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    • It would help us to advise you if you fill in the sticky that dx100uk posted yesterday, then we can start looking at this. It's also worth sending off an SAR [click on the letters for further information] to Met, so that you have all the information for later. You don't want to be trying to get hold of it in a rush. HB
    • I chose to transfer my Isa and went through the usual process, giving Shawbrook three weeks' notice, but it did not process the transfer until after my account matured.View the full article
    • so I need to return the questionaire   Do I go for the remediation fre eoption or straight to court?   is there a guide to filling this out or do i just go with what i think? (ie. judege, get all papers, make a decision)  
    • Thanks for replies people, I think i will hold tight for a bit.
    • Can I please have advice on how to deal with Forecourt Eye.  Received a letter claiming I drove off without paying for petrol three months ago...there is a picture of me at the pump and me clearly offering my card to pay - apparently I only paid for some snacks and then left. Its also for a very odd amount 23 - I did check my account and I was charged 1.50 for snacks. I obviously had every intention of paying and for some reason either the transaction didn't go through.    I am kind of fuming about this as I had no idea and if I did not pay I have no idea what the circumstances were , but not a 'drive off' as described by Forecourt Eye. I have no issue paying for the petrol if the payment for whatever reason did not go through. In fact we visited the garage on advice of a friend who has a legal background and offered to pay, the lady behind the till called the manager and we spoke to her on the phone where she robotically said its 'the way it is now and it goes to Forecourt Eye' I then said I am contractually obliged to pay you, not Forecourt Eye.  We are visiting the garage again when the manager is there and will offer to pay again.  Interestingly when we called in the lady behind the till asked if I had called the garage the day before about the matter- I said no that was not me, so somebody else clearly  has had the same issue, I can't see drive off's being that common in any petrol station! So I know I am not the only one.    I know calling Forecourt Eye is not advised, I visited a shell garage yesterday ( really not wanting to ) made sure I had chip and pin and made sure I knew exactly what was being entered into the machine. They now have their threatening posters all over the pumps, basically making them or the garage responsible for any mistake...
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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 
      • 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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Tomasz vs Co-op ** WON **


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  • 2 weeks later...

Well, issued the first letter, they asked for more time. Waited the two weeks, issued the second letter. Just before the two weeks end (Monday) they write to me asking for six weeks! Six weeks! I gave them a full list of the charges and told them to refund me, what part of that takes six weeks?! So, I file my case on Monday!

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I'm preparing my money claim, but I'm thrown by this bit:

 

"If you have not already sent a full schedule of charges and overdraft interest to your bank

-- then --

stop!

- take no further action until you have remedied this."

 

I've sent my bank a full list of charges, twice, is that sufficient? If not, is there a template for sending them the charges and interest? What should I prefix it with?

 

Thanks,

Tom.

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Hi Tom.

If you have sent the Bank a copy of the schedule of charges (not including the 8% interest) when you sent them the Prelim letter and the LBA, then go ahead.

 

When you file at MCOL, then the 8% kicks in.

 

Send a copy of the schedule to the Bank and to MCOL by mail. You should include the Court Claim number on the top of the schedule to the Court, and in the one to the Bank, the reference number found at the top of their letters to you. You should also include a covering letter in each asking that they place the schedule in the file they have for you and also mention that you have supplied a copy to the other party.

 

The Bank copy should be sent to:

The Litigation and Disputes Team

Level 29

at their Churchill Place address

 

The MCOL copy should be sent for the attention of:

 

The Court Manager,

at the MCOL address in Northampton.

 

Some say that it is not necessary to send by recorded delivery but I did.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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Thanks a lot for that. I'll file now (been two weeks since last letter) then when I've got the ref' number I'll send the full list of charges and interest back to the co-op and the court. Co-op's delaying has earned me an extra £75+, going up daily, so please, delay some more co-op, delay away!! :)

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Claim is written out and ready to go on moneyclaim, just need the 120 quid fee :\ Should be able to file tonight though.

 

Welshman: can only find a churchill place address for Barclays, not co-op'? Will send to Balloon street unless I hear otherwise :)

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  • 2 weeks later...

I've received a credit of 850 in my account today, which I'll gladly take as part payment but I'm hanging on for the extra 317.79 I'm owed. Not got any communication indicating this yet. They've also acknowledged the claim, buying themselves an extra 28 days :(

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I've received a credit of 850 in my account today, which I'll gladly take as part payment but I'm hanging on for the extra 317.79 I'm owed. Not got any communication indicating this yet. They've also acknowledged the claim, buying themselves an extra 28 days :(

 

Sorry, no. By acknowledging, they only buy an extra 14 days. It's a total of 33 days from when you filed.

 

Also, if you are pressing on with it, send them this letter amended accordingly. I'd amend it similar to:

 

Dear [named sender or Sirs]

Thank you for your letter dated xx/xx/xx

I thank you for crediting my account with the sum of £XXX. You have acknowledge my claim on MoneyClaim on line and I request, once again, that you return to me all charges imposed on this account, totalling £xxxx. There is a balance outstanding of £XXX

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with my County Court claim mentioned above if necessary.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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Right, this is getting a little weird! Yesterday they sent me £850, and today they've sent me an extra £66.78. They've also sent me a letter telling me they'll be refunding £845!! Odd. They've challenged one fee, which was refunded, but I'd calculated they'd refunded a different fee and removed that from the list, so that's a minor technicality and a couple of days interest. They've challenged another fee, and I can't see why, they're saying it was only £30 but my statements clearly show a second fee of £25 too. They've also included this strange statement...

 

"The charge of £25 and 10 showing on your statement as fees are not charges and therefore will not be refunded".

 

They've not mentioned dates, and I've not included any of my 'subscription fees' so I can't think what these relate to. Anyway, I've tapped out a letter and a full list of all charges, interest and court fee they owe me.

 

Because there's one slight change should I copy this to the court to reflect this change? Or is this just between me and the bank at the moment?

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