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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!  
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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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      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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Monument & C.A.R.S


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I will try to be brief with this question/problem.

 

In 2008 my friend who had a Monument Credit Card suffered a heart attack and could not work. There is a vague recollection of Monument accepting the situation and providing a payment break or suchlike.

 

Friend continued with regular payments until July 2011 when he got a letter out of the blue from C.A.R.S He telephoned Monument who said they no longer would be dealing with it and in future he would have to deal with C.A.R.S

 

After a telephone convo with C.A.R.S (July 2011) he agreed to pay a set amount on the same date each month and he continues to get monthly statements from Monument.

 

This month after checking his bank statements he noticed (since last November 2012) C.A.R.S have been erractic in taking their payments. They are ignoring the agreed date and two payments were taken out in the same month.

 

This led to some checking and I discovered the only communication he has ever had from C.A.R.S was the initial letter (kept for ref) and a telephone call in July 2011. At that time he believed he was agreeing to a direct debit but now learns they got their payments via a credit debit on his card.

 

Having read scary stories on recurring debit card payments, my friend would ideally like to stop C.A.R.S from using his debit card in this way. Now the obvious thing is to contact C.A.R.S but wanted some advice on how to proceed.

 

Thanks in advance of any replies.

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  • 3 weeks later...

Hello creditangel

 

I'm not a moderator or adviser here but I have a Monument account that is being handled by C.A.R.S and I have had trouble from the latter. Firstly, I must admit that, contrary to the excellent advice repeatedly offered here, I have spoken to C.A.R.S. by telephone, although from today I will no longer do so. My problems have stemmed from what appears to be a communications failure between the creditor and the DCA which has resulted in C.A.R.S twice sending me the usual red splattered threatening letter, even though the agreed payment has been made before the due date and is shown on the monthly statement.

 

This is how I handle my Monument account and C.A.R.S:

 

 

  1. I pay by Standing Order to Monument, not C.A.R.S..
  2. I do not allow C.A.R.S staff to talk over me on the telephone; I say what I wish and hang up.
  3. In response to C.A.R.S' assertion that I must pay them instead of Monument I state clearly that my contract is with the latter and I will continue to pay them until they instruct me to pay another company.
  4. I refuse point blank to give any bank details to DCAs and never make payments to creditors by debit card (as a general rule I always contact my bank when, occasionally, someone uses my details to make an unauthorised withdrawal).

I never make payments to creditors and DCAs by Direct Debit as that takes control over my bank account out of my hands. I always pay by Standing Order.

 

When you're chewing on life's gristle whistling rarely helps.

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