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    • Hi,   A few pointers from yesterday to take note of evris cpr 27.9 failed again so we should really make issue of this also their WX fail to comply with CPR so again we should take issue with their statement of truth  you cant get tort if you get damages under subsection 7 of CRA because its double recovery  - not sure what we think of this? however its the first time i saw the judges make reference to your non automatic rights from s49 which s54 and 57 assist with. We should start stating this specifically for claims as I think its much better than just 49 and 57 as we need to make it clear where our non automatic rights come from as 54 automatic frankly dont help  I have sent the claim form and defences to the admin email because I can’t upload them for some reason as it wont let me but thought this may help as its the first time we’ve taken tort to trial. although i think the DDJ was honestly struggling to understand some parts of the law because he was asking me about them and how he should interpret them, especially for the automatic. Will apply for transcript if you want it?
    • I decided on confrontation - which I hate.  Omg the arrogance of the driver.  They refused to say who had given them the alleged permission to park on the private land - unless I proved ownership.  I couldn't believe they could be so objectionable.   They advised they couldn't take public transport to work as they lived too far away.  They couldn't rent a local garage as none were available. I simply said that's their issue not mine. It was infuriating that this person had such misplaced entitlement.  However I decided to humour them and show them the title deeds.   They couldn't respond.  Although at this point they alleged some guy in a city up north - whose name they couldn't remember - gave permission!!    They then asked if they could buy the garages and land!! Yet can't afford to park on a meter !! They seemed to back down and agree to now park elsewhere.  I hope so. 
    • I've worked out the contractor invoiced apx 250k - Without adding vat to the invoices.  So based on above he should have added vat to all invoices once he reached 85k?  Obviously he had to pay his labourers - would those payments get taken off what he received?  Or it doesn't matter cos he invoiced for the high sum?
    • Greetings, I'm writing to seek assistance with an ongoing issue I'm having with Manchester Council.  I parked my car in a residential area behind Wilmslow Road to go purchase some food, not realizing it was a no-parking zone. I later received a letter stating I had failed to make the required payment, and the penalty had increased. I appealed the fine, explaining that I had parked there but never received the original Penalty Charge Notice (PCN), so I was unaware of the need to pay. However, the council's reply did not address my initial concern. Is there anything I can do in this situation? I admit to parking there, and I was willing to pay the original fine, but I don't think it's fair for them to demand a doubled amount when they failed to send me the initial PCN.  Any advice or guidance you can provide would be greatly appreciated. Thank you in advance for your assistance.   MK Document.pdf
    • If you look at some of the other debt related threads will see that one of the first things which will be asked will be for you to list out your debts in a brief chronological order, including date of debt, amount, creditor, amount outstanding, defaulted – yes/no – date of default, date of last payment made, have you acknowledged the debt at all to the creditors. That lot at least. I expect that my colleague @dx100uk will be along but will meet to know at least that information
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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
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HSBC Bank - Overdraft Charges


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My brain is my calculator freaky.............. 'nuff said!;):D

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Advice & opinions given by johnnymitch 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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Ah - found it Lisa - on your list you've got the 16/07/07 'recall s/o-d/d as £20 - it's £25 on the original..............:) Just change it on the S/S I sent .

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Advice & opinions given by johnnymitch 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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You always blame johnny - it's traditional freaky.....:p

 

Evenin' Lisa - did you get the S/S OK ?:)

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Advice & opinions given by johnnymitch 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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Here you go Lisa. Just tweak it to your own needs.:)

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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Same envelope will do for this one I think Lisa - they're related subjects.

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Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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On second thoughts lisa - as it'll probably go to a different department - send it under separate cover - just in case (as I said before) it gets 'mislaid', or 'lost':rolleyes:

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Advice & opinions given by johnnymitch 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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Johnnymitch, sorry to bother you but im busy get stuff ready to send off tomorrow . You know that spreadsheet you sent do i need to change the day since offence cos it will be longer know wont it

thanks lisa

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Johnnymitch, sorry to bother you but im busy get stuff ready to send off tomorrow . You know that spreadsheet you sent do i need to change the day since offence cos it will be longer know wont it

thanks lisa

If you use the spread sheet today it will work out the interest to todays date. :)

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it should change every day by a few pence on its own :rolleyes:

 

pete

 

Hi I noticed tonight when i checked spreadsheet and you right it does change daily I just had not noticed

cheers lisa;)

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  • 2 weeks later...

Hi there everyone

 

Well got responce from hsbc bank yetserday. But I dont know what they have done Im sure they ae trying to confuse us or they have got confused. They have sent a letter rgarding the charges but they are on about a credit card and not the overdraft i will get my son to post it on when he get home from college. I have not even asked for charges back for credit card yet as it is dispute so dont know what they on about :confused: :confused: :mad::confused: :confused: :mad: PLEASE HELP

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Stay calm Lisa, :) it's not unusual for the bank to get confused.....:rolleyes: .

 

Just get your son to post it as and when - then someone on the forum can help you from there.....might not be me, but there'll be someone around to help.....so , have a cup of tea and forget about it for the moment LOL!:D

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Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Yeah - why not - a double whammy!!!!!:D

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Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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