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    • Aesmith - Thank you for your recent interest in my issues.  Input on people's topics can be most useful from specialised experts or those that have similar experiences.  Some people really struggle with knowing what to do (I certainly do) - so it is most useful and helpful and reassuring when solid sensible advice is offered.  I have found there to be some very kind, helpful, supportive and legally knowledgeable people here on cag over the years - who give sound legal advice for people to roll up their sleeves and follow up on.   Of course, sometimes it can be quite challenging sifting the wheat from the chaff.  I don't have lawyer or barrister.  I sometimes attend pro-bono legal clinics for help.  And sometimes have access to barristers via a pro-bono service called Advocate.  Both ad-hoc. Pro-bono means 'free'
    • The Judge was wrong. The keeper is only INVITED to say who was driving, there is no obligation for them to say.
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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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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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chardonnay v's egg 'won'


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just got letter saying egg are giving me £551 back (including interest charges)

 

process started on 23/5, they offerred £88, i refused using a letter on here - thanks- and then got back full amount.

 

 

many thanks

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  • 2 weeks later...

Could someone please give me a rough guide(which letters to use and in which order etc?) as to how I can go about claiming back charges from these parasites?

 

Thanks,I have had just about enough of them,paid £150 two days ago and my statement was today(and interest charges),and my payment hasn't cleared yet so I got charged as I went over limit.

 

Sick of it.

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http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/69359-cant-find-what-youre.html

 

Egg have become so conciliatory in recent months that reclaiming charges and interest no longer requires expensive court form filling. They know the drill and ritual better than you, and nowadays want to waste time less than you. They just want to repay after going through 2 approved steps.

 

If you do need back statements, just a request written in plain English will do, £10 for the full (1-inch thick) set, or £5 for charges listing. The former will be better if you intend to reclaim interest accrued on unlawful charges at a debit interest rate which flucuated from time to time.

 

When you have your itemised reclaims listed or spreadsheeted, send a letter requesting refund of charges and interest, in plain English or using one of the template letters above. A template reply will come back, saying that Egg has reduced charges to £16 as specified by OFT, but that you have said the charges were unlawful without producing evidence.

 

For reply, the moc1982 template letter in V-E Day thread has worked for everybody else, this is the key letter. Once you have the statements, repayment takes but a week or so, going by recent experience.

 

If you are seeking full refund of only one charge, a letter in plain English will probably be sufficient, as proved the case for some.

 

 

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Well I have accrued an extensive amount of charges over history of my Egg account(almost three years).

 

Would someone(ideally someone that has won against Egg)be so kind as to post..or PM me their opening letter?

 

I don't really know what jargon to use.

 

Thanks.

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How ya doing Martin, ill try and point you in the right direction.

 

First things first, open your own thread, so you and everyone else can see your timescale and you can explain and request help directly associated with you. newthread.gif

 

Then you could have a look through here, to get more of an idea, the jargon you need to know, need how to use and need to know what the banks are replying with.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html

 

and

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html

 

Then when you have read enough and ya getting the hang of it, you can send your letters to Egg, or any other bank you wish to take on :) and believe me, this site is like Pringles, once you pop you can't stop :D

 

Anyway when you get to the letter stage there are templates that you can adapt for yourself here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

 

I cant stress how important it is, just to read threads and get a hang of it all. In the beginning i was only going to persue 2 of my creditors, since joining, im doing them all for numerous things, just on the knowledge i have picked up on here and also had my first win today wooohooooo:D

 

Good Luck with it :)

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I am so sick of them,

I politely asked them to refund the charge as I had paid £150 pounds off the card,not knowing(I honestly wasn't aware of this)that your payment had to clear.

 

The next day I was hit with a fee,

and they sent me back a sanctimonious response which infuriated me.

 

I just stopped short of sending back an email telling them I was going to go through small claims to recover the money they have taken from me unlawfully.

 

Thanks for your input Wednesday.

 

PS....do I need ID to claim back from Egg?

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