Jump to content


  • Tweets

  • Posts

    • You will probably get a couple more reminders followed by further demands fro unregulated debt collectors with even increasing amounts to pay. They are all designed to scare you into paying.  Don't. It's a scam site and they do not know who was driving and they know the keeper is not liable to pay the PCN. Also the shop was closed so they have no legitimate interest in keeping the car park clear. So to charge £100 is a penalty as there is no legitimate interest which means that the case would be thrown out if it went to Court.  Keep your money in your wallet and be prepared to ignore all their letters and threats. Doubtful they would go to Court since a lot more people would not pay when they heard  MET lost in Court. However they may just send you a Letter of Claim to test your resolve.  If yoy get one of those, come back to us and we will advise a snotty letter to send them.  You probably already have, but take a look through some of our past Met PCNs to see how they are doing.
    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
    • hi all just got the reminder letter, I have attached it and also the 2nd side of the original 1st pcn (i just saw the edit above) Look forward to your advice Thanks   PCN final reminder.pdf pcn original side 2.pdf
    • The airline said it was offering to pay $10,000 to those who sustained minor injuries.View the full article
    • The Senate Finance Committee wants answers from BMW over its use of banned Chinese components by 21 June.View the full article
  • Recommended Topics

  • Our picks

    • 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
        • Like
  • Recommended Topics

Smile issuing Gesture of Goodwill (GOGW) ***WON***


foxi
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6333 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi All,

 

Can anyone tell me whether a Gesture of Goodwill (GOGW) can be used as part settlement or is this something one can keep, as well as pursue a claim for your full unfair charges?? What shall I do.......... help! :confused:

 

Here's my story so far, I was offered a GOGW from Smile of £800 despite my total charges being £1150. In fact they put the money into my account without my knowledge and I didnt get a reply to my LBA. When I discovered the funds in my account I didnt know why they put this amount in the account with no explanation. I didnt get any correspondance in the form of a letter, phone call or secure message so

I put the £800 into another cooperative linked account but havent touched the money.... is this ok??

 

Anyway sent a template letter 'Response to their settlement offer' this morning stating that I only will accept the £800 as part payment on the understanding that I will recover the rest through a County court claim if necessay.

 

When I got home today ..low and behold they sent me a BACK DATED LETTER which didn't correspond with my LBA dates ( all very convenient ) Smile's letter says ...' £800 has been returned to your account as a GOGW and that they will not refund any interest according to their terms and conditions and that they wont refund any charges unless there's a bank error & giving me 30 days to close my account ( thats fine coz' I've another one - hee hee!!)

 

Can anyone give me some advice. Shall I send a secure message asap telling them to ignore the Response to settlement offer' letter and send another letter stating that I accept the GOGW but that they return all unlawful charges imposed on my account of £1150.???????

 

foxi :p:rolleyes:

Link to post
Share on other sites

Hi foxi,

 

I would allow the 'Response to their settlement offer' letter to proceed as your claim is ongoing until you receive the full refund. Do not let Smile bully you into submission, this is a dirty trick to make you feel that you should cut your losses imho.

 

In other words, it is irrelevant what they put in their letters, this is your claim and if you say you are claiming for interest and charges, then that is what you claim. Ignore their latest letter, keep the GOGW as part payment and continue your claim for the remainder.

 

Best of luck to you!

Lloyds: Started

SAR Sent & Received

Preliminary Sent

Stayed- Awaiting further developments with new test cases!

Mint C/Card: Started

SAR Sent & Received

Preliminary Sent

Stayed - Awaiting further developments with new test cases!

ENDEAVOUR PPI: Started

SAR Sent & Received

Gone pear shaped! See HERE

Link to post
Share on other sites

Hi foxi,

 

I would allow the 'Response to their settlement offer' letter to proceed as your claim is ongoing until you receive the full refund. Do not let Smile bully you into submission, this is a dirty trick to make you feel that you should cut your losses imho.

 

In other words, it is irrelevant what they put in their letters, this is your claim and if you say you are claiming for interest and charges, then that is what you claim. Ignore their latest letter, keep the GOGW as part payment and continue your claim for the remainder.

 

Best of luck to you!

Hi techtalkonline,

 

Im abit confused in a way, but the Response to settlement offer letter has gone now so I'll see what the outcome is anyway. I also put this thread in the cooperative bank section & had a different response to my situation from someone else called dx100uk stating ..'that every settled claim that has been made on here will be 'a goodwill gesture', the banks will never say 'here is the money back from illegal charges we have made on your A/C', if they did , they would be admitting they are wrong.i doubt they did send a back dated letter either. IF your outstanding money from them is now only the interest you added, then they are quite within their rights, so far only one claim has been paid where compounded and/or contractural interest has been claimed from start...'

I guess I'll need to do abit more reading but what do you make of the above?

 

foxi

Link to post
Share on other sites

Hi foxi,

 

Apologies for the late reply, been busy! I would PM a mod on here for further instructions if i were you. I am not an expert unfortunately, i just give my honest opinions as i see it.

 

However, despite what dx100uk has said, my original post stands. You are entitled to claim interest and court fee's along with all charges, so providing you are certain that your figures are correct, it is my opinion that you should proceed with your claim if you are prepared to fight it.

 

btw, i claimed interest from Smile and got it included in my refund ;)

Lloyds: Started

SAR Sent & Received

Preliminary Sent

Stayed- Awaiting further developments with new test cases!

Mint C/Card: Started

SAR Sent & Received

Preliminary Sent

Stayed - Awaiting further developments with new test cases!

ENDEAVOUR PPI: Started

SAR Sent & Received

Gone pear shaped! See HERE

Link to post
Share on other sites

  • 2 weeks later...
Hi foxi,

 

Apologies for the late reply, been busy! I would PM a mod on here for further instructions if i were you. I am not an expert unfortunately, i just give my honest opinions as i see it.

 

However, despite what dx100uk has said, my original post stands. You are entitled to claim interest and court fee's along with all charges, so providing you are certain that your figures are correct, it is my opinion that you should proceed with your claim if you are prepared to fight it.

 

btw, i claimed interest from Smile and got it included in my refund ;)

 

Hi techtalkonline,

 

I sent the LBA offer and hoped for the best... low and behold they coughed up the extra £371 in interest charges i'm realy SMILING today yipppppeeeeee.

 

Thanks for your support everyone

foxi

Link to post
Share on other sites

Hi techtalkonline,

 

I sent the LBA offer and hoped for the best... low and behold they coughed up the extra £371 in interest charges i'm realy SMILING today yipppppeeeeee.

 

Thanks for your support everyone

foxi

 

Well, that is just superb news!

 

Well done Foxi, i am so pleased for you. Don't forget to fill out the returned charges survey here:

 

Charges Returned Survey http://www.consumeractiongroup.co.uk/survey.php

 

Isn't it a great feeling when you see that cash given back to you by the banks! :D

Lloyds: Started

SAR Sent & Received

Preliminary Sent

Stayed- Awaiting further developments with new test cases!

Mint C/Card: Started

SAR Sent & Received

Preliminary Sent

Stayed - Awaiting further developments with new test cases!

ENDEAVOUR PPI: Started

SAR Sent & Received

Gone pear shaped! See HERE

Link to post
Share on other sites

Nice one foxi ... likewise they have paid up on a couple of my accounts ... one more to go :)

Wishing everyone success with their claim[s], myself included. As is the norm on the forum, do take note that my opinions are my own and based on my experiences ... for legal advice, you should always consult a registered and insured lawyer. [B][COLOR=Sienna]SMILE[/COLOR][/B] [B][COLOR=darkorange][/COLOR][/B][COLOR=darkorange][COLOR=darkorange][COLOR=darkorange][COLOR=darkorange][COLOR=#000000][COLOR=DarkOrange][B]Credit Card: [COLOR=Black]*** Settled in Full *** [COLOR=DarkOrange]Current Account 1: [COLOR=Black]*** Settled in Full ***[/COLOR] S.A.R. LBA: [/COLOR][/COLOR][/B][COLOR=Black][COLOR=DarkOrange][COLOR=Black]sent 26/01/2007[/COLOR][/COLOR][/COLOR][B][COLOR=Black][COLOR=DarkOrange] [/COLOR][/COLOR][/B][/COLOR] [B][COLOR=Sienna]CAHOOT [COLOR=DarkOrange]Prelim: [/COLOR][/COLOR][/B][COLOR=Sienna][COLOR=DarkOrange][COLOR=Black]sent 26/01/2007 for £848.01[/COLOR][/COLOR][/COLOR][B][COLOR=Sienna] [/COLOR][/B][/COLOR] [/COLOR][/COLOR][/COLOR][/COLOR]

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...