hold the information you have requested in a form that would be covered by the DPA. Whilst aggregated information is retained for statistical purposes, this would not constitute “personal data” under the DPA and therefore would not be covered by a s.7 DPA subject access request. For the avoidance of doubt, the fact that we do not generally record information in a way that is caught by the provisions of the DPA, is in no way an admission that there was no such manual intervention.

 

Any comments??

 

I had exactly the same reply from Barclays and apparently this normal.

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  • 2 months later...

This morning I received a letter from the Litigation Department at Barclays offering a final settlement of approx £40 less than the amount claimed but it has the usual confidentiality clause attached.

 

Do I accept this or reject it and if I do reject what implications will it have on court that I rejected a very close offer?

 

 

Thanks in advance

 

dzaster

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Just spoken with the Litigation people at Barclays, they are not bothered about the confidentiality clause that was mentioned and will settle in full on receipt of a fax stating I accept their offer.

 

The bloke on the phone sounded really overworked.....

 

So now we have another win to shout about

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