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    • Thanks Dx    merely trying to avoid the fees added considering the circumstances.    Will ring the council tomorrow 👌
    • you could have moved within that time in the same complex. have you this in writing - did you request a copy of the judgement CCJ AND Claimform from northants bulk?   it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge dx
    • That’s really useful info, thank you. You are correct, we did not assert our rights as the issue only developed just over 7 months after purchase. When the problem arose we chose to use Mercedes via the warranty company (RAMP) After a lengthy (3 weeks) and complex investigation Mercedes could not fault find without extra hours being approved, which we reluctantly had to do. Most of the costs incurred are for labour to locate the issue. Therefore all works on the car have now been completed by Mercedes in Croydon. They have provided us with a courtesy car which we have so far had for 1 week. I’m guessing we won’t be able to wait that long for a response from Doves as Mercedes will want the balance settled?  Finance was via Santander, we luckily haven’t incurred any expenses only extreme  stress, cancel numerous arrangements and manage family life without a vehicle for 4 weeks 😢 No one seems to know who replaced the windscreen, the car has full (3 years) Mercedes service history and we have tried to contact the garage where the services were completed to see if they can shed any light but they are impossible to speak to.  Thank you again! I’ll update with a draft of our email in the morning 
    • nothing to do with the magistrates court, they are rubberstamped. council is your target. dont play silly russian roulette by hiding, always works out bad. never run from debt of any kind! the councils CTAX legal dept will be well aware the NOE thus the fees are unenforceable, but they probably dont know it was not served to your correct address.(bailiff they employed not doing their job properly!) have a chat with them, and get the org debt paid off say by small monthly sums. NEVER just pay it by a portal without human intervention as to why you are paying what because of a disputed sum. do things legally and properly  
    • Hope the tories, labor, lib dems and the chap farage shunted out are all out in clacton campaigning and pointing out that * He doesn't live there and has effectively said he doesn't even want to be there and has presented his contempt of them * Hes not just fiscally incompetent, hes fiscally lying * If they do vote for him he'll just hammer expenses and swan off doing whatever he likes at their expense
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    • If you are buying a used car – you need to read this survival guide.
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    • 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
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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.
      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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maria100 v HSBC


maria100
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ive got my reply from the court maria to say they are defending if full. we filed the same day so Im sure you will hear something by the weekend. good luck!

 

Im not going to get cocky just yet in this race as I have never requested a cheque even though thats what i want so u could still steam ahead lol.

 

xx

Kaz :)

 

 

HSBC

claiming £2749 (£3400 with court cost & 8%)

mcol acknowledge 25/09/06

DG requested breakdown 5/10/06

Breakdown sent to DG 12/10/06

 

Yes Car Credit/Direct Auto Finance

CCA request sent 18/10/06

 

Whilst my aim is to be helpful, its reasonable to assume I am not a professional and am (dare I say) not always right. Seek professional help if in doubt

:-D

 

:lol: If i have intentionally or accidently said something of relevance or use to you, please click the scales:lol:

 

"A bank is a place where they lend you an umbrella in fair weather and ask for it back when it begins to rain". - Robert Frost

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  • 2 weeks later...

Maria - I am on the same time scale as yourself - give of take a day or two. Persoanlly I am NOT going to contact them and hopefully let them default by not entering a defence - I do note that the DG person dealing with this is on Hoilday this week... I am only 4 and 6 days away from wining by default - but i am prepaired for them to enter a defence and extend the process even further.

My advise if free and is worth exactly as much as you paid for it….

 

HSBC 28 Oct 2006 Personal accounts ~ Offered and accepted ~ £3514 :)

HSBC 15 Sep 2006 Business ~ Offered and accepted ~ £4980 :)

MBNA 7 Sep Offered and accepted £2290 - (my amount £1170 plus Compound Interest) using the "phone call method" :o

FREEWAY 28th Oct ~ offered and acepted £506 :)

TSB VISA MCOL £300 - court date 27th March 2007

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Oh the fax number for DG is

 

0121 4552150 - it is on your notice of ACK that the court should have sent you...

My advise if free and is worth exactly as much as you paid for it….

 

HSBC 28 Oct 2006 Personal accounts ~ Offered and accepted ~ £3514 :)

HSBC 15 Sep 2006 Business ~ Offered and accepted ~ £4980 :)

MBNA 7 Sep Offered and accepted £2290 - (my amount £1170 plus Compound Interest) using the "phone call method" :o

FREEWAY 28th Oct ~ offered and acepted £506 :)

TSB VISA MCOL £300 - court date 27th March 2007

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Thank you, I am unsure what to do really, could do with the money and would be nice not to have to pay the extra fee with the allocation q but at the same time the interest is going up each day (not by much I might add). Also I'm unsure of how long they have left to respond - I know they are given 5 days from the claim being issued for it to be deemed served but they acknowledged before then, so is it 28 days from when they acknowledged??? or when the courts would have deemed it served which would be 29/9/06???

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Just thought it through and its actually 14 days from service until they enter a defence isn't it - Ignore me I'm getting confused through stress!!

 

.................No its not, its 28 days as they've acknowledged (losing the plot completely now)

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nearly there ! think of that lovely new laptop!!:D

prelim sent !

signed for on the 17 august 2006

LBA signed for on the 5th sept

partial offer received 6th sept

full offer received 15th Sept 2006:grin:

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you are just trying to win the race, arent you??

 

I got the letter from dg asking for breakdown last thursday but didnt send the letter til today. I only put the spreadsheet in...should i have put the photocopies of statements in too?

 

xxx

Kaz :)

 

 

HSBC

claiming £2749 (£3400 with court cost & 8%)

mcol acknowledge 25/09/06

DG requested breakdown 5/10/06

Breakdown sent to DG 12/10/06

 

Yes Car Credit/Direct Auto Finance

CCA request sent 18/10/06

 

Whilst my aim is to be helpful, its reasonable to assume I am not a professional and am (dare I say) not always right. Seek professional help if in doubt

:-D

 

:lol: If i have intentionally or accidently said something of relevance or use to you, please click the scales:lol:

 

"A bank is a place where they lend you an umbrella in fair weather and ask for it back when it begins to rain". - Robert Frost

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Hi Kazzy, I have sent my schedule of charges by email to Debbie D today and had the usual "I am out of the office until 16/10" but I had to do something - need the money really and just plain impatient. She won't get it til Mon but at least they have it now..........

 

...........have to play the waiting game again!

 

I wouldn't worry about sending DG your statements too, I just sent the spreadsheet, I think thats all they need.

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Oh good. would have cost a fortune to post the rest to follow! lol.

 

good luck. lets hope she deals with both our papers on Monday. (though i aint holding my breath lol)

 

i guess first will be the offers... then we agree...then await cheque. sigh...

Kaz :)

 

 

HSBC

claiming £2749 (£3400 with court cost & 8%)

mcol acknowledge 25/09/06

DG requested breakdown 5/10/06

Breakdown sent to DG 12/10/06

 

Yes Car Credit/Direct Auto Finance

CCA request sent 18/10/06

 

Whilst my aim is to be helpful, its reasonable to assume I am not a professional and am (dare I say) not always right. Seek professional help if in doubt

:-D

 

:lol: If i have intentionally or accidently said something of relevance or use to you, please click the scales:lol:

 

"A bank is a place where they lend you an umbrella in fair weather and ask for it back when it begins to rain". - Robert Frost

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  • 2 weeks later...

Right, this morning I have received their defence and the AQ with my case being transferred to Bristol County Court. Now getting nervous, I've heard nothing from DG and expect to have to battle for a chq so times running out and feel like I need to start preparing for court just incase!!

 

Any advice would be v welcome at this stage.

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Hi Maria

 

Flipping heck some one does hear something at last. HSBC acknowledged my claim on the 6/10/06 and they haven't even entered in to a defence. Talk about drag feet or what. Maria from reading all the threads on here for the lat few months I wouldn't worry you will be fine they will pay out in the end. Looks like I should start saving my pennies for the defence which will be entered maybe this is because we have both asked for a cheque.

Data Protection letter sent 15/08/06

 

All statments received 29/08/06 total £3950.50 2 accounts

 

Prelim approach sent 30/08/06 - for both accounts

 

LBA sent for both accounts 15/09/06

 

MCOL Filed for both accounts 05/10/06

 

MCOL Acknowledged 12/10/06

 

Letter Received req breakdown of charges 28/10/06

 

Letter Sent with breakdown of charges 28/10/06

 

Letter received with full offer on the 01/11/06

 

Sent letter back accepting offer and crossing confidential agreement out 01/11/06

:razz: :razz: :razz:

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Hi winnie,

I must say I'm a bit worried its got to this stage but if I end up in court so be it! Their 28 days was going to be up Thurs so they've obviously enetered defence now to buy yet further time, not sure wether to chase DG or just keep waiting.........may give it a few more days then chase and advise my AQ will go in if they don't want to settle out of court.

Hope you hear something soon too.

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Thanks Crusher, I'm hanging on in there by a thread, will look at the info for completing the AQ ready for when I need to send mine off!

Fingers crossed DG will get a move on now eh?! Maybe not........this is DG were dealing with!

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With all this going if you fill in the AQ can they still settle out of court after you have filled in the AQ and sent it off??

 

Is there a poin tof no return where it can't get settled out of court ??

 

I'm a few days behind you lot so I 'm getting slightly worried ..............

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They can settle at any point up until the court date - this is why the courts were trying to push a test case through at Mercantile Court but the banks always settle before, wether that be way before a hearing date is set or just before at the 11th hour!

 

Therefore filling in the AQ doesn't mean you've gone passed the point of no return, they just like to make you squirm thinking that you could actually be the test case and all the while this gives them extra time.

 

Didn't want to worry you, I just got an attack of nerves but fine now!

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Right then, having had a chance to read through this little lot i've recd, all seems quite straight forward really, I have until 11/11/06 to return the AQ and their defence is short and sweet. Just for anyone following my progress heres their defence in its entirety.................

 

1. The claimants account is governed by the defendants personal banking terms and conditions.

2. Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list.

3. It is denied that the fees charged for the services provided amount to a penalty or liquidated damages clause. The fees are an agreed price for a service provided by the claimant.

 

Surely the last line is incorrect, should it not be "The fees are an agreed price for a service provided by the defendant"

 

There we have it, gonna wait a week to hopefully hear something from DG and if not will complete and return the AQ!!

 

Wish me luck guys!

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Lots of Luck

 

I did read on someone elses thread that they phoned DG and warned them that they were prepared to go to court but to save HSBC money and extra intrest cost would they be prepared to amount to a offer before the AQ was filed. I understand that DG agreed and gve full offer. Only prob is I can't remember who's thread it was maria sorry. Oh and wish you luck !!

Data Protection letter sent 15/08/06

 

All statments received 29/08/06 total £3950.50 2 accounts

 

Prelim approach sent 30/08/06 - for both accounts

 

LBA sent for both accounts 15/09/06

 

MCOL Filed for both accounts 05/10/06

 

MCOL Acknowledged 12/10/06

 

Letter Received req breakdown of charges 28/10/06

 

Letter Sent with breakdown of charges 28/10/06

 

Letter received with full offer on the 01/11/06

 

Sent letter back accepting offer and crossing confidential agreement out 01/11/06

:razz: :razz: :razz:

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maria, winnie and plonker,

following your progress. take heart that everyone goes through the same process - some at a little varying rates but nonetheless the same route.

don't be in a hurry to file the a.q. maria - 11/11 is miles away. plus it does give you something to talk to dg about to move things along. we did that - you can look at our path in the successful hsbc claims section lateralus-v-hsbc we won.

when the aq loomed - we phoned dg and said basically as above - we are sure you don't want the additional charges...but if we don't hear from you, we will have to file the a.q. honestly, this is the point where you wait - but then maybe you try to push a bit as well. wouldn't hurt to have a fax number available (a friend or whatever) so they could fax an offer letter if it's getting close. keep the faith, you are nearly there.

as for the wording of the defence - i've also been following a guy called neil faulkner on the motley fool website - he comments on the wording of the defence and it's quite funny - right down to the obvious e-mail cut an paste job of the defence - noted by the punctuation markings. check it out if you get a chance. here's the link: My Ongoing Bank Charges Saga - 28/09/2006 - The Motley Fool UK

plonker, doesn't matter what size the claim is - it's yours so get it back!

good luck all three of you - there are a lot of people keeping an eye on what's going on, even when we have successfully got our charges back - just because it feels good to see others achieving their goal.

good thoughts!

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