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    • Dont expect instant resolution of 14 years of poopulist party, personal and vipal excess .. but I do believe that starmer will quickly start significant delivery of change - and deliver in the long run   They need to deliver to prevent a massive rebound away from them.   Lets remember - it took the torys a couple of years to trash the country and its reputation although they worked hard on it from day one. I expect no less in timescales, and a lot more in effort and application in Starmers resolution to the tory poop abuses.
    • True, but all the threads we have for Wise concern hospital car park parking (except one) so it would suggest a hospital car park.
    • Don't worry, a week and a half is fine, especially as you've already drafted a WS. However, we need to see everything as dx says in the post above.
    • This preliminary hearing has been allocated 20 minutes so it should be fairly simple. However, judges are always on the look-out to get cases settled and sometimes these things can mushroom unexpectedly, so I would take along all the paperwork in order and prepare too much rather than too little. For example, we have a recent case where someone went to a preliminary hearing but the judge was appalled by the parking company's case and put huge pressure on their solicitor to discontinue - which he did. I have personal experience of trotting along to a preliminary hearing, only for the judge to go ballistic at the other side's solicitor who promptly dropped the whole case against me. I suggest your Mum takes these notes along and refers to them when necessary.   1.  I sent Parking Eye a Subject Access Request on 03/07/2023.  After one calendar month they had not replied. 2.  Their failure caused me a great deal of distress.  I was desperately trying to prepare for a court case and I felt they were hiding information from me. 3.  However, I did not rush to court, I sent a Letter of Claim on 03/08/2023 giving them an extension.  Again they did not reply.  So I started this court case. 4.  Parking Eye insist I have proof of postage for everything I sent - and I do.  5.  Parking Eye eventually satisfied my Subject Access request at the end of August 2023.  I believe they put a false date on their letter to pretend to have satisfied the one-calendar month deadline.  I believe they will have no proof of postage. 6.  In April Parking Eye sent me a letter to try to settle the matter, which offered me nothing.  7.  Later I sent them a letter offering to settle and asking them to offer a serious amount, not nothing, but they did not reply. 8.  I would be willing to settle out of court, but not on the basis that they offer me nothing.  
    • That was the date the email was received from them
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      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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    • 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.
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      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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Mozstar vs Halifax ***SETTLED IN FULL***


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Hi everyone. I'm taking on 3 organisations at once so I apologise for cross posting this first message in the relevant 3 forums for speed.

 

I had already sent a prelim letter to the lovely folk at Halifax (as well as to Lloyds TSB and Capital One, whom I am also pursuing for the return of my money) before I discovered this wonderful forum - I had simply used the template to be found on the BBC website (has anybody got any comments on this template?).

 

I have since discovered the whole notion of charging interest on the amounts that were unlawfully taken from me and have decided that this would be a fair and proper route for me to take. I am therefore about to recalculate the amount which I will be demanding from them and intend to send a new prelim letter, once I have done a bit more reading up on the subject.

 

Do I need to refer to my previous letter in my second prelim letter ie. by saying something like "please disregard my previous correspondence" or "following my recent correspondence I have since discovered..."? Or just pretend I never sent it? What have other people done?

 

Anyway I'm really glad I found this forum, I look forward to following some of your threads and I wish you all good luck!

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  • 1 month later...

Well I've had a couple of bland 'we are investigating your complaint' letters from Halifax, and it's time I moved this on. I've decided to add on compound contractual interest at the unauthorised borrowing rate: can anyone please tell me what Halifax's current rate is for this? I'm no longer with them and I can't find it on their web site.

 

I was going to send the following letter, so if anyone has any comments or advice before I send it please let me know. Your help would be much appreciated! :-)

 

 

13/02/2007

 

Mr Stephen Childs

Senior Review Manager

Customer Relations

Halifax PLC

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

 

Letter Before Action

 

Regarding: Sort Code XX-XX-XX Account No. XXXXXXXX

 

Your Reference: XXXXXXXX

 

Dear Mr Childs,

Thankyou for your letter dated 30th January 2007, however I am very disappointed that you have not as yet given me a full response to my recent request sent to you on 29th December 2006 in which I asked for a full refund of the £120 penalty charges that have been unlawfully applied to the above named account.

I now understand that the regime of 'fees' that you applied to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. I would draw your attention to the terms of the contract that you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner that complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

Furthermore since my previous correspondence to you I now understand that I am also entitled to claim reciprocal contractual interest on the sums which you unlawfully debited from my account at your own unauthorised borrowing rate of X%. Therefore I now require you to repay to me the total amount of XXXX. I have included herewith a spreadsheet that details how I have calculated this amount.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Yours sincerely,

 

Mozstar

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OK well ironically a Michelle Dodd at the Halifax just phoned me and offered £90 of the £120 they owe me. I told her I wouldn't accept and that I would be prepared to go to court and I would be adding on interest. She then said that they wouldn't pay the interest but they would give me the full £120 to stop me going to court. I accepted at the time because this is the smallest of all the claims I have going and I figure it would be a lot of work for a smallish amount.

 

However I'm now thinking I should have held out for the full interest which I've just calculated and which more than doubles the claim - can I do this now that I have verbally accepted? Am I entitled to change my mind at this stage??

 

Your advice would be greatly appreciated! :?

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HI

 

You are not entitled to claim the interest until court action has begun - this is Statutory Interest and is, in fact, awarded only at the Court's discretion (although very, very likely).

 

As such, the offer of the full refund of charges is all that they should be offering you. Be happy that you don't have to go to court...

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Hi thanks for the reply - sorry I should have explained I meant contractual interest rather than statutory: do you think it's too late for me to change my mind about wanting to challenge them on this? I have only sent a prelim letter so far (which didn't include interest as I followed the BBC guidance and hadn't discovered this forum).

 

Don't get me wrong I am happy to have won my charges back, but considering the illegality of what they are doing I would be even happier to take them on for the extra interest.

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