Jump to content


  • Tweets

  • Posts

    • your claim is against whomever fitted that parts.  
    • I would also take this opportunity to add that I don't really understand why you purchased an insurance policy for this watch – unless it offered you something like new for old, accidental damage or that the policy was transferable to a new owner in the event you decided to sell the watch. If there is not the features that interested you then you are perfectly adequately covered by your consumer rights contained in the Consumer Rights Act 2015 and of course it would be unlawful for John Lewis to attempt to exclude or limit liability in case something happened to the watch and it ceased to be of satisfactory quality for a reasonable period of time. By and large these extended warranties are a waste of money
    • Sunak to new MPs at the Kings Speech debate. Rishi Sunak, in the king's speech debate, tells new MPs that "life comes at you fast" on the government benches. "Before you know it you end up with a bright future behind you and are left wondering whether you can credibly be an elder statesman at the age of 44," he adds.
    • Properly declared means that you declared the exact value of the item that you sent and by and large you are limited in the value that you can claim to that declared value.  It seems that you didn't declare the value of the accompanying insurance and so if you want, you can go ahead and claim it and we will help you but by and large although your chances of recovering the value of the watch are much better than 95%, The chances of you claiming the value of the lost insurance are much less.  It's up to you if you want to try . Please do the reading that we have advised and start preparing your letter of claim and post the draft here. I suggest that you think about posting up a draft letter of claim on about Sunday which will give you lots of time to do necessary reading  
    • The dealership is not the issue, the technician who I have known for a long time explained where the fault lies, the other garage for lack of a better word did a very  poor job of putting the brake pad on where the piston was not lined up correctly which caused uneven pressure on inner pad, the peg on rear of pad not sat in grove of piston.
  • 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

Credit Card Charges / in court at the end of May


sohiab
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4423 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

  • 1 month later...

I have a case booked on the 31st of May, they requested further information in relation to charges on the 4th April. Im claiming credit card charges and interest. They have not filed any additional paperwork.

Link to post
Share on other sites

Did you reply to their request?

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

Link to post
Share on other sites

Yes, I responding by special delivery and have yet to recieve any further paper work. They needed the response by the 18th of April which they received.

 

I'm assuming i now have to prepare for a court case, as i have a court date of the 31st!

 

Any help with this as i have a court date on the 31st and it doesnt look like they are going to budge.

Link to post
Share on other sites

You need to provide a bit more detail in order for people to help you.

 

1. Who are you claiming against and is it a straight forward MCOL case and is the amount over or below £5k? By straight forward, I mean is it standalone or is it a counterclaim for a claim they have issued agianst you?

2. When did you originally make this claim and what were your particulars of claim? Moreover, what is the basis of your claim?

3. Do you have all the necessary statements to back up the amount you are claiming?

4. What info did they request? Was it a CPR 31.14 request and what did it say? Or was it requested during Allocation Questionnaire stage?

5. What did you send back?

6. I assume they acknowledged and defended the claim??? If they did, what was their defence?

7. Assume you then filled out your AQ and they did theirs? Correct?

8. Any further correspondance since then?

9. Plus any other useful info. e.g. is the CC account still open? Is it in arrears or not?

 

It will help others help you if you provide more detail than you have above.

 

I am not one of the experts on here but suugest you reply to the above and if you still get no response, you could hit the triangle symbol and call for help. I will keep an eye in any case.

 

Cheers, MrH

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

Link to post
Share on other sites

Hi, sohiab.

 

I have moved this thread to our Legal Issues Forum and asked Site Team if they can help.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

shelleys charges thread in the barclaycard forum should give you everything you need

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 3 weeks later...
Thanks Andy.

 

I cancelled this claim before going to court,

 

I wrote to the court office and the solicitors.

 

However,

it doesnt look like the solicitor got my letter and have billed me for £765 for not informing them!

 

What can i do?

 

This has turned into a mess and i dont have that sort of money!

Link to post
Share on other sites

If a claimant discontinues a claim then you are responsible for wasted costs CPR 38.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Is the bill an actual wasted costs order( Court seal) or just an informal request?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

No court seal, just an informal request. Came from Solicitors and doesnt appear to have any court documents.

 

I've written to them explaining that i didn't want to pursue the case and it looks like they didn't receive my letter!

 

I thought that a small claims court case would not make me liable to such expenses, or else i would have started it in the first place.

 

However, i'm now in no position to pay such debts and i'm afraid that they could effect my credit rating ect.

Link to post
Share on other sites

What were your reasons for discontinuance?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I didnt think I could go through with the case against the evidence and legal team.

 

Liability for costs

 

38.6

(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.

 

(2) If proceedings are only partly discontinued –

 

(a) the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and

 

(b) unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.

 

(3) This rule does not apply to claims allocated to the small claims track.

 

 

(Rule 44.12 provides for the basis of assessment where the right to costs arises on discontinuance and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007)

 

Also, i was under the impression that under CPR 38, this wouldn't apply to a small claims court claim

Link to post
Share on other sites

Quite true but they make application under CPR44.12a

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Costs on the small claims track are strictly limited by CPR 27.14. In the vast

majority of cases, a successful Claimant can only recover:

 

Court fees:

Issue fee

Allocation fee. It is worth noting that whether or not an allocation

questionnaire is actually filed, the fee is only payable where the case

is worth over £1,500.

Hearing fee

 

What a Defendant could claim would be minimal

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Well they want the whole lot, Solicitors fees ect adding to around £795 for my initial claim of £400!

 

I explained to the solicitor that I sent their client a letter at the same time as sending the court a letter for discontinuing the case. He said he will look into it..I did also call the law firm and cancel but the solicitors receptionist couldn't find my details (I have a log of the call and time).

 

I really don't feel I've acted unreasonably. If they had received the letter then I guess I wouldn't be in this position. Though, the did attend court because of this.

Link to post
Share on other sites

Have you a breakdown of these costs?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...