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    • If that is the first final notice you have received you can probably expect two or thee more to follow. This to test your resolve. They are hoping that these frightening 😃 letters will scare you into paying. After the third or fourth final demand they then have to decide  whether to actually proceed with a court claim or forget about you for a while. You were not the driver, their PCN is non compliant .No biggy.Slam dunk win for you.
    • This journo thinks Trump wants a Mafia state. I wonder if his supporters really want him to be immune if he orders a political assassination? The surest sign yet that Donald Trump wants to run the US like the mafia INEWS.CO.UK The Trumps want to make sure nothing like the rule of law stops them  
    • Yes. I'd be very interested to know how the defendant fared in putting forward the defence that the calaimant had been contributorily negligent by not keeping their cat under control. I'm aware that some people might find that fatuous, distracting or confusing, but the reality is that I'm not aware of any law that imposes a duty upon cat owners to keep their pets under control.  Whereas I believe the law does hold dog owners responsible for their dogs in public places. I'm not certain it was at all beneficial to the OP to suggest that blaming the claimant was a credible defence...
    • Okay, perfect. they did say BS is invoked as soon as i fill in their application form, ill get a pin. i had to press them more on this as they didnt want to discuss BS much. so i should fill in the form and get the pin, then i can initiate BS. What will follow and what should i do after? Thanks again for all the help and patience.
    • Good evening, so not a good weekend reviewing paperwork -- I have lost some proofs of postage.. also, although not provided at CCA, they have now supplied a DN in their WS, please see scan of claimants WS (without statements) Document with tick boxes as signatures doesn't look like an agreement and is split across pages. Documents have been stapled and copied multiple times looking at the top left of them. Aside from that, having read other threads, I suspect they have everything? appreciate your input please Sorry for heavy redactions, I noticed the paperwork was see-through LinkHalifaxCC1.compressed.pdf
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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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