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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
    • quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
    • If it doesn’t sell easily : what they can get at an auction becomes fair market price, which may not realise what you are hoping.
    • Thank you. The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why?  Fair market value seems to be ever shifting and contentious.
    • Hungary is attempting to be a world power in manufacturing electric vehicle batteries, despite locals' reservations.View the full article
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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 
      • 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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citi A word of encouragement for citi claimants


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I was speaking figuratively, not literally.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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very interesting thread,

 

Cannot wait to see what the latest twist is :)

 

just wanted to say good luck to everyone !

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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Citi are still citing your case LTWFB in their AQs submitted to court, received a copy of it this morning and low and behold they are still trying to use Kissick v Citi as a defence.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Court date with Citi in Northern Ireland on 11 December 2006.

Mr Smith has entered the following notice of dispute to the court: "My client does not owe any money to the claimant."

 

His defence reads: "The respondent denies that the charges are punitive in nature or exceed any actual loss arising to the Defendant from the Claimant's breaches and puts the Applicant to proof that the clauses complained of are a disproportionate penalty clauses and/ or unreasonable;"

 

"The Respondent avers that the Applicant's claim is not a money claim but a damage action and further avers that the Applicant's interest calculation is not applicable to this action or, if it is applicable to this action, that it is incorrectly calculated and the Respondent puts the Applicant to proof that this interest is owed."

 

" The Defendant avers that under common law and contract law it is entitled to recover its losses as a result of the Claimant's breaches. It avers that it has recovered such losses only and will adduce in evidence the basis of such charges."

 

All the above in inverted commas are his exact words.

 

Any thoughts?

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This looks like their standard defence I had something very similar

First Direct - Settled in full :eek:

Lloyds TSB - AQ completed Central London CC :confused:

RBS - Settled in full :p

Morgan Stanley - Settled in full :lol:

Capital One - Settled in full ;-)

Citi Cards - Transfered to Mercantile Court 19/10/06

Nationwide - Settled in full 8)

Capital One Acct 2 - Prelim letter

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Court date with Citi in Northern Ireland on 11 December 2006.

Mr Smith has entered the following notice of dispute to the court: "My client does not owe any money to the claimant."

 

His defence reads: "The respondent denies that the charges are punitive in nature or exceed any actual loss arising to the Defendant from the Claimant's breaches and puts the Applicant to proof that the clauses complained of are a disproportionate penalty clauses and/ or unreasonable;"

 

"The Respondent avers that the Applicant's claim is not a money claim but a damage action and further avers that the Applicant's interest calculation is not applicable to this action or, if it is applicable to this action, that it is incorrectly calculated and the Respondent puts the Applicant to proof that this interest is owed."

 

" The Defendant avers that under common law and contract law it is entitled to recover its losses as a result of the Claimant's breaches. It avers that it has recovered such losses only and will adduce in evidence the basis of such charges."

 

All the above in inverted commas are his exact words.

 

Any thoughts?

 

More or less standard defence - I bet they request adjournment until LTWFB appeal has been heard.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Court date with Citi in Northern Ireland on 11 December 2006.

Mr Smith has entered the following notice of dispute to the court: "My client does not owe any money to the claimant."

 

His defence reads: "The respondent denies that the charges are punitive in nature or exceed any actual loss arising to the Defendant from the Claimant's breaches and puts the Applicant to proof that the clauses complained of are a disproportionate penalty clauses and/ or unreasonable;"

 

"The Respondent avers that the Applicant's claim is not a money claim but a damage action and further avers that the Applicant's interest calculation is not applicable to this action or, if it is applicable to this action, that it is incorrectly calculated and the Respondent puts the Applicant to proof that this interest is owed."

 

" The Defendant avers that under common law and contract law it is entitled to recover its losses as a result of the Claimant's breaches. It avers that it has recovered such losses only and will adduce in evidence the basis of such charges."

 

All the above in inverted commas are his exact words.

 

Any thoughts?

How long after aknowledgement did they file the defence? was it just before the 28 days were up?

If I have helped click my scales....

 

Find my threads by clicking here

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Reason I was asking was because they seam to have forgotten to file a defence and the 28 days are up. Awwww poor them.

 

Will need to send off my request for judgement tomorrow.

 

Any links to any other claims they have done this with and what they do? Do they tell loads of prokies to the judge or just payup.

 

I will give them 4 days to pay up just as a gesture of good will.

 

ta

If I have helped click my scales....

 

Find my threads by clicking here

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check out my thread debt mountain. They didn't file a defence, I got a judgement by default and went to a hearing with them.

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Reason I was asking was because they seam to have forgotten to file a defence and the 28 days are up. Awwww poor them.

 

Will need to send off my request for judgement tomorrow.

 

Any links to any other claims they have done this with and what they do? Do they tell loads of prokies to the judge or just payup.

 

I will give them 4 days to pay up just as a gesture of good will.

 

ta

 

don't be too disappointed if you find that they faxed a defence through at the very last minute,or even next day-the courts seem to play very fast and loose with deadlines in these cases....

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don't be too disappointed if you find that they faxed a defence through at the very last minute,or even next day-the courts seem to play very fast and loose with deadlines in these cases....

why are the courts allowed to do this. A deadline is a deadline. Can we not take the court to court..:D

If I have helped click my scales....

 

Find my threads by clicking here

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When Citi did not file a defence against my claim I got a judgement, only for them to have it set aside claiming they had not received the particulars. I have now received their defence and the AQ's have been submitted to the Court.

Good luck with your claim.

Jax

 

Marbles/HSBC - SETTLED IN FULL

Beneficial/HSBC - SETTLED IN FULL 01/08/2006

NatWest Cr Cd - SETTLED IN FULL in respect of default judgement obtained 06/09/06

Natwest - SETTLED IN FULL 20/10/06

Abbey T/A Business Account - SETTLED IN FULL 07/03/2006 :grin:

Abbey Current Account - SETTLED IN FULL 16/03/2006 :grin:

Citi - SETTLED IN FULL 17/05/2007 :D

Natwest Business Account - On going

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