Jump to content


  • Tweets

  • Posts

    • you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
    • Rachel Reeves is set to reveal a public finances shortfall of billions on pounds after a snap audit.View the full article
    • Hi What they have asked in what you have highlighted isn't unusual at all as Councils have numerous different departments that deal with specific different areas within that council. So if what you are asking in your DSAR is say specific to Housing Benefit, Council Tax Benefit, Planning Permission etc then just let them know that specific area. On the other hand if you want every bit of DATA they hold on you then simply tell then ALL DATA they hold on you it's them up to then to go through all depts to check for it. 
  • Our picks

    • 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
      • 162 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

Richard V Capital One


richard74
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6500 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Everyone,

 

I have not posted for a while as I have been on holiday, anyway I just

wanted to update everyone I how my claim is doing.

 

Preliminary letter 29 June 2006

Letter Before Action 15 July 2006

Court Claimed Filed 12 September 2006

 

There was a slight delay in filing my court claim, as I was going away on holiday

and I did not want to file it before I went away, as I would not be available

to deal with if needed, so I waited until I came back.

 

I have had one response to my preliminary letter stating the usuall we need

4 weeks la la la. And the second was to say they could not reply as there was

an issue with my date of birth, incidently the same date of birth I had been using since my interception of my Crap One card in 2002, and the same date of birth I had been using since, wait for it!! I was born, oh and that was from Robert Uddy. he must be thinking up new lines of attack.

 

There was just another thing I want to mention as well, in the last few days

I had a very heated but controlled conversation with Crap One about a new

tactic they have started. When I came back from my hols I had loads of mail waiting for me, except any statements from Crap One which I thought was strange. So I contacted them to find out what the problem was and guess

what they tell me my statements had been returned, so they put a block on my address, never bothered to send me a letter to inform me of this, and because I had not had any statements, as I assumed they would come in due course, Crap One kindly informed me I had incurred more charges.

 

I ask them to prove that these statements had been returned, but they said they could not. This was a completely different response from the previous agent you told me that they would send proof, and if it was the fault of Crap One they would refund the charges. But when I followed up the issue they said they could not provide proof and that it was the fault of the post office, and they were not to blame, and in this case the would not refund the charges.

 

Again I need to point out that I had letters from Crap One when I got home from my hols and the week following that, and all of a sudden they tell me my address is unsafe. What is the word I am looking for that's it B***Sh** the Crap One customer service agent also informs me that I should not wait for or rely on a statement before I pay my bill, and everyone who does this

is quite simply going about it the wrong way.

 

We got into a heated debate about unlawful charges etc, he informs me that it does in fact cost them £20 to deal with people's non payment & late payments etc, and also that the only reason they charge people this money is to deter them from doing again, and not to make money out of them.

 

Or as I put it to him "use us as a cash machines"

 

Anyway I think you get the drift of how my claim is going, court claim has been

filed and I am now just waiting to find out to see if they intend to defend.

 

Any comments please post them, I look forward to hearing from you.

All the best

Richard74

Link to post
Share on other sites

  • 2 weeks later...

Hi all,

 

Just updating how I am getting on with my claim, Capital one have filed

to acknowledge my claim on the 25 September and to state they intend to defend the claim.

 

Although I know this is the way they play it, I am still wondering

whether I might be the very first person that they intend to defend against. :D

 

What do you think?

 

Regards

Richard

Link to post
Share on other sites

:D

Hi all,

 

Just updating how I am getting on with my claim, Capital one have filed

to acknowledge my claim on the 25 September and to state they intend to defend the claim.

 

Although I know this is the way they play it, I am still wondering

whether I might be the very first person that they intend to defend against. :D

 

What do you think?

 

Regards

Richard

 

 

Hi mate dont worry they did all the same with me then they paid up before the 28 days so yours will be soon.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...