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    • you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
    • Rachel Reeves is set to reveal a public finances shortfall of billions on pounds after a snap audit.View the full article
    • Hi What they have asked in what you have highlighted isn't unusual at all as Councils have numerous different departments that deal with specific different areas within that council. So if what you are asking in your DSAR is say specific to Housing Benefit, Council Tax Benefit, Planning Permission etc then just let them know that specific area. On the other hand if you want every bit of DATA they hold on you then simply tell then ALL DATA they hold on you it's them up to then to go through all depts to check for it. 
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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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    • 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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Essex boy v's HSBC


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Hi boys and girls.

 

I am wondering whether anyone can tell me whether those claims stayed pending the outcome of OFT legal proceedings can now be re-instigated?

 

I was at the point where a court date had been set (back in September) but received a letter from DG Solicitors on behalf of HSBC. It stated that due to the OFT action, all claims would be stayed awaiting the outcome. Does anyone therefore know if this has been concluded and what the outcome was?

 

Also, the amount I originally claimed will now be greater as the interest will have increased and I have also received more charges (foolish I know). Is it therefore possible for me to claim a revised amount and do I have to start the process again or can I go straight for the jugular and set the court date again?

 

Any advices anyone can give to the above and how I should proceed would be greatly appreciated.

 

Thanks for reading :-)

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Hi mate I've been outta this game for ages now and have lost trackof it all, last I heard was from Barclays saying they were freezing everything etc.

Reading your post just now, makes me wonder if I have missed a turing point in this issue?

Have I missed something?

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Hi Essex boy. The test case is not due to start until the middle of January. Did you receive anything from the court to say that your claim was stayed? Unfortunately DG (on behalf of HSBC) sent these letters out stating that the claims are stayed, but really it is not down to them, it is down to the court that is dealing with your claim.

 

Yes the amount would have increased due to the daily interest being added to your claim every day.

 

If you had a court date set, and you received nothing from the courts to say that the claim was stayed, I would give them a quick ring and ask them what is happening with regard to your claim.

 

As for your extra charges, you can start a new claim for these. Adjusting your original claim will depend on how far down the court process you are at.

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Just to add to what Jo said, if you start a new claim for the new charges the court fees will be recoverable with the claim but if you amend your existing claim to include these the fee wont be recoverable because the court will view an amendment as a mistake.

 

best to go with the new claim :)

 

pete

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Thanks all for the info. I did receive a letter from the Court to the effect that all claims were being stayed (in fact I think I received this first) and so I guess I'll have to wait to see the outcome of this. Bit of extra cash before christmas would have been nice though.

 

P.S. what do you think likely outcome of the test case will be and what are the chances that I will just receive a cheque from HSBC following the result?

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IMHO....no one knows for sure as to what the outcome will be, but personally I am hoping for a win on the OFT side (thats if they can persuade the banks to realise their over pricing charges and reduce them to a more realistic cost)

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

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