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    • Hope I'm posting in the correct forum. I am confused about procedure regarding going to civil court next week. The claimant (Erudio/Drydens) responded to my defense but I did not realise that I have to respond back.  I'd be grateful if you could answer:  Was I supposed to send them my updated defence and when?  If I ask the court to do it now,, if they agree, can I just send it to the court or must I also send it to Drydens?  I spoke to the court helpline and the lady said I can submit evidence even if it's a bit late (to go with my defence) so I've done that - I emailed it only to the court. I'm wondering if I need to submit this evidence to Drydens as well? THis is the situation;  I have a civil court case with Erudio/Drydens regarding a pre-1998 student loan. The amount is "£2500. I did not defer as I didn't get the forms. My argument was that they mismanaged my account as they did not send me annual statements (I have proof - 2018 remediation pack) so I believe the same happened with the forms. I was eligible to defer and only three years away from 50 so no reason not to. I have not moved. I've submitted my defence in July 2019 after which the case was stayed. But as I failed to communicate with them to settle the matter (I didn't know I had to reply to their offers to settle as I did not think what they were offering was fair) so they have filed an Application in Sept 2023 to lift the stay and a week ago I received a pack in the post with the court date which is next week. The package arrived 6 working days before the hearing, not seven as it says in the rules. Drydens then sent me the same package in the post four working days before the hearing with a letter saying they are waiting for the Order to be lifted.  I didn't realise that I can amend my defence based on their reply to my defence. I thought the court was again going to send me a form to do that, like they did the first time.  I'm basically clueless and have no money for a legal representation as I'm not working at the moment.  Any help would be much appreciated!
    • Is elphicke still with labour or has she jumped into the frankly far more apt 'reformatory yet? Sure that her move is just intended to destabilise Sunack for the poopy right   I hear rumors Boris and Doris have tested the water through proxies - not sure if its true - and they probably happy to (are?) chance-it with all/any
    • HB - they don't ask why. Karalius - just note these dates on the form and you'll be safe, they will not fix the hearing date when you're away. How to fill in the DQ/N180 is on just about every claim form thread here, such as Andy's post 81 here  https://www.consumeractiongroup.co.uk/topic/458783-parkingeye-anpr-pcn-paploc-now-claimform-new-directions-holdings-lambourne-crescent-llanishen-cardiff-cf14-5gl-claim-discontinued/page/4/#comments  
    • I woke up to images all over the internet this morning and was left gutted i'd missed it. (North west England). Could it happen again tonight?  
  • Our picks

    • 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.

      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
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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.
      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
        • Like

I am currently not smiling**He is now!!! WON**


hillie41
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Hi

 

I am just starting the process of claiming bank charges from Smile bank and decided to join the community. I have read lots of the success stories as well as advice and am hopeful.

 

I just wanted to say that I have felt really guilty for mismanaging my money for a long time fighting overdraft limits, etc. mainly due to punitive charges (even though I was usually trying to recover from banks taking money in charges that they wouldn't have allowed me as an overdraft!) and am just getting to the understanding that it wasn't just me - thanks to people like you guys ... phew!

 

So thanks for your support already and hope to have good news eventually

 

Cheers

hillie41

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Hillie,

 

I was the same, I used to be embarrassed about my account and the way I coudnt handle it.But reading some of the stories in here there are countless people all in the same boat as us, some a lot worse. It realy cheers me up reading all the sucess stories, the more the merrier.

 

Best wishes with your claim.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thank you for your messages of encouragement - it's amazing how many people there are who have been treated badly by their banks. I will keep the forum posted on how I get on.

Cheers

hillie41

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Hi, I've just joined up and this is fantastic! I am not smiling but grinning from ear to ear now that I have a way of making my bank see sense, I was thrust into a charges spiral when a certain company who lets you cash pre-dated cheques got their dates wrong and started cashing them before the agreed date. HARUMPH! So a long and arduous battle with that company started, which I won eventually but my bank would not accept that it was the cheque company's fault and slapped on £30-35 each time I went just even a penny over my overdraft limit........which then led me into further debt. I was sinking fast and my salary got swallowed up each month. I took out a loan in desperation to give myself some breathing space and get back in the black. This was 5 years ago and after a long period of illness, I felt like screaming, I have worked all my life, played the game as you are led to believe you are supposed to, i.e. by the rules but the experience left me cynical, bitter and extremely angry........ I got over it in time but now that there's an opportunity to get the banks to reimburse me for those disgustingly unfair charges.... I am happily skipping off to the post box with my letter to reclaim them!

Ta-Dah!

Step aside Goliath, many Davids are on to you!

Thank goodness for sites like this.

Keep up the good work folks and remember.... don't let the bullies get you down.

Don't get mad....... get even!

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Hi, me too, just put a claim into LTSB for over £6k, up this point i also felt very bad about how I managed my account, but when you need a little help thats just when the banks decided to dump the charges on you and the snowball begins.

Good luck

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  • 3 weeks later...

Well, I wrote the first letter to Smile to ask for past statements and instead got a printout of past charges. I then wrote the next letter asking for them to repay the charges and I just logged onto my bank account and they have just credited most of the amount I claimed to my account - £945.00 - in less than 2 weeks since sending letter requesting charges refund. I haven't had a letter from them yet and don't know if they are going to close my account (although I don't have any reason to think that they will), but it would seem that they have acted well. I am more than happy with this refund.

 

I have completed the survey and made a donation and just want to thank everyone who contributes to this site for giving me, who had little confidence in being able to get any £s back, the courage to go for it.

 

When you've been talked down to by financial institutions for years, you do get to the stage when you believe that you are rubbish at managing money. I realise now that, while I may not have been the best at trying to manage a very tight budget, I didn't deserve to have this made so much more difficult by having my budget made so much smaller all the time.

 

Cheers :-D

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