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    • The Letter of Claim information is not absolutely essential, but it would be useful for two reasons. Firstly, judges take a dim view of companies or individuals who rush to court without giving the other party notice and a chance to settle - the Letter of Claim.  If they didn't send it we could include this point in your defence and it would be detrimental to them. Secondly, we know Countrywide.  They are a very small cowboy company.  The are reluctant to do court, simply becasue they are very bad  at it.  Their record of beating Caggers in front of a judge is exactly 0%.  They have lost every time.  They send the Letter of Claim also to look for people who don't reply, thinking that the person might not reply to a claim form either, giving them an easy default win.  Conclusion - always best to reply to a Letter of Claim and ridicule the PPC's case.
    • Any update here? I ask as we have someone in a similar situation.
    • Thanks!  I already sent the acknowledgement as i panicked and thought today was the last day to respond.  Then i remembered this wonderful forum.  I'll follow the steps in the sticky next.
    • It's possible.  I suffer from ADHD and also anxiety and depression currently and struggle with paperwork.  I'll have a search around to see if i can find anything.  If they did send something I haven't replied.  I thought there's no way that they will pursue this because I know for a fact i didn't park in a private space and the evidence they have sent is so ridiculous.  What impact does this other paperwork have?
    • The particulars of claim doesn’t mention statement of accounts.  Should I include that in the cpr letter?
  • Our picks

    • 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
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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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midge61 v smile


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hi all

I know there are some of us on the same timeline so we will all be able to support each other:D .

My Sars was aknowledged by smile on 8th Aug so their 40 days has been and gone.

I sent them an e-mail today with the non complience letter attached. If I don't get rewply tommorrow will send by snail mail as well

 

Good luck all

Midge

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This is not good enough from Smile. Sounds like you've got it all under control though.

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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Bit busy, but with enough money to hire more staff. I am boiling up today about Smile

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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Mine were late and when I phoned to complain they sent them within a couple of days free of charge as a gesture of good will.

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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I am thinking of changing my name to Night Owl. 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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Hi all

Well sars turned up today at last. Have been through it but it's very confusing really.

I have commision.fees,service chargeand daily excess charge on there.

So quick question can I claim all these and if so how do I enter them on the spreadsheet?

Sorry if this sounds dumb

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It doesnt sound dumb but its fairly simple if you have Excel installed allready ? Otherwise you can use another spreadsheet package, just click on the cells one by one and enter the information.

 

Each Row and column is marked indicating what information should be entered in the matrix of cells below. The spreadsheet will calculate everything for you automatically, basically totalling it all.

 

Start from the first charge you want to claim in the last 6 years upto the present, no need to enter anything but the charges you wish to claim back. All that you have mentioned are ones you can claim back I think. Debit interest is slightly more complex but is entered in the same way.

 

Give it a go and if any doubts come back here with a screenshot of it or copy & paste if that works

______________

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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Hi smillingyet

sorry I think I didn't explain it very well. I know how to do the spreadsheet(already done one for Lloyds)but with smile the charges are listed as above and what I meant was do I enter them on the spreadsheet as that or do I have to try and find a match for say unpaid dd, unpaid cheque etc.

Said it was dumb. I find the way they list things very confusing unlike other banks.

Thanks for your patience

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Guest bimba610

Hi midge61

in the same boat as yourself would also like some help on filling out the

spreadsheet with the smile charges a bit confused

 

Bimba610

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Hi bimba

good luck. Still waiting for someone to post an answer. Don't know why smile have to be so unclear. I have a list of unpaid items but it's seperate to the statements and doesn't make sense. Will have another go later today and try to work it out then let you know.

Have looked at other threads and no one else seems to say how they did it.

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Hey guys

 

As I understand it, Daily Excess Charge is £5 charged per day you are over your agreed facility. Service charge is £15 per month for each statement month or part of that you go over your agreed facility. Commission is £20 (£25 more recently) for each item (s/o, d/d, cheque) which they don't pay due to insufficient funds.

 

All of these are unlawful, and therefore can be claimed back.

 

If I'm incorrect I apologise, but I am fairly certain this is the correct information.

 

Andy

Current projects:

 

First Direct

MCOL Filed 24/9/06

£3116.60 including 8% interest

Offer from DG £1618.30, 3/10/06. Accepted as Partial Payment Only - pursuing remaining ££££

Offer for £3236.60 (full amount, plus court charges) from DG 10/10/06.

Accepted, crossed out confidentiality clause, funds cleared. Thanks to all for help and support.

Barclaycard

MCOL Filed 4/10/06

£1370.22 including 8% interest

Payment of £216 (:lol:) received. Settlement politely declined...

Allocation Questionnaire received 8/11/06

 

Smile

Prelim sent 23/09/06

LBA sent 27/10/06

£2435

Payed in full, just before MCOL, 17/11/06

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in the end I just put what it said on the statements.

 

Commission £*

daily excess charge £*

and hope for the best

posted it off with prelim this morning in the end

if its wrong they will soon say and I'll have to change it

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Sounds right to me, I did similar and encountered no objections. You are just detailing the final amount, so long as thats correct it's not so important

______________

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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Sorry, missed these posts.

 

I think you did it right, midge61.

 

Good luck.

 

Andy

Current projects:

 

First Direct

MCOL Filed 24/9/06

£3116.60 including 8% interest

Offer from DG £1618.30, 3/10/06. Accepted as Partial Payment Only - pursuing remaining ££££

Offer for £3236.60 (full amount, plus court charges) from DG 10/10/06.

Accepted, crossed out confidentiality clause, funds cleared. Thanks to all for help and support.

Barclaycard

MCOL Filed 4/10/06

£1370.22 including 8% interest

Payment of £216 (:lol:) received. Settlement politely declined...

Allocation Questionnaire received 8/11/06

 

Smile

Prelim sent 23/09/06

LBA sent 27/10/06

£2435

Payed in full, just before MCOL, 17/11/06

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