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    • Politicians are using data to plan their campaigns - and hopefully win their seats.View the full article
    • 1. sample schedule of loss - that's the official name for what you are claiming Preparing a schedule of loss for an unfair dismissal claim WWW.CITIZENSADVICE.ORG.UK Find out what to put in your schedule of loss and see an example of a schedule of loss for an unfair dismissal claim 2. 8% applies from the date of the award 3. That's what usually happens. Different rules apply if your claim is deemed vexatious. 4. "If you want to apply for a preparation time order, warn your employer you’re going  to ask for one before the hearing. At the hearing, you’ll need to write down how many hours you or an unpaid adviser has spent on the case and multiply it by the hourly rate. You'll also need to give the reasons why you're asking for the order." Just keep a tally e.g.  1 May, completing form X, 30 mins 3 May, bundle prep, 2 hours  
    • Yes I would like a peaceful life without the feeling that the claimant can threaten me when they want and discontinued the claim whenever they want and this goes on and on.  This is all so confusing.  Let's see what happens. CEL might just be trying their luck and nothing happens. 
    • Andy thank you for correcting me and thank you again for posting the Court Procedure rules. It makes interesting reading- 38.4 (1) Where the claimant discontinues under rule 38.2(1) the defendant may apply to have the notice of discontinuance set aside(GL). (2) The defendant may not make an application under this rule more than 28 days after the date when the notice of discontinuance was served on them. Was the delay in sending the Discontinuance notice deliberately held up to prevent Annabooo  from asking for a set aside.? It was well over the 28 days after the Discontinuance notice was received. I know that the 28 days applies after the Notice was served but could that be part of a reason to refuse CEL permission . I assume they haven't paid the Court  fee to initiate  proceedings again ?   38.7 [3]  3) The defendant shall inform the court in writing as soon as practicable whether the defendant asserts that permission is needed and, if so, whether the defendant consents to permission being granted. Has Annaboo been informed that she has the right to refuse consent ? Does she even have the right to refuse consent in this instance. I am assuming that Annaboo would prefer to refuse this resurrection on many grounds not only because she does have the right to enjoy a peaceful life.
    • https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148 3 copies yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket) 1 wit you Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally') the rest is obv 1 to the court 1 to their sols (omit phone/sig/email) if no sols send to claimant 1 for your file   dx
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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 
        • 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
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Barclays repeat reclaim


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I was successful in 2006 in reclaiming charges - bank dropped out day before court proceedings. The charging however went on merrily as before and in 2009 I was successful in claiming back a further £2500 as a hardship case. Well, the charging has gone on just as merrily as before, and as I am on a low income, live alone in London, I have accrued about £1500 again in charges and am thinking of trying again. I am caught up in a trap of high charges which means more payments refused therefore more charges. Tomorrow I will be charged £128.00 from the previous month and by the time I have paid into my account to get back within my overdraft a D debit will have been rejected. It is a nightmare. I have debts now and a tax bill looming and want to know if it will be worth attempting again as a case of real hardship. The bank will NEVER allow me to have a temporary overdraft - they give me no flexibility. I feel I am penalised because I am self employed and have a low but very erratic income which means money is simply just not there when needed. I have tried to build up a cushion of savings to enable me to manage this but it has proved impossible and I just keep getting charged more.

Any suggestions?

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I would suggest getting a parachute bank account

have salary paid into that and offer an affordable

repayment to the other account.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I was in this situation 2 years ago. Between us my partner and I had 4 bank accounts with HSBC, including a business account for my partners Ltd company. We used to get charged around ??? 600 a month? Including going OD when bank charges were added. We begged and pleaded with HSBC...... nothing they could do. Saw the light one day, opened a bank account with Santander. We both bank with them now and have never looked back. Granted my partner folded his business and got a job but we still struggle to repay debts from that time (including all the bank charges). We also only have things on Direct debit that HAVE to be, like house insurance ect. Not even our mortgage is on DD - I am also now self employed, I make money but if people pay late ect. i don't want things bouncing. Also Santander are very keen on bouncing things if the money isnt there the day before, unlike HSBC who give you until 14.00 to get your cash in. meaning we have HAD to take more care of our money. Good luck

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