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    • if i remember rightly, long ago in one of the first drafts of the old proposed gov't overhauls, there was a listing of recommended 'charges' that inc wrong reg = £20. some PPC's implemented such changes in advance. then later as it looked increasing likely the new code was never going to be implemented after it's 1st review and another set of codes was to be debated they all quietly revert back .......... dx
    • Potentially it may not even get sold on? Just the default left for 6 years then gone? but if it is sold on ill get a letter from the DCA which is the notice of assignment? Sorry what is the different between a default notice and a default cal marker? yes, i may try and work arrangements out with the OCs after the breathing space but I'll see my circumstances then thank you again for all your help and patience, I really appreciate it and apologies If i am too fast or repeating myself.
    • receiving a default NOTICE (forget simple default cal markers) does not mean it will get sold on... OC's very very rarely do court themselves.  if it does you would receive a Notice of Assignment from the debt buyer/DCA.  as for reduced payment if it remains with the OC and they issue a DN, no harm in trying but lets get all your ducks inline first. dx  
    • okay thanks do you know how long it will take for it to get to the DCA or could the OC try and issue a CCJ? even though it's unlikely also for example would the OC agree to a reduction and a small payment over a super lengthy period of time if agreed? Rather than go through chasing apologies again for all the questions, just trying to understand all the possible scenarios.  
    • Currently - "the maximum daily price at 100p / kWh for electricity and 30p / kWh for gas – keep in mind that's a lot higher than the Ofgem Energy Price Cap, so if you can't afford prices to increase further, you're probably better off sticking with a protected tariff such as Flexible Octopus." Octopus Tracker is a product of our labs, available now to customers through our beta programme. Octopus Tracker is a beta product. Some things may not work the first time, and installations and processes may take longer than we'd like. Third party tech like In-home Displays won't always work, and on occasion data issues with smart meters can take significant time to fix or prevent things from working at all.   Copied straight from octopus   Feel free to shove it somewhere else    
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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 
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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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Victory settled in Full


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Gary,that was just my thoughts on my next move for my thread,the template letter i sent them was the "Rejection letter,but i will accept your offer as part payment...."...if you look at the LBA template that should clarify it.

Another useful thing that I added to the template was at the bottom of the letter I Cc:Financial Times Cc: Which Magazine. I hadnt contacted these people but it let them know i meant buisness.Goodluck!

 

Thanks to all who said "well done"....

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I am also in correspondance with Tommy McLean and I was wondering if you could clarify something on your timeline

 

Sent rejection letter have untill 12th Sep before i launch Moneyclaim.

 

Can you tell me the wording you should use in the letter just the sentence after refusing their offer of settlement and they have until 12 days time before you launch moneyclaim. Should you say before before I launch a small claims procedure against the bank. I am just confused by the phrase launch moneyclaim.

 

Gary

 

Gary the letter to reject the offer is in the bank temps folder (see link in this post )

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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CONGRATULATIONS on your win !!

 

please take take some time to fill out the survey results (can be found at top of home page)

 

I will move this to the settled claims too !!

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

as you will see from my listings at the bottom of the page,i did win and they did settle in full BUT,they put it straight into my account after asking for a cheque,the amount cleared what was over my overdraft limit and it covered the 500 agreed limit.All fine and dandy but,they then sent me a letter saying that they could reclaim my overdraft back at any point which they intended to do....which they duly did..leaving me nothing from the win.Thay paid me then took it straight back the sods! Just be careful guys and goodluck!:-x

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Which is why you might want to demand a cheque.

 

Also, consider that an overdraft is probably the highest rate of interest you'll pay and getting it cleared coud be a great thing to do. (Unless you need the cash)

BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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But you have got rid of your overdraft? So you did get something from the win. You got to clear that debt. And its better the money being used to clear a debt than possibly using it for other things instead of clearing the debt. Although I can understand if you were wishing to use it to clear another debt, say a credit card or something. But to be honest if we are going to be using the rules to our advantage to claim our cash back then the banks are going to do likewise. And an overdraft is effictively a hassle free loan that we can dip in and ouit of as and when required with the condition that the bank can ask for it back at any time. Everyone should be aware that ANY overdraft can be demanded back at ANY time. And if we don't have the cash to pay it back when required we are in trouble. That is the rules of an overdraft. I think if your asking the bank to pay you back money that they owe you (Through the unlawful charges), then it is only fair that they did likewise to you?

14/8/06 - S.A.R Request to B.O.S for C.Account + 2 C. Cards Statments. Sent to HBOS, The Mound, Edinburgh (R.Delivery)

18/09/06 - S.A.R. Request Reminder Letter sent to HBOS, The Mound, Edinburgh. Local Branch C.C. (R.Ddelivery)

19/09/06 - 01/10/06 - Requested Information Received - Various Packages and Letters

11/10/06 - Prelim Letter Posted to HBOS, The Mound, Edinburgh. Local Branch C.C. (R.Ddelivery)

 

18/10/06 - Letter Received from HBOS as follows "your complaint will be passed to a Customer Services Manager....get back to you within 4 weeks"

01/04/07 Full Charges Received. Small Claims case won as bank failed to lodge defence. They initially refused to pay up and it was only through contact with a Sheriff Officer that they done so.

Case Closed - Hurrah

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The banks have a right to pay your charges into your main account. You could insist some of it is ear marked for other things but you would have to prove thier worthiness im sure and you could present to the court an application for a cheque.

 

I have requested that it be paid over onto my mortgage as inline with any money I owe and own, my mortagage would have to be concidered before any other debit, and it also allows the money to stay with the bank group. Luckly its the exact amount that needs to be paid into my Mortgage.

 

Im hoping its a carrot to a Donkey but I will have to wait and see.

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