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    • @jk2054 retailer said they'd speak to dpd on Tuesday. I don't want to screw the retailer because they were doing me a favour by fixing it for free so I hope dpd will refund them so they don't lose out.   Will keep you guys posted. 
    • Well, we live on the same road so it should be the same postcode. When I spoke to dpd and asked why were my neighbours' address not on the list and she said maybe they're not of the same postcode and I checked and they definitely were. Not to mention, delivery instructions are supposed to override actual customer's address which is why they asked for instructions I thought.
    • again a quick google search states Appeal a DVLA fine - GOV.UK (www.gov.uk) i would not be appealing mind. it's only a summary charge which they rarely do court on and pass out the powerless DCA's whom are not bailiffs they have 6mts. see where they go. as you've sorn'd it will probably be nulled. dx  
    • There are a number of reasons why you may not have been issued a notice in the post within 14 days. If you were stopped by the police it may have been given verbally. In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and £100.00 fine by post or an offer of a speed awareness course. If the offence is considered too serious for a speed awareness course or fixed penalty you may be charged with an offence which normally occurs by way of the issue of a Single Justice Procedure Notice. If the vehicle within which the alleged offence took place was registered to another person or company there is technically no need for a notice to be issued to the driver. After the police have obtained details of the nominated the driver, they will normally send the notice to them, although there are no time limits within which they must do so (provided that the notice was received within 14 days by the registered keeper of the vehicle). In such circumstances, a person may receive a notice several months after the alleged offence too place but still be prosecuted. A Guide to a Notice of Intended Prosecution | Motoring Offence Lawyers the above copy n paste link has purely been copy n pasted here to inform you of the regs, which you could have done yourself by, as this is, a google search......... we do not ever recommend using such offered webservices! dont dx    
  • 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
      • 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
        • Like

Hugh v Yorkshire Bank ***WON WITH INTEREST TO DATE OF SETTLEMENT***


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  • 3 weeks later...

OK, the judge has looked at the AQ's in this case and issued directions and a hearing date. There is some good news and some I'm not sure what to make of it...

 

The good news......

 

The judge has ignored YB's request for a stay and ordered a full hearing for 31st Janurary at 10:30 am

 

The 'not quite sure what to make of it' news

 

I've been ordered to, as part of my witness statement to list every charge again and state for each charge why I consider it unfair............

 

H

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  • 1 month later...

Hi,

 

Finally.........Yorksire Bank have offered to settle for full value + interest and costs. ;-)

 

The letter is their normal 'notice of discontinuence' which they will hold undelivered so I've written back suggesting tell them that whilst I'm happy they've settled I'll hold their form and deliver it to the cout when I have cleared funds, and continue the action until that time. Hopefully that'll hurry them up a little because they have to have a bundle with me by Wednesday otherwise I can apply to have the defence struck out.

 

All in all some fantastic news and about time they pulled they're fingers out.......

 

Donation will be on the way as soon as I get this.

 

Hugh

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That's great news Hugh, well done and congrat's on holding out for a full pay out. Did you have to list all charges again with why you considered them unfair, i thought the particulars of claim made it clear why they are unfair. and finally, they are cutting it a bit fine aren't they if they've only got until Wed, still it keeps the pressure on them.

 

Regards Moss

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Thanks Moss,

 

I had written my witness statement to describe each form of charge, and why I considered it unfair, but then stated the to refer to my schedule to obtain details of each chagre as there were so many. I'd also refered in detail to the Australian study as I had thought this very relevant due to the ownership of Clydesdale and Yorkshire bank. I guess we won't find out now due to them settling. I'll post a copy of my witness statement when I et home for anybody interested.

 

I've faxed and posted mt reply to Yorkshire Bank suggesting that they finalise the details by email as I wouldn't want them to miss court deadlines due to their slowness. Hopefully I can get cleared funds out of them this week with that hanging over them, but although they're cutting it fine I don't want to get judgement knowing they're willing to settle and have to go through all the delays associated with set aside.

 

In fairness, although they've been bery slow they don't seem to have been asa obstructive as some. Mortages PLC ERC next ;-)

 

Cheers

 

Hugh

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Looks good Hugh, but I won't include won in your title until you have the money. Can you please confirm they are including interest to the date of settlement, rather that date of claim, as they have with some (including mine). If not, I suggest that you hold out for every last penny. I'm sure they will still want to settle.

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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Hi Caro,

 

They've offered in full including interest to date of settlement, not claim, so I'm happy with the financial terms, I'm just hopeful that be cause I'm going to kepp the cla9im going until I have cleared funds they'll pay fairly quickly.

 

Cheers

 

Hugh

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  • 2 weeks later...

YIPPEEEE!!!!!

Congratulations

 

You have no idea how happy I am about this. You have proved that if you just hang on in there, you will get full interest. Well done Hugh.

 

Come on Kirsty, where's my offer with the interest?

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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Thats great news.... I have got my court date its 26th March looks like they have agreed to the banks request for a stay just dragging it out a bit more I cant wait for it to be over either way, Im dreading going to court but fingers crossed I might not have too

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