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    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
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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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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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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Weezypoos v HSBC / WON


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I think the £12 clearance fee seems like a good option. I've not sorted any payment details out yet. Do you think I could just add a line on my acceptance letter stating that I will accept payment by cheque only or I continue with mcol?

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A cautionary note: the £12 fee is for "special presentation" and does not clear the cheque any quicker. They simply present the cheque direct to the paying branch and ask if they're going to pay it, and can then advise you if they are.

 

I found this out the hard way!!!

 

In practice, though, most banks will clear it slightly quicker. By about a day.

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I have done a special presentation (as its called) lots of times.

You can call your bank after 3.00pm next day and ask them to call the other people for an answer 9/10 times its a yes.

Of course if you just leave it with them it takes longer.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Weezy,

You can ask for a cheque, I would write a seperate letter to them saying that you'll accept but require a cheque. Bear in mind though that they will probably say no (they argue that the charges came from that account so they have to go back into the account). That's waht's happened with mine, they've offered a full refund on 26th July which I said I would accept in a cheque form and they STILL haven't agreed. I'm still waiting patiently for an outcome! ... they've only got 10 days until I win by default!

Sorry to put a dampener on things but I think if you want a cheque you're not done yet.:|

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Can anyone please offer some advice?

 

I have had a full offer from D G Solicitors, yipee! BUT, I have requested that they pay me by cheque only and not credit the money into my bank account. If they refuse to pay me by cheque within the 14 days do I win by default? Confused.

 

Louise

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If they do not meet your requests then effectively they have not settled the claim.

You should put it in writing to beth the defendant and the court that a condition of the settlement must be that a payment to you is made by cheque.

 

:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks Martin

 

In both my Prelim and LBA letters to the bank it did state that I required payment by cheque and I stated in my particulars of claim with mcol this also so both should be aware of it. Do I have 14 days from the date the papers were deemed served to win by default or 14 days from when HSBC acknowledged the claim.

 

Sorry to sound a little slow but it is Monday after all!!

 

Louise

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:confused: I HAVE HAD A CLAIM ACCEPTED BY HSBC AND THEY HAVE 7 DAYS FROM LAST THURSDAY TO SEND PAYMENT, BUT I WANT A CHEQUE AS I NO LONGER HAVE A HSBC ACCOUNT, DOES THIS MEAN I MIGHT NOT GET THE MONEY THEY SAID I COULD HAVE?? THANKS FOR ANY HELP
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In both my Prelim and LBA letters to the bank it did state that I required payment by cheque and I stated in my particulars of claim with mcol this also so both should be aware of it. Do I have 14 days from the date the papers were deemed served to win by default or 14 days from when HSBC acknowledged the claim.

 

28 days from date of service once it's been acknowledged.

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Kurjam,

Write to HSBC/DG or whoever sent you the offer letter, and just tell them that as you no longer have an account you require the payment to be made by cheque to yourself! :) Well done on getting your money!

28/07/06 - Prelim letter sent to HSBC for £3648

31/07/06 - Letter rec'd at HSBC

14/08/06 - LBA sent to HSBC

16/08/06 - LBA rec'd at HSBC

22/08/06 - Finally!! first reply from HSBC offering £2000

23/08/06 - Letter to HSBC declining offer, saying I want ALL my money!!

31/08/06 - MCOL filed for £4551.96, to be deemed served on 06/09/06

05/09/06 - HSBC Acknowledge claim

22/09/06 - DG Solicitors offer full amount in settlement, I accept!!

27/09/06 - Full amount paid into my acount

28/09/06 - Full amount taken out of my account!!!!!:mad:

29/09/06 - Cheque arrives, FOR SOMEBODY ELSE!! with all their account details in a letter adressed to me!!!

29/09/06 - HSBC refuse to pay money back into my account

 

 

 

If I have been of any help, please click on the scales in the top right corner! :)

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When I Signed The Letter Last Week I Wrote On The Bottom I Require A Cheque As I Have No Account, So Should I Get The Money This Thursday Because I Wrote That On It As That Will Be 7 Days (what Is 28days From First Day Of Service?)

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28 days is the time they have from rec the summons.

 

 

;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks Martin

 

In both my Prelim and LBA letters to the bank it did state that I required payment by cheque and I stated in my particulars of claim with mcol this also so both should be aware of it. Do I have 14 days from the date the papers were deemed served to win by default or 14 days from when HSBC acknowledged the claim.

 

Sorry to sound a little slow but it is Monday after all!!

 

Louise

 

In this case it is very clear that you have made clear your request.

 

It would be very difficult then for the defendant to argue that they were not made aware of this.

Hence It looks like they will have to comply.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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As clear as my request was to Moneyclaim, DG and HSBC the plonkers have still paid the money into my account rather than send a cheque!!! Great news as I have the money but was overdrawn so have lost part of it in paying that back. It needed paying anyhow but its more the principle of the thing. I have no idea how long the money has been in my account but have probably been dipping into it unknowingly for the last couple of days. Really want to be awkward and tell them I shall carry on with mcol unless they reclaim the money already paid and issue a cheque. They will probably charge me for going over my overdraft again when reclaiming the settlement amount.

 

Anyhow, still good news, I WON and they had to pay up. May transfer it into my ISA so they can pay be interest on top too!

 

Many thanks to all and keep up the great work, donation winging its way to CAG

 

Louise

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CONGRATULATIONS! I hope I get mine soon!

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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Congrats on getting your money Weezy!!

 

Slightly worrying though that even though you repeatedly asked for a cheque, they still paid it into your account. Do we know of anyone who has an account, but asked for a cheque, and received a cheque?

Is this their cunning way of giving you the money and then taking it back through the overdraft?

28/07/06 - Prelim letter sent to HSBC for £3648

31/07/06 - Letter rec'd at HSBC

14/08/06 - LBA sent to HSBC

16/08/06 - LBA rec'd at HSBC

22/08/06 - Finally!! first reply from HSBC offering £2000

23/08/06 - Letter to HSBC declining offer, saying I want ALL my money!!

31/08/06 - MCOL filed for £4551.96, to be deemed served on 06/09/06

05/09/06 - HSBC Acknowledge claim

22/09/06 - DG Solicitors offer full amount in settlement, I accept!!

27/09/06 - Full amount paid into my acount

28/09/06 - Full amount taken out of my account!!!!!:mad:

29/09/06 - Cheque arrives, FOR SOMEBODY ELSE!! with all their account details in a letter adressed to me!!!

29/09/06 - HSBC refuse to pay money back into my account

 

 

 

If I have been of any help, please click on the scales in the top right corner! :)

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Exactly what I thought Mark. If they take the money back from my account now I will be overdrawn again, hence more charges. I figure that they hope if the money is paid into peoples accounts accidentally on purpose then we will settle for it! I dont really have much of a choice now though!

 

I have not seen any thread yet where people have got a cheque other than when they no longer have an account with HSBC.

 

Thanks though guys and I hope you are all paid in full v soon!

 

Louise

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Congrats Weezy!

I just got another letter! no offer, no money, just more junk mail! :-(

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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do you send a claim for credit card refund to canada square as well?? thank you

 

Yes this is their registered office so would do

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Nope they acknowledged on 4th (this is RBS ) so I am assuming they will follow their pattern to throw in a defence on day 28 which is 4th Sept I think.

 

My other is Barclays ......those other stallers of the highest degree who ack on 14th and have until 8th to file.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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