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    • If a DCA supplies a reconstituted copy of the CCA what would be the next step. It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.        
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
    • Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed some of the worst tendencies in British politics”. “The only way to think about it is as a psychodrama enacted, for the most part, by a small group of middle-aged men who went to élite private schools, studied at the University of Oxford, and have been climbing and chucking one another off the ladder of British public life" Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ WWW.INDEPENDENT.CO.UK The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed...  
    • UK travellers are being caught out by post-Brexit passport rules.   When do I renew my UK passport and what is the 10-year rule? WWW.BBC.COM UK travellers have been turned away at airports because their passports are not valid for EU travel.                                   
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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.

      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.

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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.
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      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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Closure of account and ombudsman


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Has anyone had any sense out of the ombudsman regarding closure of accounts? I have just come off the phone to Alliance and Leicser and they say they have "voluntary" closed the account but I cannot reopen it until the outcome of the test case!! I have made a claim against Barclays and I hope they dont do the same thing as I do not have the money to repay the overdraft!

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Has anyone had any sense out of the ombudsman regarding closure of accounts? I have just come off the phone to Alliance and Leicser and they say they have "voluntary" closed the account but I cannot reopen it until the outcome of the test case!! I have made a claim against Barclays and I hope they dont do the same thing as I do not have the money to repay the overdraft!

 

Hang on they have voluntarily closed the account??

.

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

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Exactly! I didnt really get the drift of what the woman was talking about, being very awkard, they said the account was closed, it would not go against my credit rating but basically incase I decided to try and claim any future charges they closed the acccount!

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Exactly! I didnt really get the drift of what the woman was talking about, being very awkard, they said the account was closed, it would not go against my credit rating but basically incase I decided to try and claim any future charges they closed the acccount!

 

Have you claimed bank charges?

Have you got what she said in writing?

Ask for a final response in writing.

.

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

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Yes I made a claim and got the charges back about 6 weeks ago but the final response did not say the account would be closed, basically there were £100 in charges pending which I did not think would be added as they were for the period before the claim was settled, but had not been debited. I had £250 o/d which I planned to pay that off, but then the £100 charges got taken out AGAIN so I was then over the limit without knowing, as I had cancelled all d/d's etc I did not bother checking the account and I was back in the same boat without knowing, I dont know if this is the reason behind the4 closure, I have had nothing it writing and when I spoke to the lasy initially she claimed I had spoken to somebody on the 27th July, and I have never spoken to anyone by phone at all!

 

I hope this makes sense! Confused.com

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Fantastic news for a few reasons:

 

"16. Before closing a personal current account of a customer in financial difficulty, the firm might offer the customer a basic bank account, if this is a facility that the bank offers."

 

and:

 

"(18 ) the firm must not close accounts or threaten closure of accounts of customers when it might reasonably appear that this is for the purpose (or with the intent) of penalising customers that have complained about unauthorised overdraft charges for having complained, or deterring future complaints from these customers or others. For the avoidance of doubt, the firm may close accounts or threaten to close accounts where there is good justification for doing so based on the circumstances of the particular case;"

 

Now technically from your post, as your aren't that bothered, then it isn't a major issue since they refunded the charges, haven't as such closed it until the conclusion of the OFT test case and you use another account. However, had it been your only account then that is a different issue.

.

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

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Fantastic news for a few reasons:

 

"16. Before closing a personal current account of a customer in financial difficulty, the firm might offer the customer a basic bank account, if this is a facility that the bank offers."

 

and:

 

"(18 ) the firm must not close accounts or threaten closure of accounts of customers when it might reasonably appear that this is for the purpose (or with the intent) of penalising customers that have complained about unauthorised overdraft charges for having complained, or deterring future complaints from these customers or others. For the avoidance of doubt, the firm may close accounts or threaten to close accounts where there is good justification for doing so based on the circumstances of the particular case;"

 

Now technically from your post, as your aren't that bothered, then it isn't a major issue since they refunded the charges, haven't as such closed it until the conclusion of the OFT test case and you use another account. However, had it been your only account then that is a different issue.

 

:shock: Where is this golden nugget of info from?! This helps me no end!

 

Sorry for butting in losingmycool, best of luck to you :)

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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:shock: Where is this golden nugget of info from?! This helps me no end!

 

Sorry for butting in losingmycool, best of luck to you :)

It's from the FSA Waiver on bank charges. It is on my signature on MSE but not here.

.

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

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