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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 
      • 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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Un1boy v Co-Op **SETTLED IN FULL**


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Hmmm....went about 20 quids over my overdraft the other day and credited it straight away, got ym smile statement and no mention of any charges - not even debit interest (which they are entitled to take!)

 

How strange?

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un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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If you use the sites spreadsheets and add all of the charges on, and treat the refund as a minus figure, it will also deduct the interest I believe.

 

Do you put the dates in too? Because it takes away the daily interest amounts. It shouldn't take the daily interest away, should it? It just shuoldn't be included!

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un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Hiya, received this letter yesterday:

 

__________

 

Dear Un1boy

 

Account number: xxxx and xxxxx

 

Thank you for your recent correspondance. I am sorry you have had to write to us.

 

I can appreciate that you are unhappy with the charges that have been applied to your accounts. As you are aware, the charges are valid and in line with the terms of your accounts.

 

After reviewing your accounts, I can confirm the total charges of £90.00 and £220.00 have been refunded to your accounts as a gesture of goodwill on this occasion only. This will appear as a credit on your next statements.

 

I hope this meets with your approval. However if you have any further enquires please do not hesitate to contact customer blah blah blah

___________

 

so, the long and short of it is I've won!!!!! :D :D :D

 

now, do I leave it at that, or should I write and ask for my costs towards the DPA request and recorded delivery too?! lol.

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My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Hiya, received this letter yesterday:

 

__________

 

Dear Un1boy

 

Account number: xxxx and xxxxx

 

Thank you for your recent correspondance. I am sorry you have had to write to us.

 

I can appreciate that you are unhappy with the charges that have been applied to your accounts. As you are aware, the charges are valid and in line with the terms of your accounts.

 

After reviewing your accounts, I can confirm the total charges of £90.00 and £220.00 have been refunded to your accounts as a gesture of goodwill on this occasion only. This will appear as a credit on your next statements.

 

I hope this meets with your approval. However if you have any further enquires please do not hesitate to contact customer blah blah blah

___________

 

so, the long and short of it is I've won!!!!! :D :D :D

 

now, do I leave it at that, or should I write and ask for my costs towards the DPA request and recorded delivery too?! lol.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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ok, not heard anythign from them about my prelim - got this secure message from "Manager" today though:

 

Dear Un1boy

 

I'm sorry that we haven't been able to respond to your complaint.

 

At the moment we are still looking into the issues you've raised regarding charges. As soon as we've made a decision about this we'll be able to send you a full response.

 

We hope to be able to send you this shortly, but if there are likely to be any more delays, I'll be sure to let you know.

 

Regards

 

smile Complaints Team

 

PS - For full details of our complaints procedures go to Redirecting to Smile Production Site, click on 'talk to us' then click on 'complaints' on the right hand side.

 

Whatever - you've got the 14 days my LBA gave you, then MCOL will be issued!!

 

Just received this re; my CO-OP accounts (NOT my Smile account!!)

__________

 

Dear Un1boy

 

Account number: xxxx and xxxxx

 

Thank you for your recent correspondance. I am sorry you have had to write to us.

 

I can appreciate that you are unhappy with the charges that have been applied to your accounts. As you are aware, the charges are valid and in line with the terms of your accounts.

 

After reviewing your accounts, I can confirm the total charges of £90.00 and £220.00 have been refunded to your accounts as a gesture of goodwill on this occasion only. This will appear as a credit on your next statements.

 

I hope this meets with your approval. However if you have any further enquires please do not hesitate to contact customer blah blah blah

___________

 

so, the long and short of it is I've won for my other accoutns!!!!! :grin: :grin: :grin:

 

now, do I leave it at that, or should I write and ask for my costs towards the Data Protection Act request and recorded delivery too?! lol.

 

In terms of Smile - why are they doing this now, by making us go to MCOL?! lol. i received the above letter after my LBA. It'll be interesting to see how Smile deal with this.

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My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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I went over my OD by accident the other day (first charges in 18 months!) and I sent a secure message asking if I'd be charged because I transferred the dosh that day. Got one back saying this:

___________

I've checked and can see that you have exceeded your agreed overdraft limit for 1 day. As such you will have charges, which will debit on the 21 of October.

 

At the moment the charge stands at £20.00.

 

The charges for going over your overdraft limit are:

 

- £15.00 service charge (this is for going over the agreed overdraft limit)

 

- £5.00 daily charge (for every day you're over your overdraft limit).

 

Our charging period runs from the 5th of one month to the 4th of the next month, with the charges applied on or as near to the 21st of the month as possible.

__________

 

So I sent one back saying that how can I get charged for one day going over, when it was actually about 2 hours? The last line of my message said, "I was under the impression these charges are unlaawful."

 

Hmm...let's see what they have to say to that!! lol

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My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Congratulations un1boy. Looks like you are doing well with your claims.

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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You are on a roll now. Well done.

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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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Thanks Caro - yes, I am doing ok. How are all your claims going?

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My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Hehe, thanks - how are yours going?

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My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Smile paid up no problem, but need to do round 2 as had more charges.:)

Not got round to doing MCOL for Alliance and Leicester.:rolleyes:

Yorkshire Bank case stayed for 30 days so we can settle. 10 days left and not a word.:-x

Revenge will be mine though.:lol:

Thanks for asking.:)

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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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Smile paid up no problem, but need to do round 2 as had more charges.:)

Not got round to doing MCOL for Alliance and Leicester.:rolleyes:

Yorkshire Bank case stayed for 30 days so we can settle. 10 days left and not a word.:-x

Revenge will be mine though.:lol:

Thanks for asking.:)

 

Hey, no problem!

 

When did you do Smile? Was it recently? From what I can gather, they used to be quite good, but now they are making us issue MCOL!!

 

I'm just sending Co-Op a bill for the psotage and Data Protection Act costs, hehe!!

 

Do you win by default if they don't reply after the stay?

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*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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It's gonna be weird soon though, shoudl have all my charges back by around xmas and then I won't have anymore cheques or whatever to receive. I won't be receiving so much post, that's for sure!

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*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Hey, no problem!

 

When did you do Smile? Was it recently? From what I can gather, they used to be quite good, but now they are making us issue MCOL!!

 

I'm just sending Co-Op a bill for the psotage and Data Protection Act costs, hehe!!

 

Do you win by default if they don't reply after the stay?

It is in my sig and I also had threads. I have heard that Smiles complaints team is really tiny and I think they just can't keep up.

 

As for Yorkshire Bank I wish it was that simple. I would then have to wait for a date from the court. They are a nightmare. I have a thread in that forum if you want to know more.

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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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Get into them! I had a charge after I started court proceedings but got the court papers back as I hadn't specified a specific sum so can now add it in but they will no doubt add more in the future. They have remove dmy online access so I am now unable to keep track of these! Bar stewards!!

 

PS I got the same secure message you have written out in post 15 when I enquired at the end of LBA stage.

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Ok, I'll check your thread out! :)

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*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Ahh, right, well I got the reply in post 15 after m LBA too - so long as they don't remove my access, I'll be ok.

 

Are they allowed to do that? It's an online account and you won't be able to keep track of your account.....

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Bit cheeky but worth a try. I'm sending them this:

_____________

Thank you for your letter dated 26th September 2006 and for refunding the charges requested. I am writing however to request you to refund the costs I incurred due to this. My costs are set out as follows:

 

 

£10.00 DPA request

£4.00 Recorded Delivery Costs

 

 

Total costs = £14.00.

 

 

I am happy for these costs to be refunded to 089300 75107527 within the next 14 days.

 

 

I would appreciate if you can confirm how the refunds will appear on both of my statements, both the charges and my costs.

 

 

Thank you for your time and effort.

______________

What you think?

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*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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If its of any use i sent MBNA a schedule of costs and charges i wanted to reclaim, it included the S.A.R - (Subject Access Request) fee, fees for the letters I wrote, postage and of course the charges, interest id paid and contractual interest.

 

Oh and they paid it all too.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hi Glenn,

 

Thanks for this. How much did you charge for your letters?

 

and what's the difference between id and contractuaral interest?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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I handed the costs letter in and asked for a receipt. They didn't know what to do or how to give me a receipt, but a lady came over and wrote on a comp slip and signed it.

 

She asked me who Ann Walker was and I explained that I was writing a reply direct to a letter that she ahd written.

 

The receipt lady opened my letter and read it!!!!!

 

Is that allowed? I thought that if you opened mail addressed to another person it's a criminal offence?

 

I thought it was soooo rude!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Re the letter charge I charged 6.75 per letter plus postage.

 

If you have been meticulous about the time you have taken in prepareing all the information and working on your claim you could apply a timecharge of 9.25 per hour.

 

IMHO the letter charge is easiest and is easy to demonstrate, i.e. just show the letters sent and count them.

 

Re interest id paid, its interest I had paid (id =I'd or I had)

 

HTH

 

Glenn

  • Confused 1

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hiya,

 

I didn't knwo that, damnit!

 

I've only claimed back the £1 for recorded delivery. Nevermind though, I'll remember for next time!!

 

Do you put it in the particulars of claim?!

 

I've not been maticulous, so it's 6.75 plus postage from now on then! :)

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Hiya,

 

I didn't knwo that, damnit!

 

I've only claimed back the £1 for recorded delivery. Nevermind though, I'll remember for next time!!

 

Do you put it in the particulars of claim?!

 

I've not been maticulous, so it's 6.75 plus postage from now on then! :)

 

NO i dont htink you would put it in the POC, you would prepare a schedule of costs should you win to ask the court to consider.

 

IF you dont get to court then you can ask for it if you feel its worthwhile.

 

JMHO

 

GLenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Oh right cool, well I've sent the one above. I forgot that it's actually £8 for postage becasue I sent the two accounts letter seperately. Nevermind though, the othr £4 I'll leave.

 

What are your opinions about the lady opening my letter - does that breach the DPA?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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