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    • Hi Lolerz Thanks for replying to me, yes I've been ignoring her & will continue to do so. All she keeps saying is they want to come up with an amicable settlement. Keeps saying this to our receptionist she shouldn't be saying this to a receptionist or even me in the first place as they have given no proof of anything no IP addresses noting just keeps saying about an amicable settlement.
    • If a DCA supplies a reconstituted copy of the CCA what would be the next step? It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
    • Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed some of the worst tendencies in British politics”. “The only way to think about it is as a psychodrama enacted, for the most part, by a small group of middle-aged men who went to élite private schools, studied at the University of Oxford, and have been climbing and chucking one another off the ladder of British public life" Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ WWW.INDEPENDENT.CO.UK The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed...  
  • Our picks

    • 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 
      • 81 replies
    • 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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Bigas Vs Cap 1 **WON**


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Another day, another thread.

 

Today is the start of a new challenge. Have 2 Cap 1 cars for last 5 years. Sloppy paying led to loads of charges - sending SAR tomorrow to find out just how many and starting my challenge...

 

Will keep you all updated.

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Great Bigad123.

 

You will have to file with the court before they pay out in full. You will get the standard letter offering you the difference between the £25 they charged you all those years ago, and the £12 they charge now.

 

Stick to your guns, will keep a look out for you.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Afternoon all,

 

Behind my own deadline already - only by a day and did have a good excuse honesy..

 

Anyway am just about to type up my S.A.R & can only find the one in templates that refer to the bank charges, with this being for a credit card.

 

Is there a specific credit card one or can i just hack the words in the template to make it appropriate ??

 

Sorry for the stupid question, just really wanna make sure I get this correct as it will amount to a lot of money..

 

Thanks in advance

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  • 2 months later...

Just thought I would keep my thread updated, I have been gaining help through the RBS threads..

Anyhow 2 cards totalling charges and interest of £1500, sent prelim letter and have 1 week till deadline..

Here's hoping..

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You will have to file with the court to get your money back, they will soon fold as the claim notice hits the desk..

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi all,

 

Letter received this morning offering me the expected difference between the £20's and the £12.

 

Now I have received a response I am presuming I am ok to head straight into the LBA, wait the time and then file with the court..

 

Grateful for any advice - this is my first time, although am claiming back from RBS too.

 

After I nail this will be going after Halifax, Sainsbury and my main accounts with Lloyds, including 3 PPI loans. Just getting my knowledge and experience with these first.

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  • 3 weeks later...

Couple of days beind schedule as the birth of our little one on Wednesday.

 

However I have three cards that are past the LBA stage now and will be submitting to court tomorrow (2 Cap Ones and 1 RBS)

 

Not too sure on the process so may need some support tomorrow but will read up on process first..

 

Hopefully can resolve this quickly and efficiently now !!

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  • 2 weeks later...

Hi all,

 

Been getting some great advice from the peeps in the RBS threads. Submitting my claim to court first thing tomorrow morning.

 

Worked hard to ensure cheque and court correct, 2 sets of schedules (1 for court and 1 for defendant) & all of my paperwork and letters that have been sent.

 

This is now unchartered waters and I am hoping I can close this one down and then buoyed on by my success (?) attack the others with vigour..

 

Will keep you updated - hopefully some good news ???

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Couple of days beind schedule as the birth of our little one on Wednesday.

 

Congratulations, on the wee one :) Hope all's well, you'll have plenty time to sort out your claims now ;) well you will be up all night :p

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 2 weeks later...
  • 2 weeks later...

Thanks so much for being part of this journey.

 

Grateful for all of your help and received a letter yesterday stating I was to refunded in full.

 

Although all goodwill they were a bit sneaky and paid most of the monies to my card to clear balance whilst I am awaiting a cheque for the remainder. They have asked me to let the court now however will not be doing anything until I see my balance clear and a cheque in hand.

 

As soon as banked will be gratefully making my donation reflecting my gratitude.

 

Now i have two more court claims to file as awaiting the completion of this process first, combined with big PPI Lloyds claims and Lloyds Credit card & some HBOS credit cards.

 

Thanks again !

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CONGRATULATIONS Bigas :)

 

Now you can buy more nappies :p

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Morning..

 

I claimed 8% as that was how I started the initial letters after some advice here.

 

Although they have sent me the letter I am yet to receive the refund. Called them today and after the usual light entertainment dealing with their call centres they told me although they had agreed and updated the system accordingly they had not actioned the request yet.

 

The chap on the phone said dont give him a hard time as was not his fault.

 

Not really sure what to do now as the court date deadline is Wednesday and although they have admitted responsibility I am not going to do anything with the court paperwork until payment received.

 

Guessing this will all happen on Wednesday..

 

Good luck with your claims

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  • 2 weeks later...

Hows it gone Bigad? any news?

 

Hadituptohere :)

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Got back from a week away and finally my card has been cleared and a cheque sent for the balance..

 

Just filed my other capital one claim at the court - should hopefully be straight forward and only a small limit so cash back to boot.

 

Will donate when cheque clears now !!

 

Thanks for all of your help and support

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Great Well done...

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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