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    • I've just started to read Carey v HSBC on Casemine, 
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation 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
      • 160 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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Please help - list of common failures


dave
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Hi all,

 

We all know that all companies cock up - some more than most.

 

I am trying to collate the most common cockups.

 

Please add to this sticky, preferably in a one line statement, the cockups that you have experienced over the years.

 

e.g.

 

DVLA ignored SORN declaration and I was fined.

Company XXX refused to refund me when good were faulty from outset.

 

etc....

 

All will become apparent soon....

 

Thank you.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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After market warranty company's reliance on the all encompassing 'wear and tear' exclusion clause built, as standard, within their policy documents and which they can always rely on to refuse a fully valid claim.

 

What part of a car is not subject to wear and tear when being driven?

 

More to the point, what part of a car is therefore covered at all?:-?

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Orange telling me over the phone I have a 12 month contract but 9 months later telling me it's an 18 month contract and they never called me when the phone was first bought, that anyone could have got my details!

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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Hi

Orange sim card went faulty, took them 6 weeks to agree to issue me a replacement sim card as they said it was my phone. I even went and brought a new cheap PAYG phone from Argos but Orange simcard still not worked. I asked for refund to cover loss of usage as my contract was due to end but no respond, so I refused to pay the last 2 months bill in lieu of them costing me loss of airtime. Sent 6 letters to Orange customer services but still no reply. If you ring them from a non-orange handset you get cut off or they pass you all around many different depts resulting in you getting additional bill as you can be on the phone for over 1 hour ! Also noticed that although my contact ended, they added a 'new charge' for Orange Care at £6 per month which is something I did not want anyway nor asked them for.

Still refusing to pay and battling this out. Got a debt agency letter threatening me if I do not pay this Orange bill. What sort of Customer services are they when they don't reply to customers?

Reeta

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  • 3 weeks later...
  • 4 weeks later...

Littlewoods sent a faulty brand new washing machine, refused to refund it, made me accept a repair, twice, which neither worked. Then put my account with debt collectors. Any phone conversations have resulted in rudeness from their operators, and refusals to put me on to their managers. I am now going to take them to court!

Abbey

  1. 29th July 2006 - First request for data sent.
  2. 11th August 2006 - Microfiche excuse received.
  3. 16th August 2006 - Reply quoting Data Protection Act sent.

HSBC

  1. 29th July 2006 - First request for data sent.
  2. 8th August 2006 - First statements started arriving with returned cheque.

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Direct Line Insurance gave me a hire car from Enterprise. On last day of hire I got a flat, my husband changed the wheel over just before we drove the car 4 miles to return it. Signed off car, explaining about flat tyre, which they said was no problem and they refunded me with a £50 deposit. The following day Direct Line telephoned to tell me that following my accident? I owed Enterprise £300 excess for the damages to the tyre and the spare wheel!! Already being charged £400+ per month from banks for excessive charges and in process of losing everything, so it feels like everyone is in for the kill now! See prior post. By the way, there was no damage caused by us, the spare wheel was already in bad shape and my husband told me to be very careful driving it.

Abbey

  1. 29th July 2006 - First request for data sent.
  2. 11th August 2006 - Microfiche excuse received.
  3. 16th August 2006 - Reply quoting Data Protection Act sent.

HSBC

  1. 29th July 2006 - First request for data sent.
  2. 8th August 2006 - First statements started arriving with returned cheque.

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BANK OF SCOTLAND - asked them to close 2 current accounts,(after I won back my charges ;) ) 1 had £26 balance, other zero. Branch said it would be done by head office and they would send me a cheque. 3 weeks later got a letter saying they had shut no.1 account and transferred the balance to no 2 account. Phoned and queried it, they knew nothing about me being sent a cheque and as no.2 account now had an active balance it would take a couple more weeks to shut and only THEN would I get a cheque.

As with all banks, the right hand has never met the left hand.

Bank of Scotland account 1 - £2,666 WON

Bank of Scotland account 2 - £2,500 on hold

GE Capital charges -£30 won (hey, every little helps!)

Barclays Partner Finance £425 charges - £225 offer accepted.

 

Finally debt free after 4.5 years, thanks to my Debt Management Plan through Payplan. There is no better feeling :D

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  • 4 weeks later...

Neighbours son just passed test left car in gear and drove straight in to our stationary car.Non fault accident to us reported it to insurance etc. Our car gets picked up by Midland recovery and gets taken to Holdcroft Body repair shop.3 days later get a call from Helphire who were appointed by our broker, asking where our car was :o . Holdcroft didnt know and Midland recovery said it had been delivered by them to Holdcroft the day it was picked up.Found this out after going to their office in person and saw the delivery note.So then took a trip to Holdcroft and our car was not on their system ....!Took it upon myself to walk through their entire ground and guess what our car was there the entire time!! What a bunch of so & so's!!

If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

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Ordering a pink nintendo ds + 2 games for my daughters birthday on argos website after being told all was in stock and then after paying with debit card told that the pink console was not in stock and they have refunded the money for the console. took me many phone calls to explain why the games were no good without the console.

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CURRYS stating that a Bright Green Flashing Pixel on a £800 Plasma TV which is 23 weeks old is a 'Purity Error' 'Within Manufacturing Limits' and therefore they will do ABSOLUTELY NOTHING to assist!!

 

£800 on a TV which 23 weeks later has a fault which ruins my viewing pleasure and all they can say is 'Tough Luck!'

 

Shocking way to treat a Customer!

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These are excellent - keep 'em coming.

 

It will all become apparent soon, I promise (had a bit of a delay due to personal issues).

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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I have had an Audi car from brand new. Bought from dealer. Had serviced by dealer to keep 3 year warrenty valid but the warrenty also had a 60,000 mile limit.

At at 2 years and 3 months old, but unfortunately at 62,000 miles, car failed to start. Was told it was the starter motor which was then a chargeable repair. I argued that to me, the mileage on the car had nothing to do with the amount of times the car was started but lost the argument and paid over £300.

That was in Jan 06

Feb 07, car failed to start again. Told by garage it was the starter motor that had failed but it was covered under 'a 2 year warrenty' so was replaced free of charge.

Nov 07, car failed to start again. Told by same garage (still audi dealer) that starter motor would be replaced 'this time' as it was within 2 years of my original paid for repair. Although I have asked them to detect any underlying fault that could be causing a starter motor to fail so often, I cannot be sure they have done this. But they have told me the replacement that has been done today is not guaranteed in itself, the labour??? is guaranteed for a year, but the guarantee on the starter motor runs out in Jan 08 - 2nd anniversary of me paying for the repair!

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Quinn Direct car insurance: ignored 2 letters giving notice that I would not be renewing the policy with them and took a new payment anyway. They then failed to refund me after promising to do so. Had to get the money back through the bank.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Virgin Media cut off services for non-payment before I receive the bill. Twice.

 

Must be common, exact thing happened to me. they said their system ran into a "glitch" and bills were not sent out, but I was still dissconnected from service. I had it reinstated after speaking to a few managers though, lol.

 

 

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O2 destroyed my mobile phone that was returned in error instead of returning it to me. [should have gone to 3G]

 

their excuse, security measures..Ha.

 

I took em to court and won..

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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A friend of mine took a 19" lcd tv back to the local Miller Brothers complaining about a dead pixel.

tv was one week old.

 

Turd in the shop argued it, but eventually took it into the back shortly returning showing a 1" scratch clearly visible in the centre of the screen.

 

Arguing for about an hour they told her to shut up and leave the store..

 

she did......OMG!!!!!

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Ordered bathroom cabinets from Wickes - cost £800. Next day a repeat order arrived. Despite my saying I had already received mine the driver insisted on leaving them. Rang next day to say I now had 2 lots - they said they would collect them. They never did. That was 3 years ago. My daughter now has a matching bathroom!

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I once received a voucher thru the post from Phones 4 u for £360. As I had never used that company for anything I was puzzled. I rang to see what it was about. The advisor said he had no idea and suggested I hang on to them and say nothing. No-one ever asked me to return it.

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  • 1 month later...

Boring one from me. Buying a suit. There was an OK looking one for a cheap price in the window. Asked to try it on. Was shown essentially similar looking suits for a higher price. Asked for the one in the window, they say they don't have any. I say goodbye then. Shocked salesman voice "but this is a much better suit." I still leave, and he sells me the suit at the window price.

 

Oh, and I had dodgy energy company salespeople around several times. One came, asked us if we were a British Gas customer, and said that they "just want[ed] to make sure that we're signed up for our discounts." Got quite rude when I asked him to leave.

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Oh, and some companies use "City Link" as a courier. I ordered something, and after ordering noticed that it was coming by a company called "City Link". Googled them. OH NO!!!!!! Seeing that they had a MO of saying you weren't at home when you were, I left a big sign for the courier on the front door and left it actually open, stayed in the front room and watched the door like a hawk. At 1pm, suddenly the status of my order changed to "delivery attempted (carded)". Phoned up to complain, and they tried the reputedly common trick of asking me what colour my front door was. They then say that's the colour the driver reported it as. (I wish now I had said it was bright pink). I contacted the original merchant, and cancelled the order. Then made another order with them based on an agreement that they would send the item out by Royal Mail.

 

Since then I won't order anything if it's coming to my home by citylink. They do seem to deliver to my (fairly large) workplace. But I won't waste my time ordering anything if City Link are going to be delivering it to my home.

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  • 2 weeks later...
  • 2 weeks later...
Guest louis wu

Sky...where to start, the whole concept of customer service is missing.

 

Disconeected after being 1 week later then invoice date. Upon complaint, told no-one available to take call etc, and they can do whatever they want with their service (told them exactly what to do with their service).

 

Bill payment by internet. The system is always down or failed or some other excuse. The alternative offered, an 0870 National rate number.

 

£4.00 charge for non direct debot payment, already discussed at length here.

 

you get the idea.

 

louis

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