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    • Hello dx100uk, After months of waiting for a response I finally got a reply and I must say it was the worst 4 months of my life the - fear of the unknown. So, they wrote back and said I was in the wrong BUT on this occasion they  would not take action but keep me on file for the next 12 months. It. was the biggest relief of my life a massive weight lifted -  I would like to thank you and the team for all your support
    • I have contacted the sofa shop who are sending someone out tomorrow to inspect the furniture. I suspect if anything a replacement will be offered although I would prefer a refund. Few photos of the wear in the material, this is how it was delivered.  
    • Yup, for goodness sake she needs to stop paying right now, DCA's are powerless, as .  Is it showing on their credit file? Best to use Check my file. All of the above advice is excellent, definitely SAR the loan company as soon as possible.
    • Hi all, I am wandering if this is appealable. It has already been through a challenge on the Islington website and the it was rejected. Basically there was a suspended bay sign on a post on Gee st which was obscured by a Pizza van. The suspension was for 3 bays outside 47 Gee st. I parked outside/between 47 & 55 Gee st. I paid via the phone system using a sign a few meters away from my car. When I got back to the car there was a PCN stuck to the windscreen which I had to dry out before I could read it due to rain getting into the plastic sticky holder.  I then appealed using the Islington website which was then rejected the next day. I have attached a pdf of images that I took and also which the parking officer took. There are two spaces in front of the van, one of which had a generator on it the other was a disabled space. I would count those as 3 bays? In the first image circled in red is the parking sign I read. In the 2nd image is the suspension notice obscured by the van. I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks.   This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator.   Gee st pdf.pdf
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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.

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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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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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