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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • 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…..    
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      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.  

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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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I asked Nationwide to cancel a dd; they said there was no record of it, and then paid out


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A week ago, walked into a branch of N'wide to cancel this direct debit I vaguely remember setting up in September with a college; at the enquiry desk they could not find a trace of it. Similarly it wasn't listed in internet banking.Today it was paid out; £313. I telephoned; they said it was a temporary direct debit, whatever that is, and was irreversible.

How could the d.d. have been paid out if it wasn't on the system, and is the branch likely to reinburse the amount as a goodwill gesture, even though I can't prove I walked in there and spoke to the enquiry desk receptionist?

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A week ago, walked into a branch of N'wide to cancel this direct debit I vaguely remember setting up in September with a college; at the enquiry desk they could not find a trace of it. Similarly it wasn't listed in internet banking.Today it was paid out; £313. I telephoned; they said it was a temporary direct debit, whatever that is, and was irreversible.

How could the d.d. have been paid out if it wasn't on the system, and is the branch likely to reinburse the amount as a goodwill gesture, even though I can't prove I walked in there and spoke to the enquiry desk receptionist?

 

Then under the Direct Debit Guarantee Scheme they can repay it and the college can then take it up with you since you have tried to cancel it and they have given you the spiel of some temporary DD.....that is rubbish btw.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Direct debits are an agreement between you and the receiving organisation; your bank/building society are the 'middle man', paying automatically to the receiving organisation on demand. When you want to cancel, you must first speak to the receiving company to prevent them requesting payment from your bank/building society. That said, direct debits can be cancelled on the Nationwide system but only AFTER the first payment has been collected because the direct debit details do not appear on the Nationwide computer system until that payment has been demanded.

With standing orders, you have more control as the arrangement is between you and your bank/building society and therefore you can cancel or amend much more easily!

This explains why utilities et. prefer direct debit payments rather than standing orders!

Hope this helps a bit but sorry, you will have to go back to the receiving organisation to obtain a refund if your contract with that organisation was no longer required and you had notified them of such.

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"that said, direct debits can be cancelled on the Nationwide system but only AFTER the first payment has been collected because the direct debit details do not appear on the Nationwide computer system until that payment has been demanded."

 

That is true but that is not what the direct debit guarantee says. It says you can cancel the direct debit at anytime. I believe this is a major flaw in the system and there is no consistancy.

 

Case in point I recently changed my energy supplier and I could see the new direct debit mandate sitting on my account before the first payment was taken. Yet I have had instances where it did not show up prior to the first payment being taken and recall many customer being in a similar situation.

 

Surely it should be one or the other not just random?

 

Also assuming the payment was not required there is no need to go back to the company which took the direct debit. If an error has been a direct debit indemnity claim will sort it out. The advice to get a refund from the originator is often given but is incorrect.

 

In my experience many bank staff are unfamiliar with the DD guarantee and what it means so it might be an idea to obtain a copy. The usualy process for an indemnity claim is that the bank will credit the funds back to your account (timescales vary, which is in itself a scandel but not relevent here) and claw back the funds from the originator behind the scenes.

 

I genuinly don't know what happens if the originator insists the payment was due and they had a valid mandate. I believe you could raise an indemnity claim on any direct debit payment and the onus would be on the company to show that it was legitimate.

 

Ps I too agree that talk of a temporary DD is BS. Two ex-bankers can't be wrong. Although that phrase does sound distinctly dodgy. I'm going to be quite now.

Edited by indebtstudent
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The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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