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    • Hi there   thank you for the reply. No, it's not a silly question at all. I am convinced I didn't hit anything with my car. I was going very slowly and it was the guy standing next to his lorry in the road who punched and kicked my car as I went by. It's cause I saw him do it in the mirror.  I initially thought he did it because he thought I was passing him maybe too closely whilst he was messing around with his lorry ?  That's why I stopped and got out and asked what he thought he was doing hitting my car. He then just hurled abuse at me. Not making any accusations such 'you hit me' 'you hit my lorry' or you did this or that. He just swore and shouted at me. At which point I said I would be making a complaint to his company for his threatening behaviour and vandalism for punching my car. I went to my car , got my phone to take a photo of his number plate but then he came towards me again and I thought if he now hits me I am going to come second. I am a woman in her mid 50s travelling on her own and this guy looked like a Millwall football supporter (short, rotund, skin head) so I decided to leave this situation. I got back in my car closed the door and drove off before he could reach me.  I later checked my phone and noticed the photo was too blurred, as I turned and rushed back to my car too quickly before the camera could focus. So I thought it was pointless making a complaint as the guy couldn't be traced anyway, so I forgot all about it until yesterday. But this is all I can think of, it must have to do with this incident as it is in the same street.   
    • Please read the following thread very carefully. It is extremely relevant where you are suing Evri on the basis of a contract which you originally made with Packlink who are domiciled in Spain. A judgement has been obtained and we have applied for transcript and it will be put up on this thread as soon as we receive it probably about the end of July. In the meanwhile, read this thread, see what has been discovered about the Packlink/Evri/customer relationship and look at the witness statement very carefully. It's a long thread but don't give up. Once you have the transcript of the judgement, then I will do a more careful and explanatory post here   https://www.consumeractiongroup.co.uk/topic/459707-evri-lost-my-ebay-parcel-£844-court-claim-issued-judgment/
    • So if the breach occurred say Dec 2017 (first missed payment) and the default notice was issued Sept 2018 and the claim was issued 7th June 24 the claimant will of course be arguing it is within the limitation period (by 3 months)
    • Yep, I would  have brought up the other things like asking for their contract and receiving no response etc. but the mediation phone calls were rather short. Evri just said the contract was not with them (i said 1999 act response etc.) and the goodwill offer thing. Whole process took about 10 minutes in total. Seems like they don't even want to negotate in mediations anymore. "they're only given a certain amount that they can agree to in mediation per day" I mean its hard for me to say if thats the mediator paraphrasing or aa direct quote from evri I will look through that thread and share what I find, also for what its worth I also have everything I made for the previous claim WS and bundles etc. that I can tweak for this parcel, since it did go almost all the way to court and is a virtually identical case. that + this new stuff you shared above should be helpful to me
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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 
      • 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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RussellRoberts
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Sorry to be so dramatic :confused:

 

I got a letter on saturday from DG Solicitors that spooked me a little (for little read LOT) bit.

 

I am claiming on a business account, I have filled in my allocation questionnaire, the bank had to get theirs in by the 24th, on the 25th I received this letter:

 

"We are dissapointed not to have received the courtesy of a response and will bring this matter to the attention of the courts given our clear attempt to resolve this matter without further intervention of the courts." etc etc.....

 

On the same day I received this letter:

 

"We refer to our letter of even date and more particularly our letter dated the 19th October 2006. We note that you have not respnded to us in relation to this letter and we invite you to do so. (I replied to the first with the usual no thanks I'll have the lot, but not the second)

 

"In the event the content of our afforementioned letter was not clear, we wish to confirm that the money tranfer charges are specifically excluded from this type of claim. Money transfer fees are applied to your account in accordance its terms and conditions governing your account and which represent a fee for a service undertaken by our client at your request.

 

For this reason, we repeat our cients without predjudice offer of settlement in the sum of 2,287.40 which we consider represents a true reflection of the charges applied, together with interest and court fee. At this juncture, we wish to reiterate that HSBC is entirely confident that its charges are reasonable, are properly and fully disclosed in its terms and conditions, and that it would successfully resist any challenge in the courts in relation to them.

 

If you accept this proposdal etc......."

 

My little purple starfish is pumping and much as I need the 2,287.40, I also feel I should go all the way for a thousand pounds more. so the questions are:

Deal or no deal?????????

When I opened a business account, did I aggree to cetain charges? ( if not, why are they taking this far?)

Any feedback would be fantastic, Thankyou

Russell

Business Account Statements rec'd 8/07/06

request for repayment sent r/d 16/07/06 £2723.04

LBA sent 12/08/06 No Joy

Moneyclaim issued £3291.15 31/08/2006

 

HSBC Personal account £695.11 Settled in full:D :D

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Russelroberts,

 

This is indeed very interesting!

 

Can you tell me which charges you claimed for?

 

So they are saying bank transfers are 'fees for services' - this sounds right to me. I presume the bank transfers were seperatley listed and charged for on your statement?

 

Which charges are they not disputing (the 2287.40)? and how were they worded on your statement?

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Hiya

 

Thanks for the response, I am claiming for total charges, and the interest, nothing else, exactly as i did for my personal account, which was settled very soon after the LBA, however this whole claim has taken a very different tackmwith it being a business account and seems to be on slightly more uncertain ground (judging by the non-existant feedback I have had in response to my concerns). It appears that I am liable for certain charges on a business contract. This would have been nice to know a while ago, but my experience may be of benefit to others in the future. I'm gonna bite the bullet:o x

Business Account Statements rec'd 8/07/06

request for repayment sent r/d 16/07/06 £2723.04

LBA sent 12/08/06 No Joy

Moneyclaim issued £3291.15 31/08/2006

 

HSBC Personal account £695.11 Settled in full:D :D

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I know exactly how you feel russell,

 

There seems to be some uncertaintity over HSBC business a/c because the wording - "Total charges" seems to imply the charges are unlawful (as they are on your personal a/c).

 

I think I've only seen about hlaf a dozen business a/c's threads so us lot could be the trail blazers!

 

Going back to your letter for a moment -

 

"In the event the content of our afforementioned letter was not clear, we wish to confirm that the money tranfer charges are specifically excluded from this type of claim.

 

So the charge for this service was just lumped into 'total charges' ? is that what they mean?

All of my charges (Bank transfers, etc) were clearly itemised on my statements...the only mystery is those damned 'total charges'

 

I've included these links to some other threads a guy called bong put me on to I've also included my own thread because I asked exactly the same questions. They are all HSBC business a/c but none are as yet settled. I'm looking for clarification on the total charges myself and have asked for the info under sar so we'll see what they've got to say for themselves in 40 days ;)

 

LINK1

 

LINK2

 

LINK3

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