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    • Hi there   thank you for the reply. No, it's not a silly question at all. I am convinced I didn't hit anything with my car. I was going very slowly and it was the guy standing next to his lorry in the road who punched and kicked my car as I went by. It's cause I saw him do it in the mirror.  I initially thought he did it because he thought I was passing him maybe too closely whilst he was messing around with his lorry ?  That's why I stopped and got out and asked what he thought he was doing hitting my car. He then just hurled abuse at me. Not making any accusations such 'you hit me' 'you hit my lorry' or you did this or that. He just swore and shouted at me. At which point I said I would be making a complaint to his company for his threatening behaviour and vandalism for punching my car. I went to my car , got my phone to take a photo of his number plate but then he came towards me again and I thought if he now hits me I am going to come second. I am a woman in her mid 50s travelling on her own and this guy looked like a Millwall football supporter (short, rotund, skin head) so I decided to leave this situation. I got back in my car closed the door and drove off before he could reach me.  I later checked my phone and noticed the photo was too blurred, as I turned and rushed back to my car too quickly before the camera could focus. So I thought it was pointless making a complaint as the guy couldn't be traced anyway, so I forgot all about it until yesterday. But this is all I can think of, it must have to do with this incident as it is in the same street.   
    • Please read the following thread very carefully. It is extremely relevant where you are suing Evri on the basis of a contract which you originally made with Packlink who are domiciled in Spain. A judgement has been obtained and we have applied for transcript and it will be put up on this thread as soon as we receive it probably about the end of July. In the meanwhile, read this thread, see what has been discovered about the Packlink/Evri/customer relationship and look at the witness statement very carefully. It's a long thread but don't give up. Once you have the transcript of the judgement, then I will do a more careful and explanatory post here   https://www.consumeractiongroup.co.uk/topic/459707-evri-lost-my-ebay-parcel-£844-court-claim-issued-judgment/
    • So if the breach occurred say Dec 2017 (first missed payment) and the default notice was issued Sept 2018 and the claim was issued 7th June 24 the claimant will of course be arguing it is within the limitation period (by 3 months)
    • Yep, I would  have brought up the other things like asking for their contract and receiving no response etc. but the mediation phone calls were rather short. Evri just said the contract was not with them (i said 1999 act response etc.) and the goodwill offer thing. Whole process took about 10 minutes in total. Seems like they don't even want to negotate in mediations anymore. "they're only given a certain amount that they can agree to in mediation per day" I mean its hard for me to say if thats the mediator paraphrasing or aa direct quote from evri I will look through that thread and share what I find, also for what its worth I also have everything I made for the previous claim WS and bundles etc. that I can tweak for this parcel, since it did go almost all the way to court and is a virtually identical case. that + this new stuff you shared above should be helpful to me
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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.

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    • 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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HSBC remove £900 from my account


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A stark warning if you go into dispute with a bank over a credit card close your accounts and move to a different bank.

 

2 years ago HSBC tried to fob me off with a blank CCA despite sending them the account in dispute letter in Oct 2008 and various other correspondence with their in house collection services Metropolitan and D G solicitors, I finally sent the final response letter to D & G in April 2009.

 

This morning I woke up to find that the money I had saved to take the kids away had vanished.

 

After spending all morning on the phone to various departments and visiting my local branch ended up at a complete impasse with metropolitan.

 

The impasse being:

 

Them: "The agreement you signed allows us to do this"

 

Me: "The agreement you cant prove I signed you mean"

 

after half an hour of this going round in circles I gave up .

 

More fool me for assuming that HSBC would comply with the law.

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Guest Cartaphilus
A stark warning if you go into dispute with a bank over a credit card close your accounts and move to a different bank.

 

I am surprised you didn't do this before. I don't think you will get that money back BTW. I might be wrong but after reading of this with others before now the bank is within their rights to remove the money and do so they will eventually if they cannot recoup it any other way.

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Hi, Iceman.

 

I've changed your thread title.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Unfortunately, this is a fairly common situation, and is the reason I and others suggest opening a 'parachute' account for your day to day banking as soon as you have a dispute about any account with a bank/building society.

 

You could try the 'appropriation' approach, but it did not work for me. If it can be shown that they have taken your 'living' money to support yourself and family there may be a slim chance of forcing them to repay this money into your account.

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Fair enough Maroon we dont want the avaricious little turds making even more money by suing us do we.

 

A case of caveat emptor I am afraid

 

It was money I had saved from tax credits and disability benefits to take my 2 disabled kids away for a few days as very soon we will cease to be a family unit due to pending separation (dont want to sound like a sob story cos everyone on here has problems)

 

the only consolation is that due to a cock up with a disability benefit if they had only held their greedy little paws back for a few days they could have had another £600...... the back pay goes in on Monday....... and it goes into a joint account which they cant touch

 

 

so every cloud and all that

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I look at it this way - if a company is incapable of keeping safe a piece of paper (which they are legally obliged to keep, IAW Money Laundering Regulations), why would you trust them with money?

Totally agree.

And, if they can't be bothered to read the letter I have sent them, then they can sing and dance as much as they like - they'll get ignored for sending me a copy of a letter they sent a few months ago.

 

I now bank with totally separate institutions that I have my debts (and so called ones:wink:) with. Iceman - it's simple to setup a basic/standard bank account with another bank as a 'parachute' account and it provides you with more flexibility.

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This why I mentioned 'appropriation' in my earlier post.

 

DLA and any 'health/disability' benefits are not legally able to be included as 'disposible' income, so as such I feel you should have a fairly good case of mis-appropriation.

 

I will try and find more information.

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In theory when they saw the money was from tax credits and DLA they shouldn't have taken it. They can't claim they did not know as it appears on the statement who the money is from; can't remeber off hand what it says on tax credits but for DLA the DLA bit of the ref is a dead givaway.

 

Good luck with your fight. Personally as soon as i saw i was getting into trouble i contacted the DWP and had my DLA paid into a new account with a different bank.

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