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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!  
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Wrong Account Paid


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I've inadvertently paid £5,000 to an account from my online bank account.

 

I was rather stressed and assumed the payment details I'd already set up were correct. However when the payment didn't show up on my credit card statement I then double checked and realised the wrong account had been used.

 

The tricky thing is that the account I paid into belonged to my daughter. I'm not sure if the account is still valid as she has now had some sort of debt repayment order which may or may not have included this card.

 

I'm abroad on holiday and won't be back until next week and although I have my phone with me I can't get a signal to make calls.

 

What is the best thing to do? Contact my bank to see if they can reverse it or contact the credit card company? Both accounts are MBNA which is how the mix up happened.

 

I'm not sure if there was any outstanding debt on my daughter's account but, if so, can they keep it to pay off any debt owed even though she has this order arranged.

 

I'm vague about what the arrangement she has although it was done through a third party debt help company which lumped all her debt together and she now pays a monthly sum to them. I don't want to get my daughter involved if possible because she's not very reliable.

 

If I lose this money I will not be able to pay my debt as I have very limited income.

 

Any advice would be great before I try and sort this out. Please ask if you need any further clarification.

 

Many thanks in advance.

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One problem here is that the receiving bank is your daughters bank and not use so they will refuse to deal with you.

 

You should certainly contact your bank immediately. You should do it on the phone if you can and make sure you record the call but also follow-up in writing.

 

Your daughter should contact her bank and explain the error. Once again she should do this on the phone immediately but also in writing. I would suggest that she basically sends a letter of appropriation. This is normally used to protect certain priority payments but I don't see why it shouldn't be used to protect money which has been paid in error.

 

A letter appropriation would be headed "Letter of Appropriation" and then go on to say that this is to inform the bank that X number of pounds paid into her account on X date was paid in by her mother in error and that the funds do not belong to her and they must be returned and not applied to any debts or payments.

 

You need to do all this now. I'm sorry that you are on holiday frankly if you have made this mistake then if you delay then it will cause you problems.

 

When you get back from holiday come back here and we'll see if we can help you further if the bank turns out to be uncooperative – which it probably will.

 

I think the letter of appropriation is extremely important because that will make things clear beyond doubt. If they then go on to ignore that then I think you have a basis for an effective complaint.

 

Although you are abroad, you need to get these letters off to the two banks by guaranteed next day delivery – even though that will cost you quite a lot of money

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You are right. I am trying to sort it out.

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