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    • Please can you avoid posting solid blocks of text. It is difficult for people to read especially when they are using a small screen such as a telephone. Well spaced and punctuated please. I hear what you say about the evidence – but do you have copies of it? And if so can we see it please. That's the point. We want to know what you have. As long as you have the evidence in your possession then you have some kind of control
    • Hi, the vehicle went to Audi Chingford on Thursday 13th May. I did state beforehand that I only wanted a diagnostic. The technician out of courtesy opened the drain letting huge deposits of water escape the seals. Video evidence was provided via AUDI cam. The link for the audi cam has been forwarded to BMW and Motonovo. I spoke to branch manager explained the situation and he stated he would sent me an email outlining the issue. Audi state this is not really an issue and more of a design flaw. However, the seals still have water ingress. I purchased the vehicle with £0 deposit on a 60 months HP plan for £520.00. The vehicle total was £21000. I did not go for any extended warranty. I live almost 70 miles away from the aftersales centre in Peterborough. I have previously uploaded the document I forwarded to BMW however it was in word format. I have had to buy a new tyre almost three days after purchasing vehicle. BMW still have not compensated me for the v62 cost as they said they would. 
    • I would suggest that you stop trying to rely on legal theory – as you understand it. Firstly, because we are dealing with practical/pragmatic situations and at a low value level where these arguments tend not to work. Secondly, because you clearly have misunderstood the assessment of quantum where there are breaches of obligations. The formula that you have cited above is the method of loss calculation in torts. In contract it is entirely different. The law of obligations generally attempts to remedy the breach. This means that in tort, damages seek to put you into the position you would have been in had the breach not occurred. In other words it returns you to your starting position – point zero. Contract damages attend put you into the position that you would have been had the breach not occurred but this is not your starting position, contract damages assume that the agreement in dispute had actually been carried out. This puts you into your final position. You sold an item for £XXX. Your expectation was that you your item would be correctly delivered and that you would be the beneficiary of £XXX. Your expectation loss is the amount that you sold the item for and that is all you are entitled to recover. If you want, you can try to sue for the larger sum – and we will help you. But if they ask for evidence of the value of the item as it was sold then I can almost guarantee that either you will be obliged to settle for the lesser sum – or else a judge will give you judgement but for the lesser sum. This will put you to the position that you would have been had there been no breach of contract. I understand from you now that when you dispatch the item you declared the retail cost to you and not your expected benefit of £XXX. To claim for the retail value in the circumstances would offend the rules relating to betterment. If you want to do it then we will help you – but don't be surprised if you take a tumble.  
    • I was caught speeding 3 times in the same week, on the same road. All times were 8-12mph higher than the limit. I was offered the course for the first offense and I now need to accept the other 2 offenses. I just want to be ready for what might come. Will I get the £100 fine and 3 points for each of them or do I face something more severe?  These are my only offenses in 8 years of driving.
    • I'll get my letter drafted this evening. Its an item I sold, which I'm also concerned about, as whilst I don't have my original purchase receipt (the best I have is my credit card statement showing a purchase from Car Audio Centre), I do unfortunately have the eBay listing where I sold it for much less. But as I said before this is now a question of compensation: true compensation would seek to put me back into the position I was in before the loss ie: that title would remain with me until my buyer has accepted this, and so compensation should be that which would be needed to replace the lost item. But in the world of instant electronic payment, it could be argued that as I had already been paid, the title to the goods had already transferred, and I was required to refund the buyer after the loss. And so, despite my declared value being the retail price - that which is needed to return me to my pre-sales position, the compensatory value should be the value I sold it for, which being a second-hand item from a private seller is lower. I still believe that I should be claiming for the item's full value, rather than how much I sold it for, as this is the same for insurance: we don't insure the value we paid, but rather the value of the item to put us back into the position we would be in if we ever needed to claim. Its for the loss adjuster to argue the toss
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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
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2 minds


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2 minds - half a brain. The law is the law.

 

Your plumbing analogy is pathetic it's not as though he had breached any contract with you is it. Now get back to work as you obviously busy.

 

Simple, precise and straight to the point ;)

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  • 2 weeks later...

everything is dispraportionate thats how people earn money, it doesnt cost a plumber £35 an hour to fix ur pipes, but its what they charge and you agree to it... 6 years later are you gonna go back to him and get ur money back?

 

 

I cannot see any similarity between a plumber and bank making charges.

 

The Plumber sets his hourly rate and if you wish to hire him you pay him, he does not come round and then demand that because he couldn't fit the washer onto your pipes as they are a different size he will now issue you a £25 Charge regardless of what you say.

 

Also the plumber is "manual working" the main point with charges is that the banks computer cannot send the payment due to lack of funds, this probably takes milli-seconds yet they have to right to issue a £25 charge?

 

If someone had to stop the whole computer system cycle and then manually ammend the records etc and then handwrite a letter and send it out, then possibily the charges would be more acceptable, but having worked in a bank before I know that this just does not happen and charges are all profit.

 

The point is the charges are way over priced.

 

Halifax charge £39 for a bounced DD, thats almost a days wages for me and probably most of their staff, so are we saying that it takes 1 person 1 working day to solve the problem my bounced DD has caused the Halifax?

Nationwide:

DPA Letter sent 10th May, Received 1st June, calculated approx £330 charges, Prelim to sent soon.

Egg

£60 Charges - Pre Letter sent 23rd May, declined refund,

Halifax

£39 Charge - Pre Letter sent 23rd May, Halifax have agreed to refund the £39

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Insomniac you have nailed it right on the head. What 2 minds does not understand is that the law is the law and there is clearly established case law backed up by recent consumer legislation that make the claims lawful. What this has to do with plumbers is beyond me. A rather strange analogy don’t you think? There is no similarity between the service offered by a plumber and a bank charge. Common sense and logical reasoning are qualities that our friend doesn’t seem to have been blessed with. His thought pattern does not seem to be of this world. I suppose that’s the difficulty of having 2 minds.

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2 minds you should be aware that the banking industry thrives on people not running their accounts responsibly these people earn them millions each year and because of their nature are less likely to ask for refunds. I can remember when if you went to an ATM and you only had £3.00 it would not let you draw £5.00 then somebody thought up the wonderfull term RISK ASSESSMENT and bingo the banks earn more millions. Unauthorised overdraft my backside the software authorises it. Why are people so dumb?

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  • 2 weeks later...
. By deliberately levying unlawful charges, you have excluded yourselves from the Statute of Limitations.

Is'nt there an implication here Seminole that we can go back beyond 6 years?

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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Hi guys-n-gals, I'm somewhat new to this forum business, in fact this is my first ever post to such a thing. In fact I'm what is colloquially referred to as a silver surfer, though I have been a computer technician for over 35 years. Anyway, the foregoing is by way of background to apologise for any gaffes I may make/have made.

The point is that I came to this site first time the day before yesterday, and have been avidly trawling the forums ever since, I have already requested statements back to 2001, and am looking forward to a little of what was good for the goose.:D Since reading through the whole 11 pages of this thread, it occurs to me that it is quite possible that if 2 minds, was to accept that the bank's system of charges were indeed unlawful, (Which it seems they are), then it follows that a large part of 2 mind's job is also unlawful, and that 2 minds has caused an awful lot of unlawful grief for a lot of people. Personally, I would noy be able to live with myself in that situation, and would at the very least, have to quit that particular job.:-(

It seems that 2 minds is an intelligent and rational person in most ways, but when it comes to the core fact that the banks, are acting unlawfully, (and therefore 2mind's position is also of questionable lawfulness), then intelligence and rationality seem to depart at great speed, and are replaced with numerous specious examples of plumbers and parking fines. It occurs to me that this person is far too intelligent to believe any of the guff she put forward in defence. It was so obviously in totally different categories to the case in point, that my great grandson would have laughed it out of contention.

I can only assume therefore, that 2 minds, is persistantly trying to convince herself that the banks are doing no wrong, an attempt which is logically doomed to failure, and I would suggest that she considers a career change and some councilling before the schizophrenia mentioned earlier in the thread becomes less of a pun than the real thing.

(This is a serious warning/suggestion, and I intend no slur to any person or persons who may or may not read this post)

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Here, here. (I always thought 2 minds was a bloke but your viewpoint does put a whole new slant on the thread. A woman eh - interesting!)

 

Actually an interesting fact. 2 minds joined the forum on 23 April and hasn't been back here since 27 April. Do you think he/she left because he/she couldn't win the intellectual argument?

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Here, here. (I always thought 2 minds was a bloke but your viewpoint does put a whole new slant on the thread. A woman eh - interesting!)

 

I may well be wrong here, my short term memory is becoming increasingly unreliable, however, I did seem to recall that at least twice during my perusal of the thread, 2 minds had been refered to by a feminine pronoun. This of course may mean nothing even if my memory is not at fault

 

Actually an interesting fact. 2 minds joined the forum on 23 April and hasn't been back here since 27 April. Do you think he/she left because he/she couldn't win the intellectual argument?

 

I suspect that if my analysis of that person was anywhere near correct, that he / she would have been intellectually aware of the impossibility of winning, and at the same time, equally aware of the psychological dangers inherant in losing. So an inherantly unstable situation existed. One can only hope he/she managed to resolve it without too much problem.

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My mental image of him/her now is of something approaching Kryton from Red Dwarf when he was trying to say smeg head. 2 minds is trying to say lawful but keeps putting an 'un' in front!!! Perhaps he/she has been transferred in the banking equivalent of a sideways move off the coal face.

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  • 2 weeks later...

Just been reading up on all of this. I agree with you all, except 2 minds (sorry!). I have come across something that concerns me-that banks are supposed to give you 14 days notice before they charge you?? Well I have been with the Natwest for 10 years and I have NEVER had a letter pre warning me of charges, they just automatically get taken the instance a dd/so/chq goes over! I guess this is incorrect??

 

Well I am so gonna take the Bar Stewards, (without swearing), to court. Bring it on, bloody sick of not being able to afford one bill after another because £100s of bank charges that go on and on!

 

Fight for the people I say!! ***** the banks! (no offense to anyone working in a bank, having a go at the fat cats!) (MOD - Language please!!)

 

xxxxxxx

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...snip...

everything is dispraportionate thats how people earn money, it doesnt cost a plumber £35 an hour to fix ur pipes, but its what they charge and you agree to it... 6 years later are you gonna go back to him and get ur money back?

 

Good luck to any people claiming, that really haven't just spanked money they dont have

 

There's a massive difference netween the plumber analogy and banks ripping people off, and I am surprised that someone who works for a bank can come out with such a statement.

 

When you pay a plumber an agreed price, you are agreeing to his skill and knowledge in doing the job properly, safely and assured for workmanship. However, if he fudges up, you sill have the right to redress. The plumber is actually taking time to do the job, which prevents him from gaining money elsewhere - you are paying for a specialised skill, and at a resonably proportionate level of remuneration in terms of what is actually being used.

 

The banks however, have huge computer systems that churn out pre-templated letters, that the bank manager doesn't even sign (they're scanned signatures embedded on the letter), and the whole process, including 1 sheet of recycled A4, one recycled envelope and a postal franking fee (they don't even need someone to stick stamps on) costs no more than 47p.

 

By the way, before you carp on about "what to fox do know", I own an IT company that project manages these sorts of systems, so I do know ....very much, thank you.

 

A returned Direct Debit is a milliseconds electronic message between two computer systems, that costs about 0.0000007p in processing time, if you really want to divide it out for an average bank.

 

In the meantime, the bank is ALSO charging interest, which is, I believe, fair (as long as it's at a reasonable rate...maybe base + a few percent), so they are getting two bites of the same cherry. That is, after all, how banks make money... they lend it, and charge interest, or they use my credit balance each night to play the markets, or hold up my incoming cheques for a few days to earn their own money on them (LloydsTSB, now, excepted).

 

They do NOT, repeat NOT, need to be so goddamn greedy (which is what it's all about) by charging anything like £30+ (in most cases) for the automated system to trigger the automated print centre to churn out a letter. Also, considering that this country has had messaging phones and email for many years, the banks have not adopted this technology to let customers know via these considerably less expensive mediums.

 

Instead, they have stuck to the archaic ritual of pretending to hand-write a letter, and then try and justify such extortionate costs. At the cost of some banks, it would be cheaper to hire a Sistene monk to hand-write in the finest calligraphy upon the finest goatskin-parchment!

 

Finally, the very last term and condition on every Bank's Ts & Cs is that they will be subject to English Law. And English Law (both the UTCC and Case Law), has spoken on that front...so why do the banks think they are above that Law?

 

Why? I'll tell you why. They think that becuase they are so big and powerful, they will frighten the little man in the street with this word 'Law', because the common perception is that Courts are costly, confusing, and corruptable.

 

However, as more and more successful cases flow through this and other media outlets, the truth is actually quite different. Remember, in a civil claim, the Claimant has to merely prove "on the balance of evidence", NOT "beyond all reasonable doubt".

 

In the meantime, I'm awaiting NatWest to reply as to how they maanged to turn a £14k overdraft (within an agreed 18k limit) into just under £50,000 :shock: and put the account in default at their own whim.

 

I'll let you know what happens... ;)

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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