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    • 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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      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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    • 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
        • Like

Successful Claims


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If you have been successful in your claim with Alliance and Leicester but the thread title doesn't show **WON** or **SETTLED** can you please send a private message to one of the mods to change the title and put it in the successes sub-forum.

 

This will give other users an at-a-glance guide to other cases that have been won and may just give them that extra little bit of confidence needed to pursue A&L themselves.

 

If you can't PM a mod for whatever reason then just reply to this thread.

 

PLEASE ONLY POST HERE IF WON AND NEED TITLE CHANGED

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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  • 3 months later...

A&L S.A.R - (Subject Access Request) sent 6/10/06

Chq cashed 18/10

STATEMENTS arrived 27/11/06

Prelim letter sent 29/11/06 £461

 

Capital One X 2 S.A.R - (Subject Access Request) sent 12/10/06

Cheques cashed 28/11

Prelim sent 29/11 £276

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Hi

 

I have not started a thread re my claim against A & L. It was a small claim and I knew all the procedures from my claim against Nat West.

 

Anyway I won £188 (£150 + interest/MCOL costs) and thought you might like to know. I have added successful claim to the survey.

 

Sean

Nat West, * WON *, 10/2006, £1287

A & L, * WON *, 11/2006, £188

Donation Made to Site

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Hi All,

 

just claiming my charges and submitting my claim to court, trying to work out if I can claim any more interest, the account is quite new, so not sure about compound interest...any one with any ideas, sorry not used to all these facts and figs?

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  • 2 weeks later...

cAN YOU HELP ME OUT , I AM AT THE STAGE OG MAKING MY CLAIM THROUGH THE COURT (ON LINE) IS THIS WHERE I SEND MY CLAIM FORM TO

spacer.gif Bootle: Sefton Metropolitan Bo, Town Hall, Lord Street, Southport, Merseyside

spacer.gif Postcode:

PR8 9SA

 

 

spacer.gif

 

THE ADDRESS I HAVE ON MY CHECK BOOK IS BOOTLE MERSEYSIDE GIR 0AA

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Hello, after a month away, found telephone and computer disabled - it's taken 8 days 'til this evening for all to be restored.

Would Caro or someone kindly move this to correct place,please. I want to tell the world I have won: A&L cheque(hopefully unbounced, I'll soon know)for £2389.44 received(as Battleaxe, dear lady, heard me screech down my mobile) against claim of £2362.16, on 24 January.

Asked at Court if I should return the £17.28 overpayment and was looked at strangely by Clerk.

'No', said she.

!!!WON!!!

It is so wonderful. I am trying to find my way to making donation, but just get 'You do not have enough privileges'etc note when trying to access other areas.

My apologies for any inconvenience I am causing by posting here.

BUT, MOST OF ALL, THANKYOU TO EVERYONE WHO HAS CONTRIBUTED TO THIS OUTSTANDING SITE WITH HARD FACTS, MORAL SUPPORT AND EVERY POSSIBLE ENCOURAGEMENT.

MERCI MILLEFOIS!

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  • 4 weeks later...

Alliance & Leicester

 

£155

 

Recieved the cheque today, two weeks after issuing my claim with MCOL.

 

The standard "no liability" letter, plus the "future operation" bit. I have written an acknowledgement, quoting the recent FSO ruling and pre-announcing my intention to report to the FSO if (when) my account is closed.

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Hi guys, just in the process of filing the small claims court N1 form but just wanted to ask a few things if anyone can help. On the bottom of the form it has a space for solicitors fees, and i wasnt sure what to put in there as i was hoping there wouldnt be any! Also the interest charges that you claim back does that include the standard monthly charge that they issue for being in you overdraft? :confused: Any helo would be much appreciated, cheers.

 

Domino

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  • 2 weeks later...

I've got my £2315.00 from the theiving monkies!!! had to file court action though.... A&L make life as difficult as possible. If you are still trying to claim your money back keep going they pay up in the end!!!

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Hi all,

 

Following earlier success with Lloyds have just received the full amount from A&L but only after we filed in court. They said the usual 'no admission of liability', 'no sign of weakness', 'charges are fair' etc etc but coughed up anyway!

Subsequently, however, they have now followed up with another letter saying the account is to be closed because we 'clearly do not accept certain aspects of their terms and conditions' and threatening default status being registered with a credit refererence bureau if we can't immediately repay any outstanding balance and have to make repayment proposals! Talk about bad losers or what!

I am not one to lie down easily and now intend to take the petulant b*stards to the Financial Services Ombudsman because this is nothing short of retaliation and a thinly veiled threat for them being found out! Can anyone point me in the right direction?

 

Regards,

 

Andy

 

Keep up the fight, remember it's your money!

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Hi

 

I won my claim against the A & L. They submitted my cheque 2 days pior to the court cut off date. Yes, I used Money Claims on Line and wrestled with the site and the address of the defendants but eventually it was all worthwhile both financially and just to have a moral victory against a large institution

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  • 3 weeks later...

Hi SamI wrote to them again stating that I would be taking court proceedings, left it for 5 days and then lodged a claim using the On line Claims facility; they responded to the court they would be fighting the claim and rescinded at the last minute and sent me a cheque.I hope this helps and Good Luck

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Hi SamI did not use a template - from memory, all I said was something to the effect that "I consider I have been fair and reasonable in trying to settle this matter amicably. I now intend to invoke legal proceedings to reclaim these illegal charges"I hope this helps

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Hi Sam, I had the letter you received aswell (I think it's one of their standard issues) I sent them a LETTER before action expressing my disappointment that they had failed to respond positively. I stated that if monies are not refunded within fourteen days then I will initiate court proceedings for the full amount plus interest, plus cost without furhter notice. They test the water and hope that you will give in and go away, however don't!!!! Stick with it and see it through. You will have to apply to the court as they will send you a similar letter after they receive the letter before action. they will even state to the the court that they intend to defend their case, however this is all scare tactic's hoping that you won't see it through. They will pay out and you will not have to go to court. keep at them and don't give up, thats what they want!!!! Good Luck, Louisa

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  • 3 months later...
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