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    • Hi again all, below is another email they sent me, I just don't want to get in trouble or things to get worse with this crowd but I am taking your advice here. Anyway advice would be appreciated.   I am contacting you again after having tried to contact you both by email on 03/04/2024 and 10/04/2024, and by telephone on 10/04/2024 and 17/04/2024 to discuss the matter in relation to the regularization of the SOLIDWORKS case against xxx our company.   This is an urgent legal matter. Please contact me at your earliest convenience - +44 2921 920 296.    If we do not recieve a response before 24/04/2024, we will assume that you are not willing to settle this dispute amicably. The case will then be referred back to our client with whom, ultimately, the final decision lies on the enforcement of their intellectual property rights.    Yours sincerel y, Rhys
    • If you do get a letter of Claim and or Pre Action Protocol pack 15. Where there has been non-compliance with a pre-action protocol or this Practice Direction, the court may order that (a) the parties are relieved of the obligation to comply or further comply with the pre-action protocol or this Practice Direction; (b) the proceedings are stayed while particular steps are taken to comply with the pre-action protocol or this Practice Direction; (c) sanctions are to be applied. 16. The court will consider the effect of any non-compliance when deciding whether to impose any sanctions which may include— (a) an order that the party at fault pays the costs of the proceedings, or part of the costs of the other party or parties; (b) an order that the party at fault pay those costs on an indemnity basis; (c) if the party at fault is a claimant who has been awarded a sum of money, an order depriving that party of interest on that sum for a specified period, and/or awarding interest at a lower rate than would otherwise have been awarded; (d) if the party at fault is a defendant, and the claimant has been awarded a sum of money, an order awarding interest on that sum for a specified period at a higher rate, (not exceeding 10% above base rate), than the rate which would otherwise have been awarded. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct   .
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • Thanks all! My wife was driving at the time (took our daughter to get new school uniform) and I wasn't there so I'm not sure what the signage was actually like, but yes, Parkopedia says 2:30, so it's barely over that. I will check it out with her when she gets home later, I haven't even told her about this yet as she'll probably be quite upset. So - likely my best response at this stage is to just wait it out until a Letter Before Claim arrives?
    • check mcol does it state DQ N180 sent to you? if it does then: https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148 3 copies yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket) 1 wit you Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally') the rest is obv 1 to the court 1 to their sols (omit phone/sig/email) if no sols send to claimant 1 for your file   dx
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Seahorse v RBoS **WON **


Seahorse
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Good news. 1 down!!

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Any activity with your claim Snoops? Haven't seen an update for a while there.

 

No movement yet Seahorse, every time I phone regarding the business a/c (which is now settled, just waiting for the dosh) they try to engage me in conversation about RG a/c. I just say i'd rather keep everything in writing for the time being!

 

Again, well done mate!

SM:p

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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Cheers folks.

 

However, I've just had a nasty suspicious thought. I was wondering why they haven't processed both claims. But then....

 

what if they are hoping I'll accept this smaller one, sign my life away in Full and Final, then turn around and say, yeas, but you've agreed not to make any more claims, so we're not paying this one.

 

I hope not, cos they'll get a bit of a shock. When I get home to reply to the offer, I'm going to make damned sure I cross out any reference to signing away my rights. In fact, I think I'll get the missus to scan and send me the letter, then write my own acceptance, and email it to Sandy.

 

Who's address BTW Nidge, is [email protected]

 

Nice girl, not averse to a bit of friendly banter. Doing a job which, in all fairness, I don't think she envisioned taking the route it has recently. I'm sure there was nothing in the job description about having your whole office filled with tons of paperwork waiting to be sent out to thousands of disgruntled customers. :D

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FWIW, I had two claims with RBS that ran outside of each other.

 

I sent them my own letter not only saying I didn't accept their conditions but also categorically stating (so as there was no confusion) that I accepted the offer for THIS account and not for my second account.

 

You can find it in my signature (RBS1) if you wish to read it. ;)

 

Still bumping around on the north sea then?

 

 

EDIT: Gah signature didn't appear, so I'll have to write this bit of garbage on the bottom to give me enough characters in my post for it to appear. :D

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Yup, literally bumping around, although the weather is getting better.

 

Already written my own letter, emailed to Sandy, and had it checked by her line manager. All good as far as RBS is concerned. So, signed PDF'd and emailed back to the missus to add her scrawl, and it should make last post this afternoon. Made sure they understood I was accepting on that account only.

 

Also stipulated which account it was to be paid into, as we're in the process of closing this account. Wouldn't want any more delays because someone was being a little bit silly. ;)

 

Also found out we've been hit with 100 odd quid in charges this month!!!! But she says, not to worry. If the branch won't sort it, her unit will.

 

RBS first for customer service after all, it would seem. ;)

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  • 2 weeks later...

I'm in the money!!!!!

 

Just checked the old t'internet banking, and £2,220.76 is now sitting snugly in my account. HOORAH!!! 1 account down, 1 to go.

 

Although the bank will be getting most of it back to pay off my mortgage arrears. :(

 

Never mind. At least I can afford to sort that out now. :)

 

And it's nice to know, there's more to come. ;)

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well done seahorse!!

bottle of champers for u and the wife is called for!:D

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Congratulations, celebrations ?

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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And continuing the good news... just had an email to say an offer letter is in the post today for the other account. AND includes a rash of charges I got hit with in April.

 

Looks like May is going to be a total contrast from last month, and I'll finally be able to get back on my feet financially.

 

THANK YOU EVERYONE FOR YOUR SUPPORT AND ENCOURAGEMENT!!!!!!!

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Yay!

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Well done & CONGRATULATIONS, Seahorse!! :D

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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Well, I am impatiently awaiting our postie's appearance this morning to see if my final offer materialises. But in the meantime, i received a letter yesterday from the FOS saying they've been in contact with the bank. I wonder if that's what prompted the bank into pulling their finger out? I hope not, as I'd like to think that Sandy has actually been doing her level best to get this sorted for me.

 

Anyow, this letter from the FOS has given me an opportunity to email the person dealing with my complaint directly, without having to rely on generalities from the FOS. So I have specifically asked about the 5/6 year discrepancy in limitations as relates to how the FOS will advise complainants to proceed in relation to any offer the banks might make to those on different sides of the border, as it seems to me that if the claim isn't actually going ahead to court, FOS might be able to bring pressure to bear on the banks to provide a level playing field for ALL claimants. At least then, I'll have it in black an white as to what to do with my pending offer, and will be able to advise other Scottish claimants accordingly, on the basis of fact rather than speculation.

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Well, so much for hoping for a definitive answer from the FOS. I don't know whether to feel encouraged by this email, or disheartened. And it doesn't really help me make up my mind one way or the other. SO, I guess it just boils down to whether I'm prepared to drag this out for another few weeks to see what happens, or take their offer when it arrives and cut my losses.

 

We are not able to say if you should accept an offer or not, that is your decision. However if you are unhappy with the amount offered by the firm you do not have to accept it and we can consider the complaint further.

I am unable to comment further on the merits of your case at this point. If you decide your want us to investigate your complaints further, this will all be addressed by our adjudicators carrying out the full investigation of your complaint.

Kind Regards

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If you are prepared to drag it on for a few more weeks I would let the FSO investigate, for these reasons

1. Even if the FSO said the offer was reasonable or generous, then you would accept it.

2. Even if they ruled it that it ws higher than they would have given , they do not tell the RBOS that fact they only tell you.

3 Every time someone makes a complaint against a bank whether they rule in your favour or not the Bank gets fined by the FSO. so it costs the Bank a little bit more, I heard it on the grapevine somewhere the stated fine is £250..... not much to a bank but if 50 people complain about one bank then its 50 times £250.

 

sparkie1723

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Well, the complaint is already in hand, so I guess the bank have been fined by now anyway. So it won't make any difference in that respect if I do drag it out.

 

Oh, well. I might be pleasantly surprised by their offer. Probably not though. And if I DO let the FOS adjudicate, then it will probably help others make up their mind too.

 

We'll see what tomorrow's post brings. If anything. ;)

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So how do things differ here then?

 

If you reject FF settlement then go to court, you're likely to be struck out.

 

How come you can do it with the FOS?

 

Just asking out of interest, I'm intrigued!

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Hiya T4FF, Thanks for your posts on my thread,

 

The FSO decisions are not legally binding you do not have to accept his decision, just as you do not have to accept any decision of breaches of the Data Protection Act by the Information Commissioners Office.

 

But sometimes the FSO can and does award more than the Bank has offered but it's a step to take Before court action.

 

Tom Brennan and the Nat West is a good example they offerd him twice as much as his claim for £2000, in full and final settlement even paid it into his bank account without his permission, he rejected it and carried on to the courts. The rest is still developing.

 

In my court case against the RBOS they offered me £4000 in full and final settlement and I rejected it, still went to a 2 day hearing. But thats another story.

 

 

sparkie1723

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I am assuming that even before I accept or reject an offer, I can ask the FOS to adjudicate on the offer, as that might be deemed to be their Full and Final. And in any case, the bank's own 8 week period is well expired by now, so I could ask for an adjudication even without a full and final. And then accept or reject on the basis of their decision.

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