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    • 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…..    
    • IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05.   He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant.  what is the next step now? thank you UCM  
    • I've had a quick (well, quick for a thread of this length),  read of this thread and to be honest I'm struggling to make heads nor tails of the actual crux of the issue here. You seem awfully convinced that whatever is going on is worth the fight and the odds are in your favour but with how the thread has gone it seems that one trail goes cold so you simply move on to another in an attempt to delay the inevitable. All it does is end up digging holes and confusing others and yourself which means any advice given to you is completely pointless. I note that for the life of this thread there has not been any documentation or correspondence uploaded for people to have a look. Have you got any that you'd be willing to redact and upload for members to assist you? Right now, it seems people are shooting out advice while being in the dark because it's starting to become very difficult for people who weren't here at the start of this (including myself) to follow along. Right now, this whole thread is just hypothetical "He said, she said" and is going nowhere fast. Nothing more than basic advice can be given which, as you've sought out some legal advice, is likely not sufficient to actually come to any sort of conclusion. I, personally, am starting to agree with others that it may be best to consider bankruptcy and put the matter behind you.  
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Final Notice from BCW! Advice Please.


xuxu
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Basically a few years ago I received a letter from Aktiv Kapital asking me to pay so £3000 for a debt I had over 6 years ago, I knew this was statute barred and I sent the template letter telling them it has been over 6 years and I never contacted them so I am not paying and do not admit to owing the money.

 

They left me alone for a few years until now.

 

Buchanan Clark + Wells now sent me 2 letters and the last one with a Final Notice saying that unless I pay they will take court action.

 

Also this debt is not in my credit records at all as I checked.

 

Can they give me a bad credit if they go to court?

 

I have ignored them, should I reply?

 

Any advice what to do?

 

Thanks

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Send BCW a Statute barred letter as well.

Should make them back off, if not shout and we'll help.

 

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter M.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

Be VERY careful whose advice you listen too

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Hi, Thanks for the quick reply and useful info.

 

I have now sent the letter as you said via recorded delivery to make sure they get it.

 

I am just worried they will give me a bad credit as my file is currently clean with no problems.

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BCW has put a note of trace on my CRA file they have put their name on it despite them saying that they were collecting the debt for their client Thames Credit. After I sent them a CCR request they wrote back stating that they have placed the debt on hold and have asked their client to forward the documents directly to me. As of the 30 August they have committee a criminal offense by not sending me the required documents as well as selling on the debt on to ScottCal, I have completely ignored the numerous of letters from ScottCAll stating that they now own the debt. I am awaiting an amended CRA report from Equifax and one from Experian. I do not know what will be on the Experian report until I received but as I sent them a £2.00 by recorded delivery I expect I will have to wait for a while as they seemed to want people to do everything over the internet because they can charge more for it, they are a money making machine in charge of all our data and they are obviously look after their friends DCAs. :rolleyes:

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Allwood, BCW did the same to us - Trace on Equifax, the day they received my CCA request. They were, the said, 'agents' for TSB - something deeply wrong about it. They were hounding me, I sent them CCA request, day of receipt of same, they put a 'trace' on mine and hubby's credit file with Equifax. This was in June. No mention of this on Experian's credit reports, no further details of 'trace' on Equifax when I SAR'd Equifax.

This whole 'business' is deeply deeply dodgy.

BCW didn't bother to tell me they couldn't provide CCA. Until I requested their complaints procedure.

So how did they access our credit reports from Equifax? Who gave them permission? Currently with Information Commissioner.

Good luck xuxu - you'll get good advice here :) Sorry to wander off thread.

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Sosumi when I phone the international number yesterday to speak to someone about my file at Equifax, I asked the person there call Lynn about the trace on my file by BCW and asked if this was legal and what was needed for the BCW to have produced to get that trace onto my file she told me that they would have to all the necessary documents for them to put the trace on my record. Now if BCW had all these documents why did they not send them to me when I asked them to produce to me by way of a CCA back in July remembering that the trace went on in June, something is very wrong here with these companies having all our data how do we know what they are going to do with it. Who is keeping an eye on them?????:mad:

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Sosumi when I phone the international number yesterday to speak to someone about my file at Equifax, I asked the person there call Lynn about the trace on my file by BCW and asked if this was legal and what was needed for the BCW to have produced to get that trace onto my file she told me that they would have to all the necessary documents for them to put the trace on my record. Now if BCW had all these documents why did they not send them to me when I asked them to produce to me by way of a CCA back in July remembering that the trace went on in June, something is very wrong here with these companies having all our data how do we know what they are going to do with it. Who is keeping an eye on them?????:mad:

Yes I agree Allwood. I'm going to go back to that CAG S.A.R - (Subject Access Request) thread soon, I think this really needs investigating. I've been holding back to hear from the Information Commissioner, but these 'agencies' (like BCW) appear to have 'rights' to access our personal data with very dubious credentials. Strikes me that something very uncomfortable is going on.

xuxu - the honest answer is I don't know. The more I learn, the more I wonder about Credit Reference Agencies. :evil:

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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UPDATE:

 

After sending BCW a Statute barred letter as advised they replied saying:

 

"Thank you for your recent letter

 

I can confirm that we have passed the contents on to our client and have closed our file in this matter."

 

 

So I guess they wont bother me for now. :)

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UPDATE:

 

After sending BCW a Statute barred letter as advised they replied saying:

 

"Thank you for your recent letter

 

I can confirm that we have passed the contents on to our client and have closed our file in this matter."

 

 

So I guess they wont bother me for now. :)

Great news xuxu! :)

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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