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    • Back to octopus from the smart meter/tariff salesperson. Octopus have now said just ignore the letter - I dont have to have one despite there letter implying (at least) it was required, but that i will HAVE to have a smart meter if current meters stop working as 'their suppliers dont supply non smart meters any more'. I am of course going to challenge that. Thats their choice of meter fitter/supplier problem not mine
    • Point taken that we should inform new Caggers that the £20 option is there in wrong registration cases.  Well, supposedly there, who knows what the PPCs would do in practice.  Anyway, the option is allegedly there with both the BPA as you say, but also the IPC (I've just checked). However, there's a danger here of baby, bathwater. The two easiest types of cases to win are (a) residential - due to Supremacy of Contract and (b) wrong registration - due to "de minimis".  Indeed until recently we has been boasting that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing. We simply can do nothing about a terrible judge.  The judge seems - I say seems because we haven't had all the details - to have ignored "de minimis",. got fixated on a sign and awarded unreasonable behaviour costs.  A totally bizarre judgement.
    • You mean your witness statement 
    • That may be your personal claimed experience I said i didn't want smart meters - you jumped in to recommend smart meters I quite clearly indicated I was happy with being in credit to maintain constant payments - you suggest paying what I owe every month I quite clearly indicated I was happy with being in credit to maintain constant payments - you suggest a variable tariff - even if its one that only varies on a daily basis rather than half/hourly - with prices higher in winter when you need it and lowest in summer when you need it least   politeness ends with: - I'm NOT interested in any smart tariff I see, You are pushing your smart meter + variable tariffs in the wrong place - try pushing them somewhere 'nearer to home'  
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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.

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      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
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Bank fine


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My situation is that i had an agreed overdraft of £180 and was into that of £140

 

Being a student i tend to juggle money alot between accounts and do not have a trustworthy address.

 

After leaving home after christmas and returning to uni i go home for a weekend in feb i open all my mail and realise i have 4/5 letters of just "general concern" about paying my overdraft. With each letter they get more and more "concerned" until they ask me to contact otherwise my overdraft is gone...which happend. Upon knowing this i ring up within the 7 days notice period and pay it all back plus more! I then have to cough up £25 for a fine for being unagreed (which i was until their "concern!")

 

I have also a further £50 worth in the last 6 years which were petty amounts over drawn.

 

What do u think? Can they justify the £140?

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My situation is that i had an agreed overdraft of £180 and was into that of £140

 

Being a student i tend to juggle money alot between accounts and do not have a trustworthy address.

 

After leaving home after christmas and returning to uni i go home for a weekend in feb i open all my mail and realise i have 4/5 letters of just "general concern" about paying my overdraft. With each letter they get more and more "concerned" until they ask me to contact otherwise my overdraft is gone...which happend. Upon knowing this i ring up within the 7 days notice period and pay it all back plus more! I then have to cough up £25 for a fine for being unagreed (which i was until their "concern!")

 

I have also a further £50 worth in the last 6 years which were petty amounts over drawn.

 

What do u think? Can they justify the £140?

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Have they tried to justify it?

 

probably not.

 

Do you want it back?

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Have they tried to justify it?

 

probably not.

 

Do you want it back?

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No i havn't taken any action yet, just wanted to check i wasn't being stupid.

 

And yeah i want it back, whats the point in an overdraft if they remove it because you don't pay it back within a few months?!

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No i havn't taken any action yet, just wanted to check i wasn't being stupid.

 

And yeah i want it back, whats the point in an overdraft if they remove it because you don't pay it back within a few months?!

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I have just recieved the standard issue e-mail after including the amounts (£50 & £25) in my original letter.

 

Is this court time? do i need to visit my court or can i do something online?

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I have just recieved the standard issue e-mail after including the amounts (£50 & £25) in my original letter.

 

Is this court time? do i need to visit my court or can i do something online?

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  • 3 weeks later...

Sorry, i've lost the plot here.

 

How much do they owe you?

What contact have you made with them and what have they said to you?

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a Full Satisfaction letter -

 

A letter outlining the reasons why you want the sum due, the amount and the fact that if this demand is not satisfied, this is the final warning before you take the court action.

 

so you have essentially given them every chance to settle the dispute before starting litigation

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I have written to them asking for £50 and the pending £30 (which they say it is now) not to be taken.

 

They replied with "we think we are great and we will take your card away etc"

 

Now i think "so what" so i need to send this last letter as a final written warning yes?

 

Do i make this letter up or is their a template?

 

Thanks for your help so far :)

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  • 2 weeks later...

Ok i have sent the you have 14 days to reply message requesting my £50 and my pending £30.47 not to be taken and they have replied with "ok go for it" message.

 

They also said contact our onbudsman or something but i feel this is just nonsense?

 

Have i made all the steps to take them to court now?

 

I am actually not intrested in the interest they owe me as its peanuts and too much hassle so by not including these does it effect me?

 

thanks!

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They suggest contacting the Ombudsman - take them at their word. It will cost them £370 (previous threads) just for receiving a letter from the Ombudsman...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 12 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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