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    • Thank you both, I will make those changes. I have also downloaded the compensation list to add to the evidence and complete the protection bit off their website.  I am going to court next Thursday to deliver the bundle; I will confirm this on Tuesday. I have been to court a few times to represent the military when a soldier is in court, but I will be going. Thank you for all the additional advice. Once I have the whole bundle, I will email it to the admin email. Ill be honest, this is not about the money for me, I do not mind losing that, so I will not be signing a confidentiality agreement.   You guys are amazing
    • Actually there wasn't a massive amount of work to do on the WS.  The "meat" was there because of the great work you'd already done. Here is a version which I think is nigh-on finished. However, with Easter there are a few days for the other regulars to suggest tweaks. Defendant WS.pdf
    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • 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.  
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I recently started proceedings with my claim against RBS. In the absence of full statements for the last 6 years I obtained the last 6 months worth from a selection of online and written statements - it totalled £402 (inclusive of interest). I then wrote to RBS (05/09/06) requesting that the charges be refunded. I did this as a temporary measure pending the return of full statements for the last 6 years, which I am still waiting for. RBS then wrote to me (06/09/06) advising that they think their charges are fair blah blah blah, however as a goodwill gesture would offer £253 if no further claims were made relating to charges applied to my account.

Obiviously given that I'm waiting on full statements for the last 6 years, which I intend to claim for when received, agreeing to this would not be a wise thing as it would restrict me claiming a lot of money. Therefore what is the best action to now take?

a) Ignore the letter and wait for full statements then calculate my claim as a whole and start again?

b) Write to RBS advising I accept their offer, but advise I will still be claiming for charges made prior to the period I'm currently claiming?

c) other.

Thanks for your help.

heyheymymy

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I recently started proceedings with my claim against RBS. In the absence of full statements for the last 6 years I obtained the last 6 months worth from a selection of online and written statements - it totalled £402 (inclusive of interest). I then wrote to RBS (05/09/06) requesting that the charges be refunded. I did this as a temporary measure pending the return of full statements for the last 6 years, which I am still waiting for. RBS then wrote to me (06/09/06) advising that they think their charges are fair blah blah blah, however as a goodwill gesture would offer £253 if no further claims were made relating to charges applied to my account.

 

Obiviously given that I'm waiting on full statements for the last 6 years, which I intend to claim for when received, agreeing to this would not be a wise thing as it would restrict me claiming a lot of money. Therefore what is the best action to now take?

 

a) Ignore the letter and wait for full statements then calculate my claim as a whole and start again?

b) Write to RBS advising I accept their offer, but advise I will still be claiming for charges made prior to the period I'm currently claiming?

c) other.

 

Thanks for your help.

 

heyheymymy

 

It is your call but why accept £253 at all - accept as partial settlement and you will still be claiming rest. There is a letter in templates for this.

Consumer Health Forums - where you can discuss any health or relationship matters.

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NEVER agree to "full and Final settlement" or such like or indeed any form of words that have any effect of restricting your actions in the future.

 

As GIZMO11 says accept their money as part payment with no strings if you like but go for a full refund of charges and any interest they charged on them.

 

It's YOUR money - go get it back.

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Would my claim be predjudiced in anyway if I ignored their letter, continued to wait for my full set of statements and then started a new claim for the full amount charged from my account over the last 6 years including the last 6 months I've already put the wheels in motion for?

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Would my claim be predjudiced in anyway if I ignored their letter, continued to wait for my full set of statements and then started a new claim for the full amount charged from my account over the last 6 years including the last 6 months I've already put the wheels in motion for?

 

I don't know - but it is good practice to reply to correspondance - after all that is what we are asking them to do. You could just accept the offer as partial settlement say you waiting for statements and will re assess amount you are cliaming when you recive them. In any event they will probably withdraw offer then.

Consumer Health Forums - where you can discuss any health or relationship matters.

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  • 1 month later...

A quick update.

 

Declined RBS's offer. They then wrote back (on the 14th day) stating they would offer me the full amount providing that it was in full and final settlement. Wrote back advising I would accept it but made it clear I would be taking similar action once I received my full statement history.

 

Funds were put in to my account today!

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