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    • Hi LFI, With regard to the ANPR cameras in your post #65, while I was on the phone to the Planning Department, they did take a look at Google Streetview and went back to 2012 where they could see the ANPR cameras in place so therefore they would have deemed consent. I had previously read the T&C Planning Regulations and had read the section on deemed consent so I understood the point they made on the phone. It doesn't matter though, that doesn't harm my case any, and I shouldn't really mention this now, (this is what you reminded me of on another thread) but in the past I was a member of a scheme that gave me access to legal advice, I have spoken to a barrister previously through this scheme on another matter and I think I am still a member. I am going to check if I am still a member of the scheme, and if I am I will discuss my case with a barrister or solicitor, whichever the scheme deems appropriate. I will let you know the outcome. I am also going to take Bankfodders advice in the sticky and go to the local court and ask if I can sit in on a case in the Judges office.
    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx Yes sorry. they called it a deed at first in court.  Then Judge said she was happy to have it sealed as something else  exact names of orders in message above.     The disease was tested for when his cardiac testing was done immediately after purchase and part of the now sealed case.   However, results were disclosed incorrectly and I only found out  two days ago.   This disease did not form part of my knowledge during the case as I had been informed of a normal result that was not the case.   it is perfect clarity of a genetic disease where as the previous cardiac issue could be congenital until the pup is genetically tested. 
    • Hi, Halifax recently sold a credit card account of mine to Cabot. I am unemployed and have no assets and was thinking of making token £1 payments for 12-18 months in order to drag things out a bit and reduce the chance of Cabot being able to get the correct CCA documents from Halifax if I requested them in future. However, I saw on the pages on this forum about defending county court claims that one of the standard approaches when defending such claims is to say “I had an account with bank X, but I don’t remember the details and so don’t know if I owe this debt…”. If I made £1 payments to Cabot, would it prevent me from using such a defence in future? OC: Halifax DC: Cabot/Wescot Card account opened: 2016 Defaulted: 2023
    • Paperwork says sealed consent order and composite settlement agreement      YES  ADDISONS DISEASE 
    • Hi, This may be the wrong place for a thread BUT If you receive a defence, can you send a CPR 31.14 request for document mentioned in the defence, and then apply to proceed with the case only after (14) days passed or they respond OR is it only if you receive a claim I see @dx100uk thread is for when you receive a claim, but can you also do the same when you receive a defence?
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 161 replies
    • 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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Does this judgement affect credit cards?


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No, this issue has already been done and dusted. Claim your credit card charges as usual. :)

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No, this issue has already been done and dusted. Claim your credit card charges as usual. :)

 

Im glad that one was answered! Im in the process of SARing a few banks regarding old CCds. Im going to use any refunds to pay outstanding ODs (which were all made up of damn charges:mad:) as it looks like I wont get any money back otherwise after todays shoddy ruling.:( This whole thing really does stink.

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I guess the reason I asked this was that when I wrote to a credit card company about refunding my charges, I used the template from the Martin Lewis (MoneySavingExpert) website as my basis, which mentions the OFT 2006 statement on CC charges.

 

When I did this, the CC company responded with a standard template saying quoting OFT guidelines and saying that I wouldn't be entitled to a refund, to which I responded with an LBA, quoting the relevant paragraphs that confirmed I could still challenge the unfair charges in court. At which point they caved and paid up.

 

Because of this, in my future responses to other CC companies I intended to modify my original letter to make it clear that I recognised the OFT guidelines and understood that I could still challenge them, and that this was therefore an LBA. I hoped this would reduce the amount of cat and mouse games they would play with me, and get straight to the point of offering a goodwill payment (which I would probably accept).

 

However, while the statement applied to CC charges and not bank charges, I would assume yesterday's decision would give CC companies some wiggle room in their responses to say that the judgement yesterday indicates that the OFT statement on CC charges is now also irrelevant, so mentioning OFT guidelines when claiming CC charges is probably not worth it now?

 

I know the CAG templates take a different approach to asking for CC charges to be refunded:

 

"I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary."

 

So perhaps I should ditch the MSE template mentioning OFT guidelines, despite it's previous success, and re-write my future letters based on the CAG template instead?

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