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    • Hi 👋  I've received an out of the blue letter from Intrum saying they've passed a historic debt to Resolvecall who will be visiting our property if we don't get in touch.  I am certain this is statute barred and designed to scare us.  Do we ignore it?
    • 1) You can call them judge 2) I would say something to the line of "The Claimant needs to prove I was driving. I don't accept or deny being driving." 3) Yes I will see if I can find out for you now  
    • Hi All, I've just had the inevitable N24 and other paperwork arrive. I've read other examples on here and I think I understand the steps to follow. I have until the 28th May to return the N180 Small Claims Direction Questionnaire, I also have an N244 Application notice copy. I read an update on a case you kindly put a link in for me to read. Turns out they lost in court and are now struggling. I really don't want to get to that stage and am thinking mediation may be the way forward? Thoughts please? Pretty sure I've missed the 7 days to have the order set aside.  For reference, this is what I received: Dated 8th May Before Deputy District Judge Baker sitting at the Civil National Business Centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN1 2LH   The Court will deal with the application to lift the stay without hearing under CPR 23.8(c)   It is ordered that:   The Application to lift the stay and for direction questionnaires to be issued is granted.   Because this Order has been made without a hearing, the parties have the right to apply to have the Order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. If the application is one which requires a hearing, and   a) the party making the application is the Defendant; and b) the Defendant is an individual,   then upon the filing of the application the claim will be transferred to the Defendant's home court. In all other cases requiring a hearing the claim will be transferred to the preferred court.  
    • no ftmdave ive not emailed at ceo level..i did not know you could do that....but i will do now, thanks. ive just been wasting time emailing to customer complaints department
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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
      • 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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Zebbydog v Yb ***WON***


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I think they are likely to be equally awkward frankly. You could send them a revised prelim stating that now you have the current account details you want both lots back, give them 10 days and then LBA.

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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Prelim letter for visa account sent first class recorded delivery to address on sticky on this forum 12 september.But Royal Mail tracking number not showing that it has been delivered yet:confused: I was going to send prelim letter for current account tomorrow claiming back £2397 but not sure what to do now that first letter in respect of visa acc seems to be missing.Have sent gf a text with tracking no and told her to call at post office and see what the story is.

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Ok gf been to post office and they dont seem interested,just gave her a form to fill in.So it looks like I will have to do another prelim letter for the visa acc.Does anyone know if it would be acceptable to include it with the claim for the current acc :confused: and send it to the manager at the local branch of YB?

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That will be no problem at all. Mine all went to the local branch.

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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As long as it is under £5,000 total to keep within small 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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Latest update.It seems that YB did get the prelim letter(although still not showing on Royal mail site,whats that all about?silly me I was thinking that when you pay for recorded,you get a record of delivery:confused: ) because we received afob off letter from card services.Sorry you are not happy and appear to have lost confidence in our card,but we are not refunding,t and c's ombudsman, internal complaints procedure etc etc.Now going to to do LBA.Prelim for current acc went out yesterday

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Prelim letter for current acc sent last thurs .Letter arrived today from Glasgow but not opened it yet (Gf at work) I presume it is the fob off letter.LBA for visa account going out today.

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Bog off letter came in response to our prelim letter for current acc.explaining charges were fair etc etc,also a threat to counterclaim if we take court action.strangely this letter cme from the local branch not Glasgow.Lba now sent,lba for visa acc went two days ago

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  • 2 weeks later...

Latest update.Recieved a letter yesterday from Mr McKirdy,saying he is going to reopen our complaint and bring it to a speedy conclusion ,but it could take 28 days.I presume this is a load of bull and if we wait the 28 days we will hear nothing? the letter does not make any ref to an account number,but judging by the date he mentions,I presume it is for the cuurent acc (the big claim).No mention of the Visa account ( the LBA expires on tuesday).I was going to wait until next weekend and then file a money claim.But my question is, can I include both accounts on the one claim.Or does it have to be done separately,seeing as it is two different addresses,ie local branch for curr acc and the Leeds address for the Visa acc.I want to get this right as I dont want to give them any excuse to try and get the claim thrown out at a later date.Any advice will be most welcome

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You are where I am Zebby. My LBA runs out today, therefore Im sending the MCOL today, however I have just noticed an N1 Form?? - Im waiting for a moderator to explain this to me?

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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Also g/f got latest statement today showing £25 charges to be added next month.The reason? she went 1p over her o/d limit for 1 day:mad: Would it be wise to write and ask for this charge to be waived or or ask for a breakdown of costs to determine how it is costing them £25 to cover 1p over a period of 1 day or forget it and and make a new claim later? I cant add it to current claim as we are already at the six year point.It seems they never learn,this has made us determined to take them all the way

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You can put both claims together if they are in the same name and against the same organisation, and you can add on charges as they occur. Presumably you mean that you went back 6 years when you started, which is fine, but you can add new charges on at least until you complete your allocation questionnaire, or you could ask for them up to the date you settle which will inevitably happen.

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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Ok. Lba deadline passed for both accounts,I have done the calculations again and added interest.I have just issued the MCOL. Do i now have to send the bank the updated details of the claim with the interest added? and do I have to send one to the court.:)

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Normally it would be 2 to the court, one of those being for the bank, but given the present silliness over threats to strike out due to lack of details, send YB one too. I would still send 2 to the court to be on the safe side though.

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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Ok thanks Caro.So correct me if I am wrong.I can now send YB the updated schedule of charges including interest, to the address I put on MCOL and then I wait to hear from the court to send them the new schedule of scarges (i dont have an address for the court yet) presumably at the AQ stage:confused:

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I did it at the AQ stage and it didn't seem to be a problem as I believe the case is not considered until after that.

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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Today we received a letter from Ms Ross stating that as we have not provided the bank with a detailed schedule of the charges we are claiming back,she will aplly to the court to have our claim struck out if we do not provide these by 25/10/06.Have sent these today to the legal dept and a copy to head office in Leeds pointing out that this is the third time I have sent a schedule of charges to them and after taking legal advice have now added 8% interest to the claim.The bloody cheek of these people

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It seems Ms Ross is either incompetent or a stranger to the truth:o Anyway have sent schedule again today and will send two copies to the court on Monday.Should I also send a copy of the letter from Ms Ross?

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Hi Zebbydog ,

Been following ur thread , Miss Ross cant be THAT stupid(can she??) , if u look at my thread u will see my problems with exactly the same woman.She is either very crafty or very stupid . Caro knows which one I would go for:D

 

Good luck Zebby and keep us posted

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Hi Jules

Had a look at your thread and I must say i find it is unbelieveable the depths they will stoop to, lies and more lies then sorry we made a mistake:o Still I suppose it will make people even more determined to take things to the bitter end,but they dont seem to comprehend this:mad:

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I wouldn't bother sending a copy of Miss Ross's letter at this stage. Just keep it with your other letters ready for your bundle of paperwork for the court if you ever need it. No doubt Miss R will write to the court if she wants to herself, and the court will know that you have sent a schedule so let her waste her time and not yours.

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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  • 4 weeks later...

Ok as expected they have defended at the last minute and denied all the claim.I take it we will be hearing from the court by post now.So bring it on,its show time.If they think we are gonna go away.They are sadly mistaken.Lets get into it:p

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