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    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
    • The streaming giant also said it added 9.3 million subscribers in the first three months of the year.View the full article
  • 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

Preparing court bundle *** WON ***


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Hi,

 

I started my claim end of Oct 06 and I'm currently awaiting a court date !!!

My local court verbally advised that my case was with the judge and a court date should be set soon !!

 

I expect to have to go to court and obviously have the defence, QA and details of my charges - is there anything else I would need to take on the day ? (if it does get to court)

 

Thank you

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Hi persian

 

Without prejudice letters should not be included in a bundle - nor letters that were a direct response to these.

 

Shell12 - you need to start your own thread otherwise we will not be able to track your progress - click >>>HERE

..

.

 

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 Jonni,When I got the stupid offer, I didn't know without prejudise meant I couldnt show it to the court, anyway the court has a copy of the letter and a copy of my refusal, I hope the court will exuse me, I wont put it in the bundle,but I might take it along just in case.

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Hi, Persian

 

re your AQ problem and the 'experts' - what EXACTLY did the letter from the Court say?

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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You need not be concerned are experts, this is just something that the court include (note it is in brackets) it covers for when experts are appointed, which they usually are not with these bank charge claims.

 

Are you okay with preparing your bundle and when does it need to be in by?

If I have been helpful please click on my star and add a comment.

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Hi, Persian

 

Don't worry about he expert's report. With any luck, you didn't tick 'yes' to 'are you calling any expert witnesses', coz you aren't!

 

All the info you need is in the court bundle, which you can find here (http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html).

 

Scroll down to the bottom of Bookworm's frame and you'll see it as a zip-file download. click it and - hey presto! - it will download onto your computer. You will then have the unbounded joy of printing off three copies - one each for you, them and the court.

 

BUT - don't do the printing just yet. Famliarise yourself with the contents - the case law is especially groovy - and identify and highlight the bits you may wish to use.

 

What will you use it for?

 

Probably to help other people on this site, because the chances of you actually going to court are pretty low. But it's nice to know your stuff, anyway.

 

Other bits you may wish to include in your bundle file are Sir Fred Goodwins evidence to the House select Committee and a transcript of Peter McNamara on the Money Programme. They're both around somewhere.

 

Hope that helps

 

W

  • Haha 3

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Guido - you beat me to it by two minutes!

 

that's coz I can't use one word where 10 will do just as well.

 

;)

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Hi Westy - yours is a bit of a story, must be bedtime - making me sleepy....

 

When I feel like it I can get carried away, I go on forever too, in particular when I am having a go at someone who clearly has not read the FAQ or when they use template letters from elsewhere, because they say they are better.

 

Anyway, I look forward to some missives from you on my NatWest thread that you are keeping an eye on for me.

If I have been helpful please click on my star and add a comment.

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Thanks both of you, I do not have a scanner and was too lazy to photo copy A/Q, I am certain I didn't tick the box, and probably worrying over nothing. I am going to have to fork out for a scanner tomorrow, 10p a photo copy soon mounts up, not to mention I'll be there till next year.

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Excuse me GuidoT, I've read and read until I cant sleep without dreaming of bank charges, or using words like disproportunate, I have to look up what most of the good words mean. I'm buying a scanner tomorrow to complete my bundle, has to be in by 14 March,should have it ready and posted by Tuesday

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I would also advise you complete a Witness Statement - examples can be found HERE

 

Don't worry about references in the posts to the Draft Order - just concentrate on the Witness Statement examples.

..

.

 

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,

Court date received - 13th April in Manchester County court !!

 

Can I send a CPR part 18 request to Natwest ? - Hoping by doing so that my claim might be settled earlier and won't get to court.

 

Going to start my court bundle tomorrow anyway as it looks like it's gonner take a while - but will be well worth every min !

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Hi, Shell

 

A CPR Part 18 request is not normal in the Small Claims Court.

 

How much are you claiming? What's happened in your claim so far?

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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You can if you like, but they wont answer any questions.Only the court can make you/them answer cpr 18,so unless the judge orders you or them to do so you'd be wasting your time in my opinion.If you followed the advise given by CAG in you POC you have already asked for disclosure and that should be enough. Get your court bundle ready and send it off, that'll show them your prepared, settlement cheque will follow, maybe even before you submit your bundle, lots of media coverage on unfair bank charges right now.I understand banks are settling quicker.Good luck.

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You can if you like, but they wont answer any questions.Only the court can make you/them answer cpr 18,so unless the judge orders you or them to do so you'd be wasting your time in my opinion.If you followed the advise given by CAG in you POC you have already asked for disclosure and that should be enough. Get your court bundle ready and send it off, that'll show them your prepared, settlement cheque will follow, maybe even before you submit your bundle, lots of media coverage on unfair bank charges right now.I understand banks are settling quicker.Good luck.

 

Hi, Persian

 

You're right in a way - rather than answer questions, they will settle.

 

A CPR Part 18 request is not only possible, it is essential in fast track and multitrack - there's no getting away from it there. Hence I asked what size the claim is.

 

The court ordered disclosure by March 9 in my case: I sent a CPR Part 18 request on the 7th Feb, with a deadline of 21 Feb. It was on that very day that I got my cheque - so definitely not a waste of time, in my opinion.

 

But I agree about preparing the bundle. If they hadn't settle that the order application may not have made it through before the disclosure deadline. Just shows - I should have sent it earlier!!

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Hi Westy

Imagine me giving advise, just a few weeks ago I was sooooooo timid. Now I'm a little tiger.

 

Aren't you, just!:D

 

W

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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