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    • Ok so Starling came back to me and said they have made some changes on my account and I should now be able to use the 'switch' option. I have a Monzo account which I opened when I opened the Starling account, but I have not used it as yet because I was happy with Starling. I feel like I am seriously running out of options. If Monzo do the same as Startling and let me set up all my direct debits and standing orders etc and then tell me they're closing my account in so many months, what do I do then? Where do I get a bank account?  I have applied to Nationwide, got the account set up and all the details etc. Then today received an email saying sorry they were not going ahead with the account and it would be closed today. They didn't give me the option of a super basic account. I have tried RBS and Co-op too and they basically did and said the same.  I feel like a leper or something. I have only defaulted on my loans one month. It hasn't even shown up on my credit report yet, but these knock backs are definitely to do with my credit score because RBS said " Unfortunately, having made those checks we are unable to proceed with opening your account at this stage."  I don't know what to do.  I did open a Co-operative account and have all the details and even a debit card, but when I'm trying to register for online/mobile banking it is just saying for security reasons the account is locked and to call this number, which I managed to get through to the other day after holding for an hour. I am on hold again now but with what's happened with Nationwide and RBS, I am not feeling particularly optimistic. Any advice on where to go or what to do next? x
    • Thanks for coming back and letting us know.  This is much appreciated because sadly most people don't. We have a new Alliance case which has pushed me to look at old cases.  The good news is that, for all their bluster, Alliance have never had the bottle to take a Cagger to court. Please do come back though if they ever send you a Letter of Claim.
    • Thanks for this update. Well done it's a good result. Typical of this company EVRi – they dangle you around for over a year and then tried a quibble to try and save a few quid – but actually it's not about saving money it's about saving face. I don't see why they bother to save face because they have no shame. They were prepared to smash up your mother's birthday and then refused to pay you out a paltry 75 quid or so – even though they know full well that you have third-party rights and they know full well that the little insurance scam is contrary to section 57 and section 72 of the Consumer Rights Act. I wonder what they would do if it was their own mothers? Well done for standing your ground. Well done for resisting mediation which would simply have added an extra stage to the process and of course they would then have threatened you to keep quiet if you revealed what had happened. You can see they are desperate to avoid further judgements against them. They know that what they are doing is unlawful but it is making them huge profits and they don't want to rock the boat! Hopefully you have learned enough that if this kind of thing happens again with EVRi or any other company, you will feel confident about taking it forward although of course we will be here to help you and support you as you need. Thank you for the donation. I am sending you an email about this.  
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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.

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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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30 month STA. Commencing 9 Feb 2008, expiring 8 Aug 2010.

 

Individually negotiated term:-

"The landlord and tenant are both able to issue 3 month notice in writing upon each other with notice being served on or before the anniversary of the tenancy commencement after the first six month period."

 

LA issued an S21 in October 2008 with expiry date of 8 January 2009.

 

CLAIM ONE

LA issued "N1 Claim Form" (ie an all-purpose claim form) in December 2008. On the front of the page, under "brief details of claim", they have written "rent arrears" and on the reverse of the claim after giving details of the arrears they have written "notice of possession has been served on Mr X to vacate on 8 Jan 2009."

 

This was defended because the claimant had made numerous errors on the claim and it was argued the S21 was wrong as it expired before the 12 month anniversary.

 

A hearing date is set for May 2009.

 

CLAIM TWO

LA issued "N5 Claim form for Possession of Property" in March 2009. On the reverse of the claim form under "grounds for possession" they have marked "rent arrears".

 

On the attached N119 "Particulars of Claim for Possession) they state

"On 28 January 2009 the claimant's solicitors served a notice exercising the break clause terminating his tenancy on 29th April 2009 by first class post. The claimant's solicitors further served a notice pursuat to S21(1)(b) of the Housing Act 1998 requiring possession of the property after 29 April 2009."

"If the Court must exercise its discretion in considering whether to grant a possession order, would the court have regard to the fact that if a possession order is not granted in these proceedgins then the claimant will commence new proceedings at the expiry of the S21 notice in any event which will result in unnecessary additional costs being incurred by both the claimant and the defendant. A copy of the letter date 28 January 2009 wtih attached S21 notice is attached."

 

A hearing date is set for April 2009.

 

1. The defendant did not receive this alleged letter of 28 January 2009 with S21 notice attached.

2. The 28 January 2009 letter exhibited with the court papers shows an S21 notice and an S8 notice (but it seems there is no mention of the S8 notice int he court papers)

3. Is it right to issue an S21 and S8 notice together?

4. Is is right to start two actions, both for rent arrears, against the same tenant? We assume Claim 2 was launched because they did not like the date allocated for Claim 1's hearing.

5. We would like to get Claim 2 kicked out as it is anticipated that funds to cover arrears will be available shortly.

 

Comments/ advice gratefully received.

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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