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    • 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.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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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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Sandra v the YB **SETTLED**


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Hi everybody

 

I have been reading people's threads, with interest, for quite a while now and don't feel so alone anymore. I have already received my 6 years worth of statements and have just used the letter from the library asking for repayment of charges. I will be hand delivering it, together with my calculations, to my branch tomorrow.

 

I know that if I don't get a positive response within 14 days I have to send a letter before taking action, giving them another 14 days. Which letter is it in the library - this isn't making sense to me?

 

Please advise.

 

Regards

Sandra

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:)

Hi & welcome - you've actually answered your own question!

 

1st letter is the Preliminary Letter, followed 14 days later by the Letter Before Action, which gives another 14 days.

 

Any more questions please ask, oh - and good luck!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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I've received the 'no deal' response from YB and having read it, it sounds like they know what they're talking about and have made me feel like I don't. This is the point when I could easily say I'll just forget it. Everything they say seems to make sense and that basically I am responsible for the running of my account.If I've overdrawn on insufficient funds then I haven't complied with the Bank's standard terms and conditions and charges where applied in accordance with those terms and conditions as a result of my poor management.

 

Should I go ahead with the next step? Was this to be expected?

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Absolutely to be expected and they will keep telling you it's your responsibility.

 

Dont listen to them.

 

The charges in their terms and conditions are unlawful, and they know it.

Yorkshire Bank £4697 Settled in full:D

Bank of Ireland Mortgages £1055 + Interests + costs Settled in full

MSDW £495 Settled in full

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I've received the 'no deal' response from YB and having read it, it sounds like they know what they're talking about and have made me feel like I don't. This is the point when I could easily say I'll just forget it. Everything they say seems to make sense and that basically I am responsible for the running of my account.If I've overdrawn on insufficient funds then I haven't complied with the Bank's standard terms and conditions and charges where applied in accordance with those terms and conditions as a result of my poor management.

 

Should I go ahead with the next step? Was this to be expected?

 

This is what they want you to believe, remember that the banks have been running the show since day one, and they're still behaving as if the customer is wrong and they are right. Funny that, because most decent businesses behave in a completely different fashion.

Yes, you are responsible for running your account, but they also have to play fair too. To charge you £35.00 for a DD bouncing is unfair as this actually costs them less than £1.00 as their system is almost fully automated. No-one actually looked at your account and hand wrote a letter to you every time a DD bounced.

The main 4 banks make about 3 billion pounds a year from overcharging their customers in this way.

Yes, 3 billion pounds!

Disgusting isn't it, to make such a huge amount from customers mistakes? :mad:

In October last year, the Office of Fair Trading said that even with manual intervention they couldn't see any way that it could cost more than £12.00 for a charge like this.

Some banks have reduced their charges accordingly, but since the system is almost £100% automatic, they're still ripping off their customers at £12.00. :o

And YB are still charging £35.00 each time! So they're ignoring the OFT.

 

Follow the advice in these threads and the FAQ's and they will have to give you back your money that they took out of your account unfairly.

 

Ask for help and you will get it here, we're all in the same boat and there's always someone who will help you out here.

 

Isn't it nice to know that someone will help you get your money back?

:)

19/6/06 Data Protection Act letter sent recorded delivery.

27/6/06 Confirmation of receipt from Clydesdale Bank. Awaiting statements.

7/7/06 Statements arrived in the post - all 3 accounts as requested. (This took 18 days in total).

10/07/06 3 accounts - £898.00 excluding interest of £216.61 - Prelim letter posted by recorded delivery.

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I'm not sure how to "quote" someone because i'm new to forums, but the part below was written by Andy Wade. Sorry to hijack the thread - but I already knew what Andy had said - which is the whole point of us all claiming our money back, so I thought you all might find the letter I recieved from CB today telling me that the charge for returned DD's etc is being increased from £22.50 to £25.00 as chucklesome as I did....Andy has quite rightly stated that the banks are already illegally over charging - so instead of putting costs down like they should be doing according to the OFT and to stop people from reclaiming huge amounts - Clydesdale once again show their true colours...Well done Clydesdale for cheerin me up today!

Yvonne

 

 

Disgusting isn't it, to make such a huge amount from customers mistakes? :evil:

In October last year, the Office of Fair Trading said that even with manual intervention they couldn't see any way that it could cost more than £12.00 for a charge like this.

Some banks have reduced their charges accordingly, but since the system is almost £100% automatic, they're still ripping off their customers at £12.00. :shock:

 

 

October 2006 - Full amount claimed from CB current account.

 

November 2006 - Letter recieved from CB mastercard saying beat it - all the charges were applied correctly.

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I'm not sure how to "quote" someone because i'm new to forums,

 

There's a button in the bottom right hand corner of each posting box, it says 'Quote'.

You're probably using the 'Add Reply' button at the bottom left of the page instead, this doesn't quote the previous post you're replying to.

19/6/06 Data Protection Act letter sent recorded delivery.

27/6/06 Confirmation of receipt from Clydesdale Bank. Awaiting statements.

7/7/06 Statements arrived in the post - all 3 accounts as requested. (This took 18 days in total).

10/07/06 3 accounts - £898.00 excluding interest of £216.61 - Prelim letter posted by recorded delivery.

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Just to haul things back on track again ;)

 

Keep going Sandra, you'll not be left on your own - there's loads of others in the same situation as you (one of which being ME!).

 

There's another Mod, Caro, that's taking on the Yorkshire, along with several very helpful others that are often lurking around on this forum, so help is very much at hand!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Hi Sandra. Yes I'm here too. You could read my thread, Trundlecats, PJDudley and several others to see how we are getting on. YB do like to try and put you off but they are up against some fearless folk here. You have just been fed the usual rubbish, so keep at it.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hmm, there's someone called Sandra Shaw lives 2 doors away from me. Do you have a caravan in you back garden & own a celebrity dog?

Yorkshire Bank £2201.24 - Settled in full

My Abbey £731.34 - Settled in full

Hubby's Abbey £1239.49 - Settled in full

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:confused::?: OK Fellow Bankbusters,

 

Do I now complete the application form to the court and if so do I send it to the County Court or the Small Claims Court? Sorry for my ignorance on this subject but I have never had any dealings with any courts and I don't want to look silly by sending it to the wrong place (I want to look like I know what I'm doing!).

 

The bank's letter said that if they didn't receive a response from me within 8 weeks of their letter, my complaint would be considered closed. Am I supposed to be responding them or will the Court contact them within that 8 week period?

Should I be advising the bank that I have sent claim to the court?

 

Please advise.

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I look forward to the updates Sandra. I suggest that you use the time to check out MCOL and what is involved with that. It has lots of guidance and advice on there which is useful.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Sorry Sandra. After a while you get used to the jargon and forget that some people are newer to all this. MCOL is Moneyclaim on Line. Look at number 5 in the step by step instructions. There is a link to the website there too.http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/243-step-step-instructions.html?highlight=moneyclaim

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi

new to all of this but have managed (eventually!!!) to get a statement from Clydesdale, i have defaulted in the past and have now arranged a regular payment amount. I am unsure whether i can claim back my charges (in excess of £1000) and how i work out which charges i can claim, most of them are for late payment letters, sometimes two a month. i have been paying for 6 years, my initial spend was £445 and i have paid back over £1500. ANy help with how to work this lot out would be most appreciated.

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Hi Vicki and welcome.

 

The best place to start is by reading the FAQ's and step-by-step instructions, and use the letters in the forums bank templates library. It takes a few days reading to take it all in but it's worth spending the time so that you understand what you are taking on. Clydesdale are proving hard to crack, so you must expect to do a court claim, so it is vital that you research thoroughly so that you are confident in what you do.

 

Also start your own thread so we can all follow your progress and offer advice and encouragement.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Caro

Thanks for directing me to the MCOL (God! - I'm at it now!). I've had a browse through it so I have an idea of what to expect and it doesn't seem too difficult with all the help that's at hand. I'll advise again following the 14 day deadline for the LBA (I'm getting good at this).

 

Also, welcome to Vicki.

Regards Sandra

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Update -

 

Following my LBA, I have now received a reply from YB together with a cheque for £215 being half of what I have claimed (not including any interest of course!).

 

I believe my next step will be to respond with 'thanks, but no thanks, unless this is partial settlement' and give them 14 days to make payment in full. During the wait I'll be studying the 'moneyclaim online'.

 

Will the bank automatically calculate the interest because as yet I haven't made them aware of the 8% interest charge. I think I was right to exclude it from my original schedule of charges. Shall I send them another schedule with the interest charges shown together with the letter?

 

Regards

Sandra

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.

 

Will the bank automatically calculate the interest because as yet I haven't made them aware of the 8% interest charge. I think I was right to exclude it from my original schedule of charges. Shall I send them another schedule with the interest charges shown together with the letter?

 

 

You can't claim this until you have filed at moneyclaim. All you can do is give notice that you will be claiming the 8% + court costs if they don't settle before you issue a claim

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Thanks for that Michael.

 

With reference to my 2nd paragraph, would you agree that this should be my next step? My letter reads as follows: -

 

I am in receipt of your letter dated 9th August, 2006 but I am disappointed that you have not refunded the total amount claimed of £430 plus interest.

I am not prepared to accept the cheque offered in full and final settlement. However, I am prepared to accept your offer of £215 in partial settlement pending full reimbursement. The cheque will not be cashed until that time.

 

If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest, plus my costs and without further notice.

Regards

Sandra

 

 

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