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Hi to all, Thought it may be an idea to update this thread for anyone who is following / in the same situation. Still getting the weekly letters from Moorcroft, Westcot etc. with regards to Tesco, RBS & Natwest - also had the odd letter & email from AIC & OPOS in relation to the same debts........so looks like a few different ones chasing the same debts but still with the OC? Lowell have been considering legal action since Sept '23 with regards to both Paypal accounts but have yet to decide and keep reminding me every month. Not heard anything for ages from anyone with regards to Virgin. The most persistent seem to be PRA Group with regards to the Barclaycard debts.....these have now all been forwarded to Brodies. I've uploaded the 4 letters my partner has received with regards to the 2 Barclaycards she has - she is really worrying about these so posted that some kind member can reassure her again - is there still nothing to do at this point until they actually decide to take it further? I've done some further investigating as I have the original emails from Barclaycard. The actual dates of account opening on the PRA letters are completely wrong..........not even close to when they were opened so the liklihood of them having or obtaining any original paperwork seem slim. Also, not sure this is of any relevance but one of her Barclaycard accounts was originally Egg and taken over by Barclaycard. Another point is that most of the companies chasing have at some point got our address wrong and the mail has gone to our neighbour. We live in a group of 3 houses with the same address but all different house names - I'm assuming that omitting the actual house name from the address is a bit of a no no? Thanks to all who read / comment. T. Brodiesletters1-4.pdf -
Claim dismissed, no order as to costs. The decision came down to whether the escalation of a chargeback claim to pre-arbritration per the chargeback guidelines is covered by the FCA's definition of providing a retail banking service and therefore a right of action under BCOBS and the FSMA 2000. The FCA defines a retail banking service as: "an arrangement with a banking customer, under which a firm agrees to accept a deposit from a banking customer on terms to be held in an account for that customer, and to provide services in relation to that deposit including but not limited to repayment to the customer." Monzo's counsel pressed hard the fact the chargeback scheme is a voluntary and I forgot to make the case that the whole issue was about a depsoit. i.e. the money held on the account for the purposes of transactions. I would have argued that providing transactions and handling disputes is part of that service. It may have held no weight, the evidence is probably out there. Very impressed with the judge, stoic, patient and fair. -
Without sight of their statement in support I'm clutching at straws as I dont know what they are relying on or if indeed there is any hearsay evidence. Their statement shouldn't be more than 2 pages ? The courts/claimants copy of your statement must be signed with the statement of truth. -
By Sarahswoes · Posted
Thanks! So, I need to scan and upload their witness statement? The file will be too big! Do you know where do I need to put it, in the evidence part? I was thinking to send the form without signature as I don't have time but I guess I'll have to print and scan otherwise they can also get me for that. There is a hand written signature on their witness form. -
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If you are buying a used car – you need to read this survival guide.
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
ATJ posted a topic in Vehicle retailers and manufacturers,
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.
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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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