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    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
    • i think theres been MORE than amble evidence of that and am astonished that criminal proceedings haven't begun.
    • Yep, those 'requirements' not met to shareholders satisfaction seem to me to be: 1. Not being allowed to increase customer bills by 40% (of which well over 50% of the new total would NOT be investment) 2. 1 plus regulators not agreeing to letting them do 'things in their own time (ie carry on regardless)
    • As already mentioned freely available "credit scores" are fairly useless. All lenders have their own "credit scoring" system, that for obvious reasons they don't divulge. And they're "scored" differently to the freely available ones. As soon as they could, we've always encouraged our two children to use credit cards responsibly... Pay off in full, etc, to generate good history. It's paid off. At quite young ages, they have both obtained loans for cars, mortgage and their credit card limits are through the roof. Personally, I have shifted debt around a lot on credit cards (even financed a house purchase once at 0% 😉) and I've only ever been refused a credit card once, sorry twice by the same company, over many years. They must have something very different in their lending criteria. You're a tight one, Mr Branson.
    • Hi DX - quick question, what is the bank likely to do when they get my letter of change of address ? also what is the worst they can do? thanks J1L
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    • 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.

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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
      • 160 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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Sheriff puts Bank of Scotland to proof on bank charges


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No t5hink its two - Sharp v Clydesdale, as well (now) Reid and BoS. Walls, last I heard, was heading to the ECHR on the basis that the refusal of the Scottish Legal Aid Board to grant legal aid when the Bank had taken the case out of summary cause (exposing the claimant to unlimited expenses if they lost), was a breach of Human Rights. Like many ECHR cases, goodness only knows when there will be an outcome.

Taking Sharp and Reid together with the news earlier that GLC is moving toward stage 2 where multiple cases will be brought, presumably on the same bases as Reid and Sharp, is significant progress. Clearly the banks - as they often dont - didnt want to take their chance on their day in court. Having used a variety of scare and delay tactics, they have decided to fold. It would be interesting to learn what issues were raised for Sharp and Reid, but given the agreement that has been struck with the bank that is impossible. However, when multiple cases start going in (and not just in Glasgow?), strategies of delay and causing concern, simply wont work and the banks will either have to decide whether to be dragged through court any number of times to either lose or give up at the entrance to the court (which is going to impose costs on them no matter what), or do the decent thing and return the money they have in effect stolen to their customers.

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Yes their manpower is limited - its "only" a local advice centre. However, if you go here (http://govanlc.blogspot.co.uk/2012/06/glc-unfair-bank-charges-update-phase-2.html) you will find that they now have a partnership with the Glasgow Advice Agency Ltd, which they say will allow them to bring "much larger groupings of litigations on behalf of consumers in the East of Glasgow, and across the South of Glasgow." The East End in particular is likely to produce any number of cases from people in the most severe financial hardship, many of whom will have had a right kicking off the banks - it will illustrate the "unfair relationship" beatutifully.

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AND should hopefully get the press attention needed to bring this back onto the front pages of the news papers.

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Hopefully, though so far the banks havent let the cases get to a final court decision. Will they do the same now in the face of some more (but at this point hardly an onslaught)? Who knows.

I suspect they will do what they can to keep it out of mainstream media, but its on this kind of matter that sites like this are worth their weight in gold.

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Yes their manpower is limited - its "only" a local advice centre. However, if you go here (http://govanlc.blogspot.co.uk/2012/06/glc-unfair-bank-charges-update-phase-2.html) you will find that they now have a partnership with the Glasgow Advice Agency Ltd, which they say will allow them to bring "much larger groupings of litigations on behalf of consumers in the East of Glasgow, and across the South of Glasgow." The East End in particular is likely to produce any number of cases from people in the most severe financial hardship, many of whom will have had a right kicking off the banks - it will illustrate the "unfair relationship" beatutifully.

 

GLC is one of the largest law centres in the UK, and Mike Dailly is involved in financial issues at a national (UK) level, so I think it's likely that he'll be working to improve things for the masses, and not just locally.

 

http://www.firmmagazine.com/news/2641/Solicitor_of_the_Year's_appointment_in_FSA_role_made_via_Facebook.html

 

http://www.fs-cp.org.uk/about_us/mike_dailly.shtml

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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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I think Caro you must have missed the quote marks around "only". GLC, whether its one of the biggest, or even the biggest law centre clearly punches way above its weight, and that it does so is testament to the work of Mike Dailly, though not only him as I am certain he would be the first to acknowledge.

On the other hand GLC does have to focus on cases from the inhabitants of its local area - see for instance http://www.govanlc.com/glasgow.htm - this is why the partnership with Glasgow Advice Agency is important since it allows a larger geographical "footprint" to be covered. But at the same time, I dont think Mike Dailly will need telling about the significance of his work (and not only on bank cases) for much further afield than Govan or even Glasgow as a whole.

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Sorry sfu - I missed the significance of the quote marks. Had a bit of a blonde moment I think. GLC have also been heavily involved in repossession issues. As you say, Mike and the team clearly punches above it's weight. :-D

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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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so, as suggested before, and what the glc seems to be working towards, need an authority, like the ppi case for eg, for things to be universal.

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  • 2 months later...
No t5hink its two - Sharp v Clydesdale, as well (now) Reid and BoS. Walls, last I heard, was heading to the ECHR on the basis that the refusal of the Scottish Legal Aid Board to grant legal aid when the Bank had taken the case out of summary cause (exposing the claimant to unlimited expenses if they lost), was a breach of Human Rights. Like many ECHR cases, goodness only knows when there will be an outcome.

Taking Sharp and Reid together with the news earlier that GLC is moving toward stage 2 where multiple cases will be brought, presumably on the same bases as Reid and Sharp, is significant progress. Clearly the banks - as they often dont - didnt want to take their chance on their day in court. Having used a variety of scare and delay tactics, they have decided to fold. It would be interesting to learn what issues were raised for Sharp and Reid, but given the agreement that has been struck with the bank that is impossible. However, when multiple cases start going in (and not just in Glasgow?), strategies of delay and causing concern, simply wont work and the banks will either have to decide whether to be dragged through court any number of times to either lose or give up at the entrance to the court (which is going to impose costs on them no matter what), or do the decent thing and return the money they have in effect stolen to their customers.

 

I've been away for a while (no - not that kind of "away" - I'm sure they've got better broadband than any of us can afford in there anyway) - so I'm just catching up on threads of interest. The thing is it now seems to me that we are back into a two tier justice situation - the Banks will cave in when people can use legal aid - but will continue to prevaricate when cutomers need to risk their own money in fighting them.

 

I think these kind of "confidential" deals should be made illegal - after all surely "justice" must be seen to be done - and apply to all - not just to those who can use legal aid?

 

Hopefully GLC "phase 2" might help the rest of us? I'm puzzled though that in this anti-Bank culture there has been nothing in the papers or media even to report that there is nothing to report other than two cases have been withdrawn. Perhaps CAG should be more pro-activae in publicising things like this.

 

BD

 

PS - Totally agree - OFT please BUTT out thsi time around - leave it to those more competent - i.e. everyone else!

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It means some posts (may be off-topic or abusive) have been removed. The post numbers within the thread are re-adjusted but the total page nos and post nos at the top are not.

 

Thus this is the last page (page 71) even though at the top is showing Page 71 of 74 pages and 1465 posts

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  • 4 months later...
Has there been ANY developments which have not been 'gagged'?

 

I don't think so kenny. I understand GLC are trying to find a way round this.

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Agreed kenny. It's been a long time and I know no more than anyone else. It's all very frustrating. :-(

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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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