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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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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.
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      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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OFT slams high street banks over 'complex' current accounts: The Telegraph- 16/07/08


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OFT slams high street banks over 'complex' current accounts - Telegraph

 

"The Office of Fair Trading has attacked Britain's high street banks for generating more than £8bn a year from current accounts that are too complex and fail to offer customers transparency

 

The OFT said that banks are raking in £8.3bn a year from complex current accounts which customers do not understand.

A significant number of customers do not know how much they actually pay in bank charges, either before or after they are incurred, it added. The total average unauthorised overdraft balance in 2006 was £680m, generating penalty fees of £1.5bn alone.

In its report today, Personal Current Accounts in the UK, the OFT said that current accounts 'are not working well' for consumers."

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Office of Fair Trading threatens banks over current account charges - Times Online

 

"The Office of Fair Trading (OFT) today threatened to report banks to the Competition Commission after finding that the current account market did not offer good value for customers.

Following an investigation by the competition watchdog into the £8.3 billion current account industry, John Fingleton, chief executive of the OFT, said that retail accounts were a "vital gateway to effective participation in the economy. "But this market is not serving customers well," he said. "There is much the banks could do to improve how the market works."

Banks make an estimated £152 per year per active account.

The OFT will spend the coming months working with banks and consumer groups to improve the industry but, if necessary, would consider imposing heavier regulation of current accounts or making a referral to the Competition Commission.

 

The OFT found that a significant number of bank customers did not know how much they paid in bank charges, even after they have incurred the charges. The investigation found that about 1.4 million people pay more than £500 a year in bank charges, hitting "vulnerable" low income earners. More than 75 per cent of people do not know the credit interest rate offered on their account.

Meanwhile, complexity of accounts made it extremely difficult to compare them, the OFT said. Just six per cent of customers surveyed by the watchdog switched their account in the past 12 months, making Britain's one of the lowest switching rates in Europe.

Banks are opaque about how they derive revenue from current accounts, with 81 per cent of their income coming from bank charges, worth about £2.6 billion a year. Current accounts generate more revenue for banks than savings and credit cards combined, the OFT said.

The damning findings come in the wake of the OFT's recent High Court win over the bank on the legality of unauthorised overdraft charges. Banks have appealed against the verdict and a second hearing on whether the charges are unfair and what a fair charge would be has been delayed until the appeal is heard."

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Sky news article, same issue

 

Office Of Fair Trading Report Says Bank Current Accounts Not Working Well For Consumers | Business | Sky News

 

"An Office of Fair Trading report on personal accounts found that there was a lack of transparency in the way banks operated and that competition was not working in the market.

The study found that banks make £8.3bn from personal accounts - more than they reap from credit cards and savings accounts put together - but that 81% of this income is made "opaquely".

It revealed that £2.6bn came from overdraft charges while a further £4.1bn was "net credit interest income" - the profit made after banks have paid customers their interest.

The watchdog also found that more than three quarters of consumers did not know how much interest they should earn on their accounts.

It said this lack of understanding accounted for the low rate at which Britons switch banks.

Only 6% of consumers have changed banks in the last year - one of the lowest rates in Europe.

OFT chief executive John Fingleton said: "Personal current accounts are a vital gateway to effective participation in the economy.

"But this market is not serving consumers well."

He went on: "Customers lack the information they need to choose the best deal, and this in turn weakens the banks' incentives to compete.

"There is much the banks could do to improve how the market works, and we hope this report will encourage them to take steps to do so in the near future."

But the British Bankers' Association said the report did not take into account the cost of providing the services.

It said: "The OFT's market study contains many good points but some of its numbers are difficult to rationalise as they use assumptions and averages and, importantly, do not recognise the costs of providing the services.

"UK banks offer a wide range of products and services and are committed to providing their customers with high quality service and accounts to meet all their financial needs.

"The retail banking market is open and competitive."

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Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

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Personal current accounts in the UK - a market study

 

executive summary

 

Full text of the report can be found here, (Probably posted somewhere else on site and discussed further, but I havent found it yet :D:D

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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Yes all in this thread

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I like the look of note 8 on page 4 of the EXECUTIVE SUMMARY

 

it reads: "during the course of this market study, the OFT has seen bank`s internal documents on the level of charges that include statements such as: `in order to maximise fee revenue, whilst maintaining our competitive position, selective increases in (insufficient fund s charges) are proposed`, and `increasing (insufficient funds) charges will have less impact on our marketing position..... due to its lower visibility`

makes me wonder, do they have these documents and will they be using them at the next test case hearing?

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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Hello my friend Stone!! :) I hope you and your family are really well!:)

 

The documents will hopefully surface, there's cartainly lots that could help our case, but, will that happen? There is evidence in our favour, absolutely everywhere, it depends on what is called as evidence during the case.

 

Nice to catch up!

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Hello my friend Stone!! :) I hope you and your family are really well!:)

 

The documents will hopefully surface, there's cartainly lots that could help our case, but, will that happen? There is evidence in our favour, absolutely everywhere, it depends on what is called as evidence during the case.

 

Nice to catch up!

 

All keeping well Kenny, nice to catch up !!

stating to get busy at work again, but will make time to keep up with all friends here, like tilly, rough patch at the mo, and one or two others. help out where I am able or give directions when i am unable. ;)

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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