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    • If you do get a letter of Claim and or Pre Action Protocol pack 15. Where there has been non-compliance with a pre-action protocol or this Practice Direction, the court may order that (a) the parties are relieved of the obligation to comply or further comply with the pre-action protocol or this Practice Direction; (b) the proceedings are stayed while particular steps are taken to comply with the pre-action protocol or this Practice Direction; (c) sanctions are to be applied. 16. The court will consider the effect of any non-compliance when deciding whether to impose any sanctions which may include— (a) an order that the party at fault pays the costs of the proceedings, or part of the costs of the other party or parties; (b) an order that the party at fault pay those costs on an indemnity basis; (c) if the party at fault is a claimant who has been awarded a sum of money, an order depriving that party of interest on that sum for a specified period, and/or awarding interest at a lower rate than would otherwise have been awarded; (d) if the party at fault is a defendant, and the claimant has been awarded a sum of money, an order awarding interest on that sum for a specified period at a higher rate, (not exceeding 10% above base rate), than the rate which would otherwise have been awarded. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct   .
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • Thanks all! My wife was driving at the time (took our daughter to get new school uniform) and I wasn't there so I'm not sure what the signage was actually like, but yes, Parkopedia says 2:30, so it's barely over that. I will check it out with her when she gets home later, I haven't even told her about this yet as she'll probably be quite upset. So - likely my best response at this stage is to just wait it out until a Letter Before Claim arrives?
    • check mcol does it state DQ N180 sent to you? if it does then: https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148 3 copies yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket) 1 wit you Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally') the rest is obv 1 to the court 1 to their sols (omit phone/sig/email) if no sols send to claimant 1 for your file   dx
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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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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Loan-Options.net Getting a Refund


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Hope this is in the right place

 

Has anyone dealt with this company?

 

A family friend signed up with Loan-Options.net recently and had £64.75 debited from his bank account.

(£34.75 registration fee and £30 (£1 per day for 30 days) membership fees.

 

They appear to offer access to payday loans and other services but deny they are Credit Brokers or intermediaries.

 

Immediately this was discovered we emailed the company and cancelled the "membership" and asked for a refund.

The company refused a full refund and only offered a refund of the 30 day membership fee.

 

I phoned the company and spoke to "Megan".

I stated that as we were cancelling within their 14 day cooling off period we wanted a full refund less the maximum £5 they were allowed to take under Regulation 155 of the Consumer Credit Act.

 

Megan denied that they offered a 14 day cooling off period and didn't comment when I pointed out that I had a copy of their T&C's in front of me which clearly states:-

 

"Cancellation Rights

Being as this contract is a service contract for a membership scheme We offer a 14 day ‘cooling off’ period during which time You may cancel the agreement: Services are provided immediately following signup meaning cancellation within 14 days will result in a reasonable service charge being applied.

Refunds are calculated on a pro-rata basis depending on the number of days membership used - £34.76 Setup Fee plus £1.00 per day of membership".

 

I asked to speak to someone higher up the tree and was put through to "Josh" an accounts manager.

 

This account manager in response to my attempts to get a refund responded as follows,

 

"We are not brokers and therefore not covered by the Consumer Credit act.

Therefore we do not have to comply with Section 155 of the Act.

Our refund policy is as stated in our T&C's."

 

I pointed out that surely the point of a cooling off period is that the customer can change his mind within that period and receive a refund.

He offered a further £5.

 

I asked for his surname

He replied that he doesn't divulge that information.

 

I suggested that they may not be brokers but they were credit intermediaries and therefore must be covered by the CCA.

(I think that they should have a least a Category C license)

He replied "No"

 

Their website home page gives a consumer credit license number so surely they must abide by the CCA and give a full refund less £5?

 

Any advice on how to proceed to get a full refund appreciated

 

Finally what do you make of this extract from their T&C's?

 

"In the event that any of these terms (each of which is severable) is for any reason illegal, invalid or unenforceable, such provision is to be deemed modified sufficiently to render it enforceable, legal and valid and of similar effect as We intended. Apart from provisions expressly covering associate companies, nothing in these terms is enforceable by anyone who is not a party to them."

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  • 6 months later...

in regards to loan options and most other companies ,

 

there is a way to get round their fee charges ,

 

now most of these companies don't make it clear on the website ,

that there will be a fee taken , but it can take up to 62 days to take their fees from your account,

 

all these companies are are brokers ,

they will send you links like shopacheck and sunny and so on ,

but its just as easy for you to do it yourself ,

 

rather than ring up ranting to the customer advisor how u have had all your money taken

from your accounts because of the fees charged ,

 

just go straight to your bank and do a chargeback ,

 

dont mention fraudulent activity because 95% of the time it really does not help you ,

 

just go straight in with a chargeback for an unauthorised payment taken,

 

that way u will get all your money back ,

 

not have to wait and go through a procedure to get it ,

 

and it finally makes the company look bad if all these chargebacks are going to their company

 

what i suggested earlier is this - only go for the chargeback if u have just noticed the funds taken from your account , dont mention to ur bank u have applied on line for a loan , as they will tell you that i need to follow the procedures of the company to get it bk , and therefore u will incur adminicon fees and charges from the company for so called keeping the account open ( its a delay tactic really on there part) even if u rung up to complain to the company tell them u are going straight to ur bank to do a chargeback and 99% of the time they will refund u within 7 days with a full refund to it works

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