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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 
    • Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning,  Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email.  When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item.  Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again.  Unfortunately, we would be unable to offer you an enhanced payment on this occasion.  If I can assist further, please do let me know.  Kindest Regards Claims Team and my response Good Afternoon  Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..    
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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
        • Like

egg PPI complex interest calculations


spaspeckerthedull
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Their int rate and the foscisheet

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok, got it thanks.

 

I now have a figure of 20.47%, which I calculate to be the average.

 

 

Do I add the extra 8% to this or not? no where ha this extra 8% come from?

 

 

and can I claim back the SAR fee as well?

if you wish

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

UPDATE:

 

got a letter from them today acknowledging my complaint, so finally getting somewhere,

 

 

they go on to say that they need me to confirm my identity to them through certificated documents.

 

 

Getting really annoyed now as I have already done that last year when I sent in a SAR,

to which they replied in full with ALL my info so my evidence was obviously good enough on that occasion

- I haven't moved since the SAR reply so is this a delay tactic or do I really have to send off more certified docs?

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strange I agree

 

 

however I'd be inclined to read the full SAR

 

 

and make sure you follow the advised in all the posts there

 

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...
strange I agree

 

however I'd be inclined to read the full SAR

 

and make sure you follow the advised in all the posts there

 

dx

 

 

UPDATE:

 

following on from my last post,

I sent them a letter stating that they already had all the info they required,

that I had already identified myself to them

and that I could not understand the reason for their request as they had replied to my DSAR

so my evidence must have satisfied them on that count.

Sent first class recorded, online track and trace shows my reply delivered and signed for.

 

Got another letter from them yesterday, same as the last one.

I am now at my tethers end with these people - surely there must be something I can do to make them sit up

and take notice as they are obviously ignoring my correspondence, and the first class signed for fees are racking up

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  • 4 weeks later...

Update:

 

to clarify - sent them a letter,

completed FOS questionnaire and spreadsheet (in short, everything required for a claim)

jumped through all their hoops re. establishing my identity and waited.

 

 

Got reply this morning, rejection of claim with lengthy explanations as follows:

 

obviously i'm going to complain to FOS,

but is it worth me sending them another letter urging them to "reconsider"

- do they still get fined if asked by me to investigate my claim/make a complaint?

and is it still £500?

 

 

just wanting to establish some perspective as my claim amounts to less than what the fine would be if still applicable?

 

or is that now it and i'm stonewalled? by their own admission the web form had tick boxes and my application would definitely not have proceeded had I not ticked the yes box

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application was a "tick box to proceed" as my account was set up in 1999,

at the time this was standard practice for egg and is well documented

 

they did not refuse to pay out on the policy,

by the time I had received a PPI claim form,

after several written requests,

I had defaulted and they had passed to a DCA for collection.

I have letters from the time confirming this, as well as confirmation of the balance sent to DCA for collection

 

Valid claims on PPI policies are not a problem,

as I am led to believe any amount paid out by the insurance will be deducted from any successful PPI reclaim award.

 

I have already sent LBA and received no response

 

my problem is how do I work out my claim?

my repayments varied from month to month as I paid usually what I could afford to (minimum payment)

and sometimes a little more until the whole balance was passed to DCA for collection.

 

 

In my naivety at the time I was "frightened" into believing everything the DCA told me and so I ended up paying them the whole outstanding balance

 

working out the successful alliance leicester claim was quite straightforward,

as the spreadsheet was filled in and I entered the monthly premium the balance was slowly reduced to zero

, in the case of my potential egg claim the balance won't be as it was a lump sum passed to DCA "all of a sudden"

- does my explanation make sense?

 

 

what did you put in your FOS CQ as the mis-sale reason?

 

 

you should have only have put the ONE reason that you quite rightly pointed to in your 2013 post???

website tick box

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 months later...
  • 1 month later...

UPDATE:

 

received reply from egg.

They are asking me to confirm my details as my current address differs from their files.

I have already confirmed my particulars with them when the DSAR went in,

as I supplied them with certified copies of requested documentation signed by a GP.

 

 

They are now claiming that a GP is not on their list of professionals that they accept as signatories

- if this is the case then surely they should not have sent me info under the DSAR?

 

 

Have spoken to FOS, who can't help, and ICO who won't as they don't consider it a breach

 

had enough now,

it means I have to go and get certified copies from a solicitor who will charge and are not cheap

 

thoughts?

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CTAX Bill?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Notary public - they will usually be a lot cheaper than a solicitor - strangely enough, you will usually find one at a Solicitors office !

 

http://www.thenotariessociety.org.uk/

 

I am finding it strange that the FOS/ICO will not intervene as this is making unnecessary work / cost for you.. out of spite by the looks of things ?

 

I would start an official complaint via their Head/Registered office and then if no satisfaction, escalate to the FOS asking them to explain their reasons for this should they decide not to take this up - GPs have always been on the list of professionals for this type of thing.

 

Did they send your SAR to the new address, which they are now requiring confirmation of ?

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  • 4 weeks later...

UPDATE

 

confirmation of refund amount, less tax, received from canada square 30/03/16

 

cheque received this morning 04/04/16, and is post dated.

 

 

their continuing efforts to make me jump through hoops thus proving what a bunch of spiteful cretins they are

 

This has been a complete drag for a long time, and I appreciate the efforts of all those that tried to help

 

success recorded HERE

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Well done spaspeckerthedull and many thanks for the update and recording your success in the PPI success Thread.

 

Regards

 

Andy

We could do with some help from you.

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hey great win

 

 

dx

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Please help.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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