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    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
    • Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning,  Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email.  When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item.  Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again.  Unfortunately, we would be unable to offer you an enhanced payment on this occasion.  If I can assist further, please do let me know.  Kindest Regards Claims Team and my response Good Afternoon  Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..    
    • IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05.   He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant.  what is the next step now? thank you UCM  
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Setup a CIFAS forum ?  

4 Caggers have voted

  1. 1. Setup a CIFAS forum ?

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Ladies/Gents,

 

First posting, and I think it's best to start it with a warm thank you and well done to everyone here that's fighting for rights we once took for granted, and which have now been eroded so much, that nothing short of a revolt by all of us is likely to make a difference.

 

Down to business ..

 

I don't know how many other people here have been affected by one hidden nightmareishevildamonicvampire called CIFAS. I have a feeling there are many, and yours truly is one of them.

 

Rather than go into enormous detail, I'm posting this thread to gauge interest, and to find out the process about creating such a forum, dedicated specifically to victims of CIFAS and their subscribers, and to share experiences, thoughts ...etc in much the same way as all the other forums do.

 

Thanks once again ..

 

prof.hell

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Hi Profhell

 

Definitely set up a CIFAS forum. I don't know what to do about them. I have a warning on my file that isn't even in my name ! A new tenant at my old address has committed some kind of fraud against Lloyds TSB, and I'm being penalised. Now, a job I have applied for is possibly in jeopardy, as my "financial status" will be checked, and any fraud warnings will mean my application is rejected. What can I do?

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Hi Profhell

 

Definitely set up a CIFAS forum. I don't know what to do about them. I have a warning on my file that isn't even in my name ! A new tenant at my old address has committed some kind of fraud against Lloyds TSB, and I'm being penalised. Now, a job I have applied for is possibly in jeopardy, as my "financial status" will be checked, and any fraud warnings will mean my application is rejected. What can I do?

 

Hi Louise,

 

I've just started a thread in the General forum: http://www.consumeractiongroup.co.uk/forum/general/24012-new-view-cifas.html

 

As to what can be done about it: pretty much nothing, and it WILL affect you because it is address based as opposed to individual based. The only effective way I've found is to wait for the warning to expire, and the time it takes is little over one year PROVIDED no further "fraudulent" activity is reported and the rest is in that posting.

 

I'm still gathering votes for the forum, and once enough people have voted and the moderators have created the forum, I intend to take active steps to bring legal action against CIFAS and it's membership scheme for their recklessness in abusing the DPA and for effectively operating above the law.

 

So .. this is an open invitation for everyone to vote for the forum creation, and a request to the moderators to create such a form. I'd be happy to dedicate time and resource to moderate that forum if that's ok with everyone, as well as contribute towards the costs of the proposed legal action.

 

One thing you could do which would help, I found, is to post a notice of correction onto your CRA files with all three CRAs (Equifax, Experian and CallCredit) explaining that there is no link between you and the individual(s) concerned and to request further verification from yourself when searching your file.

 

Such notices are useless for credit applications, but will make a difference for things like job apps, id verifications and such like.

 

Good luck ..

 

prof.hell

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Thanks Prof, for the advice

 

Funnily enough, the warning was placed on my file exactly a year ago today, under someone else's name when I hadn't even lived at the address for over three years. Do the warnings expire after a year? If so, then hopefully it will be removed soon. I'm paranoid about losing this job though.....please keep in touch re. the legal action.....I'd be very interested in the outcome,

 

Thanks again

Louise

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Thanks Prof, for the advice

 

Funnily enough, the warning was placed on my file exactly a year ago today, under someone else's name when I hadn't even lived at the address for over three years. Do the warnings expire after a year? If so, then hopefully it will be removed soon. I'm paranoid about losing this job though.....please keep in touch re. the legal action.....I'd be very interested in the outcome,

 

Thanks again

Louise

 

Hi Louise,

 

You are very welcome.

 

Warnings do expire in just a little over one year (14 months in mine and others' experience), provided offcourse that the individual concerned is not on their radar again.

 

Now to address your concerns: first of, that's a previous address of yours and the warning is in someone else's name, so the odds are stacked in your favor whenever someone does a search. Second, do add that notice of correction to your file stating that a) you have no link to the individual concerned, and b) that if someone searching sees the flag, they are to ask you for further verification before taking a decision.

 

Doing so would give you a legal advantage should you need to argue the case with anyone.

 

Finally, linked address data, including previous address information, are removed from the record after 6 years. This is something the CRAs will not tell you, but is infact true to the tee.

 

So .. if I were you, I wouldn't worry about loosing the job opportunity because of this CIFAS warning - just concentrate on winning the interviews ;). CIFAS are evil, but in your case, common sense, the legal argument and the notice of correction suggested will firmly close off that front.

 

Best of luck with your job app, give 'em hell girl :)

 

Take care ..

 

prof.hell

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  • 1 month later...

Hi Profhell

 

we definatly need a forum,

 

I though CRA's and DCA's where the bottom on the morrally bancrupt barrell but CIFAS seems to take evil to a ew level

 

I cant tell you how much trouble a CAT4 marker has caused me because of some over zealous halifax employee in the fraud department. Basically i was out of the country for two years. The bank employee was bamboozled by the computer because it didnt cater for me to have a previous foriegn address so he put my current uk address down for the last five years. ignoring my previous uk address which is why they cifas'sd me. I already have a basic bank account with halifax so i didnt think it would be a problem.

 

I'm probably going to lose my job over this. I have to go through a financial background check to get cleared. I cant tell you how much this makes me angry and how much it annoys me that i can do zereo about it. i didnt even knew i had till after i had reapplied for a upgraded account and it got sent back

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  • 1 month later...

it dosent matter if only 250 of the 4000 lenders in the uk are members. All of the major high street banks are members and a cifas marker will appear on a credit record for anyone doing a search on you too see.

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it dosent matter if only 250 of the 4000 lenders in the uk are members. All of the major high street banks are members and a cifas marker will appear on a credit record for anyone doing a search on you too see.

 

It does matter if you think you are FULLY protected by CIFAS Protective Registration and you end up being a ID theft victim.

 

The CIFAS Marker is only made available to CIFAS members.

 

LIke I said it's the INDUSTRY's Fraud Avoidance System, designed to Protect CIFAS members (High Street Banks) and NOT the indiviudal.

 

I'd bet you can't get a list of CIFAS Members

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