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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
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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.

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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

Experian, Identity Fraud insurance Reclaim Response / Resolved


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Two parts to this Question:

 

1/ Claiming back Credit Expert membership at £14.99 as £4.99 was compulsory identity watch insurance i never requested response

 

2. As my complaint and final response by Experian was done over email, Why did they send a hard copy response to my home addrerss that i no longer reside at.

 

3. Why are they so interested in my new home address.

 

Before anyone asks i am now on the electoral register at my new address since the beginning of september as i had to wait for the electorol services to update.

 

Original Email response

 

Our Ref: EXP000000

 

Dear Mr xxxxxx

 

Thank you for your email, which we received on 14/06/2015.

 

*Identity Fraud Expenses Insurance

 

I'm sorry to read of your concerns in relation to insurance. So that your concerns are fully addressed, I have passed the details of your complaint on to our Customer Relations team, who will contact you shortly with further information.

 

I can advise that our current membership is priced at £14.99 but does not include a premium for Identity Fraud Expenses Insurance. This feature was removed from our product in 2014, and replaced with an Enhanced Victim of Fraud service. This provides an additional level of support for those who have fallen victim to identity fraud.

 

Unfortunately we no longer provide a membership priced at £9.99, so I am unable to offer this.

I hope this clarifies the situation for you.

 

 

Kind regards

xxxxx

Customer Service Representative

Experian

 

Dear Mr xxxxx

 

Ref: 000000

 

*Identity Fraud Expenses Insurance

 

I write further to my email dated 15/06/15 (see attached). I can see that we sent you a letter in respect of your complaint on 17/06/15, however, this has only just been returned to us as undeliverable. For this reason, I would be grateful if you could confirm your correct current address, and I will resend our correspondence to you.

 

If you require any further assistance, please do not hesitate to contact us.

 

To get in touch you can email us at or visit our website at www.creditexpert.co.uk.

 

Kind Regards,

 

xxx xxx

 

Customer Support Centre

Experian

Edited by obiter dictum
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Are they even licenced to sell Insurance products ?

 

Or is it not really an insurance product, but simply an extra service they automatically included ?

 

The fact that they changed it from insurance to a service, may indicate there was a problem.

 

It is normal with complaints to send to a registered address, but if you previously confirmed your identity with the same email address, then i could not see a reason for not sending to your email address. But it may just be their practice to send to an official address.

 

The way to tackle this is to ask for their FCA registration details in regard to selling the insurance product and confirmation they come under the FOS in regard to insurance miss sellng issues. Tell them that you believe the insurance was miss sold, as you never asked for it and are seeking to reclaim it.

We could do with some help from you.

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theres a thread here that details the times and what was charged

you sound like my neighbour

 

 

they tried to claim that the id theft thing was never charged at the £14.99 rate going back 8yrs t think

 

 

he got the whole lot back.

some £150.

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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thought you were already in the CPP forum

silly me

 

I've moved your thread to there

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?356-CPP-Group-Plc

 

lots to read

 

 

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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I have just had Experian contact me by phone.

 

This compliance chap was polite and courteous and took my complaint as serious.

 

What i will say is that my complaint has now been resolved to mutual satisfaction and settled.

 

Way to go Experian, no ifs, no buts, just plain good old fashioned customer service

 

A++++

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Pleased to hear this has been resolved - I will amend your thread title.

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Advice & opinions given by citizenb 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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