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forewarned is forearmed as they say? if i dont have the facts straight off wouldnt it just start a timewasting excercise of letter tennis? -
By honeybee13 · Posted
Are you saying that the tenancy isn't in your name but the bills are? HB -
My ex blamed me for her not paying her bills she says I controlled her money. So I have been told I need to pay them as it was my fault. She has not paid the bills where she lives now which was my house. I'm not allowed contact with her and again she is blaming me. As in this type of case it is victim led so no matter what stupid thing she says she is believed. It is for me to prove otherwise. -
No SAR yet but they have confirmed via email that they have everything and will supply it by this month end. When you say the FOS considered it a personal loan due to personal guarantee who is the FOS? Financial Ombudsman? But then that doesn’t make sense as they haven’t been involved yet. Santander in their final response to my original complaint did not agree to it. They turned my complaint down and specified that the selling dealership had agreed to treat it as personal for settlement purposes. I guess they could not agree to it as then they would be guilty of miss selling but they gave me what I wanted by saying I would not get treated as a business customer in regards to finance charges. Awful bank to deal with. Will never touch them again. -
Background I am in dispute with Clerical Medical over, amongst other things, statements that I haven't received. They didn't resolve my complaint in time so invited me to complain to the FOS, which I did The FOS investigator in his findings has written that Clerical Medical have mow provided all missing statements apart from two. One of these is for the policy year 2021 - 2022, which they say is unavailable due to a system migration. I have twice asked the FOS investigator for a copy of his screen shot to try and resolve this discrepancy but they have ignored me so today I submitted a subject access request. I said I was primarily interested in the screen shot but I also asked for everything they held against the complaint reference number. The response I got from firstly the Data Protection Operations Senior Coordinator, then secondly the investigator was that The investigator expanded on this and said I'll wait the 40 days and see what they come back with then make a decision on next steps at that point, but I want to make sure I've got my facts in the right order before I start arguing with them. They seem to be saying that my SAR doesn't cover the screen shot because it isn't personal data but I disagree. I have a reference number that identifies my complaint and therefore indirectly identifies me. I think that means everything that is held against that reference number, including the screen shot, is my personal data and is in scope of my SAR (subject to exemptions). Who is right?
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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.
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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.
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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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