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    • Dont expect instant resolution of 14 years of poopulist party, personal and vipal excess .. but I do believe that starmer will quickly start significant delivery of change - and deliver in the long run   They need to deliver to prevent a massive rebound away from them.   Lets remember - it took the torys a couple of years to trash the country and its reputation although they worked hard on it from day one. I expect no less in timescales, and a lot more in effort and application in Starmers resolution to the tory poop abuses.
    • True, but all the threads we have for Wise concern hospital car park parking (except one) so it would suggest a hospital car park.
    • Don't worry, a week and a half is fine, especially as you've already drafted a WS. However, we need to see everything as dx says in the post above.
    • This preliminary hearing has been allocated 20 minutes so it should be fairly simple. However, judges are always on the look-out to get cases settled and sometimes these things can mushroom unexpectedly, so I would take along all the paperwork in order and prepare too much rather than too little. For example, we have a recent case where someone went to a preliminary hearing but the judge was appalled by the parking company's case and put huge pressure on their solicitor to discontinue - which he did. I have personal experience of trotting along to a preliminary hearing, only for the judge to go ballistic at the other side's solicitor who promptly dropped the whole case against me. I suggest your Mum takes these notes along and refers to them when necessary.   1.  I sent Parking Eye a Subject Access Request on 03/07/2023.  After one calendar month they had not replied. 2.  Their failure caused me a great deal of distress.  I was desperately trying to prepare for a court case and I felt they were hiding information from me. 3.  However, I did not rush to court, I sent a Letter of Claim on 03/08/2023 giving them an extension.  Again they did not reply.  So I started this court case. 4.  Parking Eye insist I have proof of postage for everything I sent - and I do.  5.  Parking Eye eventually satisfied my Subject Access request at the end of August 2023.  I believe they put a false date on their letter to pretend to have satisfied the one-calendar month deadline.  I believe they will have no proof of postage. 6.  In April Parking Eye sent me a letter to try to settle the matter, which offered me nothing.  7.  Later I sent them a letter offering to settle and asking them to offer a serious amount, not nothing, but they did not reply. 8.  I would be willing to settle out of court, but not on the basis that they offer me nothing.  
    • That was the date the email was received from them
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    • 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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The Banking Ombudsman


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Following a separate conversation:

 

I think that the advice to everyone on this group should be:

 

"Check every communication from the bank - if they mention the Ombudsman then take the bank at their word..."

 

Quoting Dave: "The ombudsman will charge the bank (I think £370) in the event of a complaint win or lose."

 

Assuming that thousands of investigations (and £370 charges) will be raised this way it will be interesting to see if the banks complain of harrassment or abuse of process...

 

Quoting Dave: "They can hardly claim harrasement OR abuse of service if they recommended the course of action in the first place"

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Sorry - is that if the case has been with the bank within the timeframe, or if the bank is now outside the timeframe?

 

Either way, I'm not going to lose sleep over the fact that the bank saved a tenner.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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But the very fact that the investigation has been raised will ensure that the bank is charged at some point in time?

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Not necessarily. It is a much quicker process to go the way that is being promoted on here as the bank will not pay out on the threat of a FOS referral. They may decide to pay out once they get the 14 day letter which is sent out by the FOS warning them of the fee but this is only sent out once the complaint is 40 days old. I think that you are unlikley to get any interest out of them going this route as well. At present I don't believe that the FOS has found in anyone's favour - I am sure that the Banks have deadlocked cases like these before and as there is a contract between the bank and customer the FOS will normally uphold that. They don't go into discussions about the legality of the charges, merely that a contract was issued and Interest Rates and Charges leaflets were sent every year - therefore the charges stand. As you might have guessed, I am bank staff (permitted to be on here!) and I am going the legal route if the first two letters don't work.

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So effectively when the bank 'helpfully' points us to the Ombudsman, they are hoping we may run into an obstacle? Additionally, from your post, the FOS may uphold the contract, but as has been discussed elsewhere, the contract terms may not be lawful. This is one of the planks that I believe our cases rest on.

 

I would be keen to learn more about the Ombudsman, especially as the banks seem to use it as a stalling tactic whilst they develop a workaround. If the Ombudsman route is best left until after settlement, it would be worth amending my initial entry to this thread.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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As we have all found, the banks send out standard letters. They are obliged to issue ack letters, 20 day holding letters and 40 day holding letters as this is a Financial Services Authority requirement. The problem is once you have settled out of court with the bank, the FOS will then consider your complaint resolved and will not take it on and will not charge. It is a bit of a catch 22 situation but I am sure that someone will go the FOS route. I don't think that if the FOS ruled against you that this would stop the legal route but I can't wait that long to find out!

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It's my understanding that any ruling made by the FOS is binding on the banks but not binding on you.

 

In otherwords, the FOS could order the bank to pay you £500 in compensation or whatever. The bank cannot appeal this (they have to abide by the decision and pay you), but you have the right to decline the offer and take further action if you wish.

I only mouth my opinion, please look elsewhere for sensible advice! :)

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The reply I received to my first letter before action, whilst not a standard response as in other threads, still made reference to the Ombudsman. Following the Ombudsman topic in many threads, I amended my second letter before action to include the following:

Finally, I thank you for the furnished information regarding the Financial Ombudsman Service. Whilst I fully intend to raise this issue with the Ombudsman, I realise that I am able to do this in my own time, and will do so once the issue has been resolved to my complete satisfaction. I understand the bank's intention in offering this route to resolution, and am fully aware that this is merely a diversionary tactic, designed to stall my timetable, and to undermine my determination to seek full financial restitution for the inconvenience this has caused me.

If anyone uses it, and it gets a positive result, please post back here for the benefit of others.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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  • 1 year later...

Hi all

 

I used the ombudsman service & got a full refund on the 8th week, my son used it too he also got a full refund. I have several friends also awaiting the monies to be repaid iminently.

 

You are right about the 8% interest, I could have claimed it however that meant the obudsman then taking over & as they are so busy following the watchdog programme we decided to take the full refund.

 

Hope this helps

 

Good Luck

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I have the complaint form to fill in for the Ombudsman - did you explain in full on the form the reason behind your claim for unfair charges to be refunded and how much detail did you go in to? I presume I can slightly doctor one of the template letters?

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If you are not satisfied with the financial ombudsmans conclusions or feel that they have formed a biased opinion. Who can you complain to and is there a body above their head, to raise issues with?

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Hi all

my three sons have all gone down the F.O.S. route 2 of them I am helping through this site as they are having problems, but the third one has been settled in full 2 days before the end of his 8 week time limit.

After his initial letter of his complaint via the Ombudsman he did not receive any communication from the bank at all only the final offer letter.

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  • 11 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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