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    • Actually there wasn't a massive amount of work to do on the WS.  The "meat" was there because of the great work you'd already done. Here is a version which I think is nigh-on finished. However, with Easter there are a few days for the other regulars to suggest tweaks. Defendant WS.pdf
    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
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    • 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
      • 160 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

Wils V Halifax ** WON **


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Recommended Posts

Hello everyone, I've just discovered this site and am telling all my friends about it. I've just posted the SAR to Halifax this morning. I'll keep you all updated. Barclaycard and AbbeyNational next!!!

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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Hello everyone, I've just discovered this site and am telling all my friends about it. I've just posted the S.A.R - (Subject Access Request) to Halifax this morning. I'll keep you all updated. Barclaycard and AbbeyNational next!!!

 

good luck:D

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  • 2 weeks later...

I've used Royal Mail's track and trace, SAR delivered on Mon 18th Sept. Ive been through all the faqs but wanted to ask do i count the 40 days from this day or from when they cash my cheque? (It hasnt been cashed yet)

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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Date of receipt (as long as you provided the fee).

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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  • 2 weeks later...

My cheque to them was cashed last week but haven't received anything so far hmmm...

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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  • 4 weeks later...

Statements received this morning, £327.95 in charges. I've missed the post office so Preliminary request will be sent out on Monday.

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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  • 3 weeks later...

Just an acknowledgement letter received last week and nothing else so far. L.B.A will be sent tommorow.

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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  • 2 weeks later...

Letter from halifax this morning offering £155 as a full and final settlement, won't bother replying as l.b.a was sent last week, mcol this wednesday!

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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Share on other sites

Claim filed with Mcol today

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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  • 3 weeks later...

They've settled £337.95 plus interest £56.03 and my costs £50 total £443.98. Naturally it is a gesture of goodwill and without any admission of liability :rolleyes: .Credited to my account today just in time for xmas yippee!!! Mods please change the title of this thread to settled, couldnt have done it without all the advice on these forums. I will definately donate.

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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Share on other sites

Halifax acknowledged the claim then paid up!! Im sure they will offer to settle with you by the end of the week :)

 

Can I just ask did Halifax acknowledge your claim? We sent MCOL a week yesterday and have just received notice today that acknowledgement of service has been filed and they intend to defend.:eek:

Barclaycard

S.A.R sent 27th Sep

Partial Statements (Microfiche etc) received 5th Oct

Preliminary Request (Estimated Charges £864) Sent 11th Oct

L.B.A (Data Protection Act) Sent 12th oct

£288 Offered 18th Oct

Letter Before Action Sent 27th October

MCOL 10th November

Claim Acknowledged 29th November

Court Date Set for 27th April

 

Captial One

S.A.R sent 27th Sep

L.B.A (Data Protection Act) Sent 4th November

Preliminary Request for £633 and removal of default sent 22 November

L.B.A Sent 12th December

N1 Filed 25th Janaury

 

 

Halifax

S.A.R sent 11th Sep

Preliminary Request for £327.95 sent 30th Oct

L.B.A sent 15th November

MCOL 29th November

Settled - £443.98 14th December

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Share on other sites

  • 5 months later...
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