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    • Yup, well so far they have lied to me about responding to a CCA,  are threatening me with a default notice that they don't have, produced a knocked up version of my NOA, sent me 29 pages of spew for an agreement. No wonder they pay 5 p in the pound for that crap.
    • Paragraph 2. I think there should be further down and also you should make the point that the payment to was made unilaterally and without the imposition of any conditions. Paragraph 3 – this is unnecessary because you are not claiming as an entitled third-party. This worries me because it makes me feel that you haven't fully read around because this is a paragraph which you would include where you were suing EVRi as a beneficial third party because you had actually made your contract with Packlink or some other broker. I think you need to revisit and do some more reading. I'm afraid I have a sense that you have simply copied this from somebody else's witness statement without understanding that it wasn't necessary. Please can you post the amended draft. Other than the suggestions above, it looks okay – but let's see it again for a further appraisal. In terms of the evidence, parties bundle, I think it might be an idea to start off with the correspondence with EVRi and then go onto the other evidence. You will have to amend the index page accordingly. You could shorten this bit. Take 19 is pretty well blank and you may as well miss it out also, there seems to be some repetition of emails and the email chain. I think will be worth going through and getting rid of duplicates if you can. 49 pages is a bit long and it would be a good idea to try and reduce the number. I have a feeling that 50 pages as the County Court limit anyway. The judge will be happier with you if the bundle is smaller. Maybe you could reduce the size of some of the images or messages et cetera. You have got several messages which straddle onto a second page so that things like sign off information and standard confidentiality information become orphans. A bit of manipulation and they could be joined to their parents I think. Page 31 as an example. So is page 19. You may only be up to shorten the whole thing by 56 pages – but I think it would be a good idea. 56 pages is, after all, 10%. If you can do more then so much the better
    • Investment by Dutch brewing giant will create 1,000 new jobs and reopen dozens of closed pubsView the full article
    • Qantas agrees to pay millions to settle lawsuit accusing it of selling tickets to cancelled flights.View the full article
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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
      • 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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Sheriff puts Bank of Scotland to proof on bank charges


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I was not at the evidence sessions although you will find film of the sessions on the Which? website, but I can assure you that VC was at the pubic debate at the RHS in February. Roger McFall was not able to attend if I recall correctly, but David Davis and Vince Cable were the 2 very familiar faces who were not only on the platform, but came and listened to people talking in their groups. The clip on the Which website was just a tiny bit of what went on, and the focus was on bank customers. Notes taken and comments made by the groups were collated by facilitators for review and analysis by the committee, and I'm sure there was much more went on behind the scenes.

 

Time will tell how effective the commission will be in addressing the issues, and I don't know if any changes will be in time to have an impact on this case. It's up to us, the consumer, to make sure that we take every opportunity to make our voices heard, and the link that you have posted is an opportunity not to be missed.

 

We know from bitter experience that theses things are not quickly resolved, especially if the banks can put a spanner in the works as they have in this HBOS case.

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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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I'll bring it to the attention of admin and suggest they highlight it to maximise exposure on the site. Not sure when the next newsletter is but if it's in time I'll see if it can go in there.

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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But we all know that TALK is cheap!

Too right. As always, with all these matters that prove very popular with the masses but potentially painful and embarrassing for the elite, it's never the rhetoric but the actions that matter.

 

There is a desperate need for the masses to learn to focus on what these bodies actually DO vs what they say they will do.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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The only way to find out if people will do what they say is to give them a try. If experience shows us they do nothing then try something else, but we have to keep trying. IMO anything is worth trying, but I agree it's best to concentrate effort where it's likely to have most effect. The usual channels have not been that effective in sorting out the bank charges issue so far, so we have to try other things, and if someone appears willing to listen, and (you never know) may just act on what they say, it does no harm to inform and educate.

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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A somewhat wise fellow I used to work with liked to say "people never seem to do what you expect them to do, but they almost always do what they know you will inspect them on." I have found this to be often true in many applications.

 

Caro, wasn't being cynical in my earlier comment, am always willing to give folk a try (at least I like to think so). I just wanted to caution folk into getting too excited about the many empty but moving promises doled out by many in positions of influence. If we hold ourselves and our leaders to account, and actually inspect and appraise their performances from time to time, we're more likely to get better 'service'.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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No worries BTM. I have more than my share of cynical moments. :lol:

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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Some of the foregoing is encouraging but where, exactly, are we on the ECJ cases and those in UK courts being fought by GLC et al; the legal 'debates' etc.

I ask this in light of Ken Clarke's utterances in the House yesterday vis-a-vis legal aid's future or lack of.

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Sorry, I agree it is not really on topic. However I would just like to mention that it seems my memory is flawed and Vince Cable was not in attendance at the Big Banking Debate, so apologies for getting that wrong on here.

 

Regarding the case this thread is about, I haven't heard any more news on this. I suspect that GLC will do all they can to take this case as far as possible, but it will undoubtedly be expensive so you've raised a valid point kenny.

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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A somewhat wise fellow I used to work with liked to say "people never seem to do what you expect them to do, but they almost always do what they know you will inspect them on." I have found this to be often true in many applications.

 

Caro, wasn't being cynical in my earlier comment, am always willing to give folk a try (at least I like to think so). I just wanted to caution folk into getting too excited about the many empty but moving promises doled out by many in positions of influence. If we hold ourselves and our leaders to account, and actually inspect and appraise their performances from time to time, we're more likely to get better 'service'.

 

Here here BTM...and I think that every 5 yrs is far too long!!!

 

m2ae

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Not sure where bigdebtor saw CAG being listed in the official respondents tho I can't see them, good to see MSE on there tho, but of course anyone can respond in as much or as little detail as they wish.

 

It mentions Consumer Forums - not CAG.

 

BD

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ecc140710.jpg

 

Guys

 

I'm desperately seeking some assistance - at one point, I was fairly versed in all the arguments but this has been dragging on for so long that I'm now more than a little rusty. :|

 

I initiated a claim against NatWest back in January 2008 which, as you might imagine, has been on hold pretty much ever since. In July I received the attached correspondence from the court which, as I understand it, gives me until December 7 to apply for the stay which is currently in place to be removed or see the claim struck out.

 

In view of the ongoing legal battle being pursued by the Govan Law Centre and others, I'm reluctant to throw in the towel quite yet, especially as my Particulars of Claim relied not just on the penalties argument but referred also to Regulation 5 in the Unfair Terms in Consumer Contract Regulations 1999. That being the case, what should I do?!

 

Common sense would suggest I write to the court asking for a further stay pending the resolution of the ongoing cases but the order of July 14 [see attached] seems to suggest my only option is to request the stay is lifted.

 

As ever, I'd be grateful for any advice. Thanks in anticipation.

 

Fred_Funk

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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Hi Fred , I know what you mean , all the claims seem to be in limbo at the moment awaiting the GLC case .... but the fact that the banks are keeping their heads below the parapet is encouraging I'd say ... they may be scared of a further ruling going against them .. because they didn't get it all their own way at the SC appeal .............

 

Meanwhile , it might help to just ring the court office and explain that you are waiting (along with loads of others ) for a decisiont be made in a case which would affect how you proceed from here ........and could they give you advice on whether there is another option to the two they gave you ...i.e, is it possible to apply for a further extention to the stay .......

 

It would maybe help if you have tried to come to an agreement with HSBC following the court ruling .....and they haven't sparked on it ... as the court did say that efforts should be made in the interim to come to an agreement of sorts .....

 

Hope that helps ...... :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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My apologies BD, I just couldn't see ''Consumer Forums'' on the list anywhere, so thought you may have meant consumer forums in general (and MSE is the only one I could see on there). Could you point it out please as I'm interested to see any other parties listed as interested parties that aren't mentioned in Annex D of the consultation document.

 

Thanks.

 

MU.

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Just a reminder, the deadline is 10th December for responses to this consultation.

 

If you can't be pooped doing the whole thing and giving your full views and ideas how the review of credit and insolvency should go forwards, then take a couple minutes to answer the survey - every little helps - https://www.surveymonkey.com/s/GC9KQ5R

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I see Govan Law Centre are to be on Rip Off Britain discussing bank charges. http://govanlc.blogspot.com/

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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