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    • Thousands more passengers could face delays or cancellations after an arson attack on France's train network on Friday.View the full article
    • 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
  • Our picks

    • 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
      • 162 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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Rediculous monthly charges.


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A couple of months ago I lost my job (the venue closed) and since then, I have been receiving Jobseekers Allowance. My situation is tight but the charges that Natwest keep imposing on me are ridiculous. I check my online bank today, and realise that the £4 I have in my pocket has got to last me almost 2 weeks.

 

charges.jpg

 

How can it be deemed fair to charge someone who has an income of £60 a week (from benefits) over £70, and this happens just about every month. I know the £28 charge is for going past my limit, however this only ever happens when other charges are made. The dates in the description of the the charges ~ I have no idea what they mean, there was no account activity on any of those days or +/- 2days.

 

Last month I was given the £28 charge and I didn't even go overdrawn, and luckily for me, said charge did put me over ensuring that it comes again, and again.

 

I think I will walk to my local branch shortly but I'm pretty sure they wont do anything, and I don't know really where to turn. Reading through other people's cases, I see claiming back charges is pretty much a no-go at the moment, I wonder if and how I could put in a claim for financial hardship? I can't seem to see where information is held about this.

 

Any help or advise would be grand.

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A couple of months ago I lost my job (the venue closed) and since then, I have been receiving Jobseekers Allowance. My situation is tight but the charges that Natwest keep imposing on me are ridiculous. I check my online bank today, and realise that the £4 I have in my pocket has got to last me almost 2 weeks.

 

charges.jpg

 

How can it be deemed fair to charge someone who has an income of £60 a week (from benefits) over £70, and this happens just about every month. I know the £28 charge is for going past my limit, however this only ever happens when other charges are made. The dates in the description of the the charges ~ I have no idea what they mean, there was no account activity on any of those days or +/- 2days.

 

Last month I was given the £28 charge and I didn't even go overdrawn, and luckily for me, said charge did put me over ensuring that it comes again, and again.

 

I think I will walk to my local branch shortly but I'm pretty sure they wont do anything, and I don't know really where to turn. Reading through other people's cases, I see claiming back charges is pretty much a no-go at the moment, I wonder if and how I could put in a claim for financial hardship? I can't seem to see where information is held about this.

 

Any help or advise would be grand.

 

You have had an advantage gold account. £12.95. Am gonna look at the other charges now because the new terms and conditions have kicked in so am gonna post and get myself in front of those terms and conditions and post again as to what the others are.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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"From 4 April 2009, we will be aligning your charging period with the period covered by your monthly

statement. Your charging period will now end on your statement date. Your statement date is the

date we issue your statement to you, not the date you receive it. The dates on which we deduct any

debit interest, Maintenance Charges and Advantage Banking subscription fees accrued on your

account will also change from this date. These will be debited from your account 21 days after the

charging period in which they accrued or were incurred (or on the next business day if this is a

Saturday, Sunday or Bank Holiday).

For the first month following the change you may be charged any debit interest, Maintenance

Charge and Advantage Banking subscription fee (if payable by you) earlier or later in the month than

usual. The amount you pay is not changing. We are simply changing the date we deduct any

charges or debit interest payable by you."

 

The £12.95 is therefore Advantage Gold fee. If you did change it back then some of it is interest and service charges. The £28 was for being overdrawn in March.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Thanks for the help, rather than trying to ask for charges back for the last 6 years, or make a financial hardship claim, would I likely be more successful in just asking for the last few months back as I have been on benefit for this period. I'm not really here to make money, I just want to be able to use the weekly money I am given to live, rather than 30% goto bank fines.

 

I'm guessing this isn't something I should do at my local branch, but a letter to one of the addresses at the top of this forum. Are there any standard letters out there for this?

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In your situation you are certainly eligible to be dealt with according to your hardship.

It does not mean that you have to make a claim.

Under the March 2008 banking codes there is a requirement that they look sympathetically at your financial circumstances.

You should remind them of this.

Personally I would seek those charges that you have been levied with to be returned,if they refuse then it gives recourse to ask the FOS to do the job for you.

You will need to show that you have provided them with all that they need to give considerations-after you have done that then you have complied with whats required.

Simply making a request for a refund without submitting supporting evidence and reminding them of their duty,is not enough.

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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Theres guidance for submitting a request for consideration under hardship in the forums,together with an income and expenditure form and accompanying letter.

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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If the appeal was not going to happen for a long time,I would have suggested going to the FOS first if NW dont sort you out. But there is expectation of a decision this side of 2009.Filing a claim and getting in the queue since you will have fee remission from Court fees would not go amiss if they dont refund you.

As you say you dont want to go down that route its your choice-but its quite possible that you would achieve a result more speedily given the time that the FOS is taking to deal with complaints.

One guy I am helping is still awaiting the FOS to sort things under hardship after almost 7 months !

Edited by MARTIN3030

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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