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    • Your page numbers should run through your WX and exhibits so im concerned its page x of 9.
    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
    • UK travellers have been turned away at airports because their passports are not valid for EU travel.View the full article
    • i think theres been MORE than amble evidence of that and am astonished that criminal proceedings haven't begun.
    • Yep, those 'requirements' not met to shareholders satisfaction seem to me to be: 1. Not being allowed to increase customer bills by 40% (of which well over 50% of the new total would NOT be investment) 2. 1 plus regulators not agreeing to letting them do 'things in their own time (ie carry on regardless)
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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.

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      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.
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      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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lesley. V. A&L **WON**


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can they take the money from my husbands account to repay my one

 

No, they can't - even if he's named on a joint account with you. Have a look at this page, which should help explain:

banking: firms' right of 'set off'

 

can they close my account while money is still going into this account. this would cost me my benifit if they do that.

 

They could do - however they'd be acting unfairly & in a punitive & retaliatory manner (and that applies whether or not you're receiving benefits). If they do that, then you can make a complaint to the Financial Ombudsman Service - have a look at this thread too:

http://www.consumeractiongroup.co.uk/forum/general/63646-alliance-leicester-fined-fos.html

 

In any event, this is why we recommend you open a "parachute" account with another bank that's there to switch to if they do close your account. You wouldn't lose your benefits in that case, as you'd just notify whichever benefit agency that you've changed banks.

 

do i send a letter to A&L stateing that i am in a litigation with them and that a copy of this letter will be added to my court bundel.

 

Yes, you tell them that the account is subject to litigation, quote the case number, and that the amount should be classed as disputed - this should stop them taking recovery action. However, it's probably a lot less hassle to pay in £50 to shut them up - or even more if you have it, so that you don't incur further charges. Then, when all this is done, you can launch a new claim for the charges incurred since the last one of your existing claim.

 

Cheers

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

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well i recieved al letter today from wragge & co. this is what the letter said.

 

WITHOUT PREJUDICE.

 

We have been instructed by our client to offer £1597.50 which includes the court fee of £120 in full and final settlement of your claim

 

If you wish to accept this settlement offer, please ler us know by 4pm on the 6th july 2007, and we will then contact our client to credit your account accordingly.

 

we look forward to hearing from you.

 

your faithfully wragge&co.

 

 

one thing that was the original request and full total including interest. but this does not include court fees. But even so it is a good offer and one i am thinking of taking. I will be ringing wragge & co on monday morning. will let you all know of the out come.

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Lesley are you saying (presumablythey did not provide a breakdown ) that they have included the 8% S69 but not the court fee - or by coincidence are the court fee and 8% about the same - so it is actually the court fee and not the S69 8%??

 

I do not expect it adds up at all as we know they can not use a calculator!!

 

Or maybe they have deducted £4.50 from each charge and included the 8% and court fee. ?????

 

I am interested as it might help with my negotiations.

 

 

(See my last post today)

 

 

 

jansus:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi Jansus.

Firstly i havent got a clue. how they have worked it out. all i do know is that my end total would of been about £200 more. so i was happy when i recieved that letter. as it was worth losing the court fees to get the big amount back.

 

good luck with your claim and i really hope you win

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well today i have rang the court first. as asked for advice. i was told that my judgement was infront of the district judge. i then explained i had recieved a offer from wragge & co for the above amount. the court then adviced me not to stop the court hearing. but to tell the solicitors that once the money was in my account then i would ring and also write to the court to stop any further action.

 

I then rang wragge & co.. spoke to hina. the solicitor dealing with my claim. i told her i would except the offer made but was not stopping the court hearing until the money was in my account. where she explained it would be in my account within 48 hours. i also told her. that i had put in for a judgement. and told her that a copy of the letter was in the post for her files. she then asked me ( when is the court date ?) so i told her.. friday 13th july 07 at 2pm.

 

so all i can do now is sit and wait for the money to go into my account.

 

The i am going to hit them with the second claim. Immediately. as that is in the hundreds also.

 

will let you all know whe the settlement arrives.

 

keep up the good fight. and good luck to everyone.

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DONT BELIEVE ALL THAT YOU ARE TOLD !!!!!!

 

 

 

 

well folks it isnt all GOOD NEWS.... i was told by wragge & co that i would recieve the money within 48 hours. that was on the 2nd July...well having checked my bank account this evening again still NO money has been debit by A&L.. that is now 3 DAYS in the waiting. so i am ringing wragge & co to find out what is going on. ALSO.........

 

I recieved a letter from the court this morning, i have to pay £65 for my judgement. more money that needs to be paid out... but at present the court date still stands for the 13th July at 2pm. and i will still attend the hearing date and time if no money has been recieved.

 

speak soon and keep fighting......

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So few cases have actually got to court Lesh ... I'm pretty sure something will happen before Friday, though best to be prepared of course.:rolleyes:

 

Keep us informed.

 

Mimi

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Wragge &co Asking If I Would Except Thier Offer. I Then Expalined Them I Already Had Excepted And That Was A Week Ago But Their Wasnt Any Money Paid In To My Account.. I Was Then Told They Were Going To Instruck Their Cliant And Make It Urgent. ...within One Hour I Checked My Bank Account And Guess What !!! The Money Was Their..

 

Now I Am Going For The Second Lot They Owe Me !!

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CONGRATULATIONS..!!!

 

That is fantastic, Well done.

 

They got there in the end. :D :D

 

Dont forget to do the survey

http://www.consumeractiongroup.co.uk/survey.php

 

And maybe a donation..???;)

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

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EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Lesley, that's great news, so pleased for youicon10.gif It also eases my mind a little with court date looming:shock:

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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WELL DONE - CONGRATULATIONS :D

JAN

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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do i us this thread to carry on with my second claim or start another thread.. ??

 

also. do i send exactly the same letters second time around as the first time around ?

 

and thanks everyone i couldnt have done it with out all of your help. :D

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I would start new thread then mods can move this one to successes section :D

 

Im interested to see how you go on 2nd claim as i also will be starting a secondary claim against A+L when i finish with my court date on ! August.

***************************************

Feels like a lost little girl x

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