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    • So who did you pay for the few months energy used before you switched to BG ?  OVO ? 
    • I moved in November 2018. The date they have got is the 10/10/2018 (that's the date it says the agreement was entered into in the letter before claim). I have no idea what period the money owed covers. 
    • Irrelevant if its not in their particulars. Look the crux of the defence is that you are being billed for energy (most probably daily Standing Charge amount) after the previous owner left. So you want proof and dates from the claimant that pin points this debt was incurred by yourself after you took residence. Now we can throw in the the standard legal jargon that puts them to proof. The claimant is an assignee who bought the debt for pence from SSE/OVO they haven't a clue how it was incurred or by who and possibly wont have any paperwork to back up their pleadings. What did did you take residence...what dates are on the charge from when and to ?
    • Notify them of your new address when you move yes.  You should do this with all your creditors and twice with the DVLA (once for licence, other for car V5C) Limitation period is 6 years for private cases.  Don't worry about a CCJ. They're a punishment from the court. For that you'd have to: Get a letter of Claim. Ignore that and get a formal claimform. Either not defend, not meet directions or go to a court hearing and lose (highly unlikely when following the advice here) Get judgement awarded against you Ignore this and not pay in full within 30 days. Only once all that has happened is a CCJ registered against you.  
    • Yes, you should tell them by snail mail if you move, just don't give them your email address. I think they have six years to pursue this, hopefully they won't. HB
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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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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

PPI mis-sold, applicant deceased


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I have been approached by a good friend because of my experiences with banks and claiming PPI and unfair charges but I would like to run this by my family of Caggers please.

 

My friends mother took out a small loan(Llyods TSB) back in Aug 2009 and repayments included PPI (I have seen agreement) but she was retired and in receipt of a pension at the time so PPI should not have been applied.

 

Unfortunately she was taken ill in the Autumn and one payment was missed/late. However her son paid the loan off in full and the late collection activity charges of £25 was refunded.

 

It is not clear whether he got a settlement figure or just paid the balance outstanding from the most recent statement he had (I am looking into that) but I have a few questions please;

(1) If balance from recent statement paid, should Lloyds TSB have refunded difference on the account once they had done their re-calculations?

(2) As her son is dealing with her affairs (as executor of her will) due to her death Autumn last year, can he claim for mis-sold PPI in these circustmances or is it too late?

 

Has anyone else been in similar circumstances?

 

Shelley

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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You should always ask for a settlement figure. Depending on how the loan is structured, there may be an interest rebate relevant to the account. In addition it means that written confirmation of the closure of the account on a certain figure can be obtained from the bank.

 

If the PPI was useless then the estate should reclaim that and the proceeds go into the estate.

 

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Thanks ims21. I've just been advised a letter was not involved - a visit to the branch whereby the advisor told him the balance there and then and it was paid immediately by debit card. Do you think this would of involved the interest being recalculated in accordance with proper procedures?

 

I wasn't sure if monies could be claimed for decesaed relatives, albeit, I understand it would go to their estate.

 

They have completed the questionnaire and sent that off a couple of days ago and now await their reply. Nowing Lloyds TSB that isn't going to be very soon is it? lol.

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Share on other sites

Might be an idea to request a written statement of the settlement figure. That way you will have full documentation for the accounts of the deceased's estate...just in case there are any issues in the future.

 

A claim is not being made by a surviving relative as such...it is being made by the executors of a deceased's estate and the executors are ensuring that the estate ends up with all that it is entitled to.

 

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Might be an idea to request a written statement of the settlement figure. That way you will have full documentation for the accounts of the deceased's estate...just in case there are any issues in the future. That sounds like a very good idea to prove to anyone that her estate was handled correctly and in her best interests.

 

A claim is not being made by a surviving relative as such...it is being made by the executors of a deceased's estate and the executors are ensuring that the estate ends up with all that it is entitled to.

Gotcha, Understood.

 

Thanks ims - that makes sense.

 

Just as a matter of interest, if an estate had already been settled and something like this came to light, is there any timeframe that should be considered do you kinow?

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Share on other sites

I would guess that the estate could operate the same as an individual.

 

The way I would look at it is that the deceased had still been "done" by the lender and as a result of their conduct the estate suffered as a result and therefore so did any beneficiary.

 

Given that the executors have a duty to ensure that the estate is in order I would say that the same rules would apply as those to a living person.

 

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Thats great thank you.

 

Am I correct in thinking they would only be eligible to 8% standard interest in these circumstances or could they push for Interest in Restitution?

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Share on other sites

It would have to be court to get the higher rate of interest. To be honest I am not sure about the law on executors suing on behalf of an estate.

 

Other wise it will be the standard regulatory award of premiums paid plus any interest charged as a result and 8% on top of that.

 

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