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    • Ok.  Can I ask for them to send digitally?  If they store hard copies?
    • It's normally that information is usually given how it is stored. I.E. if kept physical then physical copies get sent out. If kept digital then digital copies get sent out. It's the idea that the information you get back is exactly how they keep it and exactly how they hold your data. It's why you'll quite often see screenshots of CRM systems on SARs and such
    • I think final version of WS now prepared with exhibits added.  All numbered properly. Of course it can still be tweaked if necessary. Laura will not need it on 25 June as that is just a Preliminary Hearing for her to represent her son. But as DCBL messed up and thought it was WS time why not prepare things calmly in advance. Defendant's WS - versione 3 + attachments.pdf
    • Your case shows the idiocy of employing a solicitor to do things you could easily do yourself. Had Countryside dealt with their own case they would have entered judgement on 4 June and there would have been no way back for you. But they thought they were clever by running to Rachael and Sean of BW Legal for a more "professional" (aye, right) service.  These dodgy solicitors can only make money on private parking cases by doing everything on the ultra cheap and certainly cant check the judgement date for every single separate case. Ho!  Ho!  Ho! Anyway, glad you got the defence filed OK. The next stage is that the central bulk court will send out a simple form called a Directions Questionnaire to you and to Countrywide which is part of the allocations process to your local court.  If you read this short thread you will see all the stages of the court process  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments
    • It is already trespass, nothing further needed to make out trespass. Not sure where ‘interference with goods’ helps you / how you’d bring a claim for that that stops them parking there.
  • 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 
        • 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

Rupert v Smile **WON**


RupertJ
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Thanks

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Have given Smile 40 days in which to forward my last 6 years statments. This time is up tomorrow so should it not arrive I will be issuing them with a request for my estimated charges. If it arrives I will calculate how much I have been charged and write to them requesting that.

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Have given Smile 40 days in which to forward my last 6 years statments. This time is up tomorrow so should it not arrive I will be issuing them with a request for my estimated charges. If it arrives I will calculate how much I have been charged and write to them requesting that.

 

hi dont forget you can force compliance:D

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Have contacted Smile and they say they have sent out the statements. They also said they have passed on the deals to their complaints department to work out the charges, but they aslo said it would take them up to 7 weeks to contact me. Should I wait or go ahead with the first letter after I have been through and calculated the charges from my statments?

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go ahead now, you can take them to court more than once, so go ahead with what you have got in statements, you can adjust the amount at the LBA stage

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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great news, well done!

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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Well done, can't believe you got paid in full so quickly! I've just filed my claim for £4,300 at the court house today. wish me luck

<(o.o)> Smackbat

 

:) Smile.co.uk - £4,400 WON 12/10/06

:)Smile.co.uk - £156 WON Feb 07

:)Smile.co.uk - £280 WON 25/06/07

:mad: Egg PLC - £3,420.72 - Defence filed 24/06/07

:? Alliance & Leicester - DPR Request sent

:? Woolich PLC - To Start

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That is fantastic news, well done.

 

Could you take a moment to complete the Bank Charges Refund Survey here:

 

http://www.consumeractiongroup.co.uk/survey.php

 

Of course, CAG would also very gratefully receive a dontation from your bank charges refund. This site is run solely by volunteers and donations and couldn't survive without it.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, 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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Well done, can't believe you got paid in full so quickly! I've just filed my claim for £4,300 at the court house today. wish me luck

 

 

Hmmm makes me wonder if I under calculated the charges.:rolleyes:

 

Good luck with them!

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Hmmm makes me wonder if I under calculated the charges.:rolleyes:

 

Good luck with them!

 

Nah its more likely they prioritised your case as they didnt want you claiming the court allocated 8% interest on that much money

______________

22nd Sept MCOL filed vs smile bank :!:

 

27th Sept LBA amount paid by smile

 

6th Oct Full MCOL amount paid by smile

 

Result = :D

 

 

 

 

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