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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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Nightstar V Barclays ***Nightstar WON****


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UPDATE:

thanks for your support guys and gals:)

 

Barclays have asked for a set aside judgement and (paid £35 for the privalige):D

 

I have agreed a deal for a full refund of all my charges unconditionally without any gagging order in any way shape or form, I had to agree to a set aside judgement in order to recoup my money owed which amounts to £2910:D

 

So my friends, I should have it in my account by thurs next week:D

 

I am not counting my chickens just yet ............ but stick to your guns, dont speak to them by phone they record everything and basically due to my conversations with Mr MacDonald I dont think I would of stood a chance as I pulled no punches.....:D

 

Good Luck as soon as my money's in the bank |I will be donating, I will stick around as my next mission is ........BARCLAYCARD :D

LETS ROCK !!!:D :D :D

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They are despicable !!

 

Still it looks like you've finally got your money.

 

Well done !! :D :D :D

 

Hopefully you will soon be able to relax and have a glass of something nice.

 

 

Spotty

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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CONGRATULATIONS

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

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:) Oh My God!!!! You Are Fantastic!!!! You Have Kicked Their Behinds Good And Proper!!! You Deserve Some Kind Of Knighthood!!!

If you think I have been any help at all, click my scales, go on.... You know you want to! :lol:

LLoyds: (Husband) - *Settled in full* 20/12/06

Halifax: (Mum) - *Settled in full* 05/12/06

Studio: *Settled in full and more* 09/12/06

GE Capital - *Settled in full* 16/11/06

Barclays: - *Settled in full* 04/01/07

Capital One: - *Settled in full* 02/02/07

MBNA: - *Settled in full* 30/01/07

Yorkshire Bank (Friend) - *Settled in full* 30/06/07

LLoyds TSB x 3 in progress (Friend x 2 and Husband again)

Abbey National in progess (Friend)

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we bow to you, you protector of human rights!!! I am so blooming proud of you!

If you think I have been any help at all, click my scales, go on.... You know you want to! :lol:

LLoyds: (Husband) - *Settled in full* 20/12/06

Halifax: (Mum) - *Settled in full* 05/12/06

Studio: *Settled in full and more* 09/12/06

GE Capital - *Settled in full* 16/11/06

Barclays: - *Settled in full* 04/01/07

Capital One: - *Settled in full* 02/02/07

MBNA: - *Settled in full* 30/01/07

Yorkshire Bank (Friend) - *Settled in full* 30/06/07

LLoyds TSB x 3 in progress (Friend x 2 and Husband again)

Abbey National in progess (Friend)

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Have to say amazing reading girl!! well done to you and HA! to all them so n so's from Barclays...lets hope we all have as much excitement and joy out of whooping some big banker butt!

Cheryl :roll:

 

Barclays Account 1 ~ March 11th *WON* ~ £2600.00

Barclays Account 2 ~ Awaiting court date.

MBNA ~ May 2nd ~ £440 *WON*

HFC ~ April 3rd ~ £380 *WON*

HFC #2 ~ May 10th ~ £75 *WON*

Egg #1 ~ Pending

Egg #2 ~ Pending

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I'm not a Barclay's account holder, but I found it absolutely captivating! Nighstar, you are a morning, noon and nightstar! I'm not sure I would have had your resolve and would probably have caved in early. So, for sorting out those poorly co-ordinated leeches and having the power to send in the bailiffs to Barclays (HA HA HA HA HA HA HA HA HA HA - how does it feel now, Mr Third Largest Bank in Britain????!!!!

 

I was so excited and amused, I think a bit of wee came out. JOKE!

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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Excellent, well done.

 

However, can you tell me whether they have agreed in writing?

 

I am not saying that you do anything different but there may be an opportunity for a little more fun.

pm me when you have reposnded

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Well done Nightstar...

I read your thread with great interest...even moreso as Barclays last day to enter a defence was today @ 4pm...

And guess what?

No defence, so I can request for a judgement tomorrow...!

I'm guessing that this course of action is far quicker than the other route had they entered a defence, waited for AQ and court date etc.

I wonder if both mine and yours were not defended because they were so busy, or was it all because KJ is on holiday! lol

Anyways, congrats on your outcome, and please stick around to help the rest of us! ;)

 

m4n

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Hi money4nothing,

although they may not have responded in time, is it MCOL? if so select Judgement after the deadline, issue a warrant and execute ASAP then sit back and relax, dont contact them whatsoever (in hindsight I really should never of spoke to them via telephone) get all in writing, and they will be in touch believe me. Good Luck:D

LETS ROCK !!!:D :D :D

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Hi money4nothing,

although they may not have responded in time, is it MCOL? if so select Judgement after the deadline, issue a warrant and execute ASAP then sit back and relax, dont contact them whatsoever (in hindsight I really should never of spoke to them via telephone) get all in writing, and they will be in touch believe me. Good Luck:D

 

Hi again =)

Yeah it's MCOL...

Thanks for all your advice, it's appreciated.

I'll do what you advise...! :-D

 

m4n

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MCOL is moneyclaimonline.

 

As for help on the court claim, go to the FAQ's and Step by Step and help's there. If there's something that your still not clear about after that, post a question on your thread. (I had to when I filed).

  • Confused 1

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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I am due to send my court claim of tomorrow, what is MCOL? sorry if its a thick question.

ALso is there anywhere I can go to help me with my court claim form as I am finding it a bit of a head spin.

 

MCOL = Money Claim Online

 

http://www.moneyclaim.gov.uk

 

It's basically a way to take someone to court without getting out of your chair! =)

 

The help you need regarding filling it in is in the templates section...

To save you searching I've found the link for you :)

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/634-guide-notes-completing-moneyclaim.html

 

Have fun

 

m4n

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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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