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    • as my learned friend above...and.. sadly because just like DCA's and initially yourself in this case, you believed they have some magical powers ...they DON'T. 85% of people blindly pay DCA's cause they know no better and think they are BAILIFFS. only the RETAILER can ever do court and none have done this on a silly member of joe public that did something stupid since the infamous 2012 Oxford case on retail loss. BAILIFFS can only ever be involved after you've been to court and lost a CCJ, fat chance re above... and anyway, no BAILIFF has any right of forced entry anyway on consumer debts even with a judgement so......... stop panicking and thinking everything that doesn't apply.. forget about them but p'haps a confidential GP visit might be a very good move... what slightly concerns me more here is:  who are 'them' that told you they'd reviewed a week of CCTV and come up with several shoplifting instances over that time amounting to the above? have you directly contacted or had contact from Sainsbury's? and know they HAVE done this? or is this DWF willy waving and they tricked you into  admitting several previous successful thefts... this is not the norm...  dx      
    • next step then await the N157 from her local court giving the time and date of a future hearing some month in the future. now she MUST file a witness statement 14 days (typically) to both the court and kearns .  so cant allow to much of a time lag before you are aware of that and get her WS done. wack us up 2 multipage pdf files please  one of what they returned for the CRP reply . and one for everything they sent back in 2022 you've found.  we do not need statements. ideally it would be nice to see their WS before hers is finally filed. dx  
    • Another interesting article in the Grauniad - Counterfeit barcode stamps furore carries echoes of Horizon scandal | Consumer affairs | The Guardian WWW.THEGUARDIAN.COM Royal Mail admits its scanners ‘make mistakes’ but stands by the process it uses to detect fakes as ‘robust’  
    • DWF can't do anything as they act for a client. In this case, Sainsbury's. Sainsbury's could take you to court and ATTEMPT to get a CCJ but it's unlikely. They had no interest in dealing with you at the time. All DWF can do is send out pointless threatograms. They'll threaten to divert an Iranian drone to your house if you don't pay. However, they can't attempt to get a CCJ against you. IGNORE THEM. It's more important now to understand why you were allegedly shoplifting, and you should speak with your GP and try and get yourself signposted to the support that's available.
    • Boeing told US regulators it might not have properly inspected its 787 Dreamliner jets.View the full article
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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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    • 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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baby steps - I'm scared Fa vs Smile


fannyadams
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Ok

I have just written the DPA letter to Smile regarding a bank account i had with them about 5 years ago and have since closed. I think they owe me about £77.00 Not much, but when I add it to the other banks charges it makes a tidy sum £230!

I'm hoping as it's such a small amount they'll just refund it and I won't need to go to court, and reading the threads on here I think that might be what happens.

I'm just curious about on thing. If you submit the court thing and pay hte money but they pay up before the court issue the 'writ' can you claim the price of the court back from the bank? or do you have to chalk it up to experience? I don't have a lot of money to chuck at court cases so...

Thanks for looking.

FA

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If you have to issue a claim, and they settle before court, they will have to pay your court cost back, as long as you have included that in your claim too (the online claim makes it very easy to remember to include it) and 8% APR, yes.

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You MUST be prepared for it to go to court though - the likelyhood is that it won't - but it could, and you should be ready for that to happen.

 

Have you joined the 'Court Buddy' system?

 

http://www.consumeractiongroup.co.uk/regbuddy.php

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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  • 2 weeks later...

OMG

Smile have sent me my requested bank statements WITHOUT me sending them ANY money!

Can I just check what I can claim for...

I think it's all the FEEs but not the interest on my overdraft - is that right?

IMHO if I'm in credit then THEY pay ME interest on my money, so it's only fair if i'm using their money I should pay them interest...

Still - from the statements they've sent me, I calculate it's £50 so far.

I'll have to check the statements to the closing of my account and make sure that I've claimed all of the charges.

I'M deffo on for going to court if poss. Nothing ventured, nothing gained...

FA

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  • 2 weeks later...

£46.50 in charges of which £38 put me further inot debt.

how do you calculate the interest on the debt?

NOT the court interest just the how much MORE debt in interest did they make me pay?

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There is a spreadsheet in the Bank Templates Library you could use.

 

Don't be scared. We will hold your hand so you won't be on your own.

 

Good Luck FA

;)

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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 found in the FAQ bit, Vampiress made one in excel that I used.

 

I have posted off the LBA letter to A&L and the please give me my money back letters to Smile and Cahoot.

 

Thanks for the reassurance.

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  • 2 weeks later...

NOW they are definately gonna get it!

I wrote to them "can i please have my charges refunded" letter.

Chris Hopkins (Smile Complaint Team, Customer Services, PO Box 600, Delf House, Skelmersdale, WN8 6GF) wrote an undated letter back "there are no account details XXXXXXXX. As such I've not been able to proceede with your request for a refund"

 

's a bit suss as not 30 days previously they sent me all the bank statements I asked for with that exact same account number. Nice try Smile, but you can't stall the wheels of law...

 

So, I just sent them the LBA letter by return! since my "can i please have my charges refunded" letter said "if you do not respond or you do not respond pisitively within the 14 day period I will send you the letter before action". At the font of the LBA it says that"I find it difficult to believe that you hold no record of my account since you were kind enough to supply me with statements from thisvery account at the beginning of May 2006... I respectfully request that you check your records again. Given that you have failed to respond positively to my request forrefund of charges you give me no choice to proceed with the following: Letter Before Action."

 

Bring it on...

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Oh I say FA. You seem to have grown from a timid little kitten to a fearsome tigress. Go get 'em!!!:D

The Consumer Action Group is a free help site.

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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  • 3 weeks later...

That's fantastic fanny - well done. I think the boot is on the other foot now and Smile are scared of you.

 

Would you mind completing the survey, and if you feel the help on this site has been useful I am sure a donation would be gratefully received.

The Consumer Action Group is a free help site.

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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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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