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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!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
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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.

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      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.

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      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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Hi all

 

Not been about for a while, things are looking good for the refunds...dont you think?

 

I am just in the process of having a go with BOS, but Im a little confused, I think I need to send my claim to Halifax @ Trinity Road, does anyone know if this is right?

 

I have sent them 6 letters with no replys, phoned then the other day and the chap said they have recieved my last letter, I asked if a reply had been sent, he just said no, sorry! RIGHT you buggers Im coming for you now, Halifax paid up, I have the fighting fund........But where do I send the Claim?

 

MP1962

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I have sent my claim to my branch, and that's where I sent my initial request for a list of all fees that they had charged me.

My branch (Newington Branch, Edinburgh) dealt with the request very quickly, or they quickly passed it on to the right person.

 

What was the letter you sent? Was it a request for a list of charges, or a demand for the repayment of them? If it was the request for a list, did you use the template that is in the FAQs section? It has all the right terms in it and has "data protection act" in big letters at the top, so they know they have to listen.

 

 

Incidentally, they didn't send a list of charges, they sent a copy of every single bank statement, right back to 1997, so I am chancing my arm and requesting that charges from way back then are repaid too.

Story so far...

 

BOS - Student account - preliminary request letter sent

 

Cahoot - Current account - list of charges totalling £420 recieved

Cahoot - Credit card - list of charges totalling £200

 

Mint - Request for list of charges made by telephone and letter.

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I have had replies from 2 addresses:

The reply to my preliminary letter came from: BOS, Customer Relations, PO Box 29112, Dunfermline, KY11 2ZX. Lady called Deborah Sargeant

 

The reply to my DPA letter came from Trinity Rd, Halifax. A guy called Adrian Percy.

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Hi all

 

Im passed the letter stage, Moneyclaims my next stop. First I sent for my statements from North Bank, got them, wrote asking for them back...no reply, again, no reply, wrote to Trinity Road, no reply, and again no reply......I feel like a right EDITED where do I send it?

 

MP1962

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I have been writing to Viking Way, ROSYTH, and they have got to wherever they need to be..... admittedly some replies have come from Leeds, some from Dunfermline, but acknowledgements and offers have been forthcoming (even if these are not worth the paper they are written on, but that's another story ;) )

 

T

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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If in doubt, send them to your branch - they'll ensure they get to wherever they're meant to go.

** 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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