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    • Hi All I know this a long shot but ha anyone got any advice please? Nearly three years ago (maybe more) my ex took a contract out for a new phone for my birthday that I ended up paying the bills on (lovely present huh) I have always paid the bill for this. The phone number that I have had for most of my adult life was passed over to this contract and I am old now haha We are now divorced and have not been in contact  - he is abusive and I have nothing to do with him. I cannot enter into any dialogue with him whatsoever. I have continued with my phone contract and number etc but am stuck - I have no access to my bills even though they come out of my account - as the contract is in his name I cannot get a pac code to move therefore I will lose my number if I cancel- sky just quote data protection at me which I get but this is soooo frustrating!!!! I know that the sensible thing would have been to just l cancel the dd lose the number get another contract elsewhere and get over myself and move on but I am just asking out there as a final desperate attempt - can anything whatsoever be done??? Thank you in advance :)
    • What's your intent, or interest? I can't see that you have any cause of action regarding bills issued by one third party to another third party. Is the idea to use this as a lever "I'll denounce you to HMRC unless you do blah blah .." That might in fact have no teeth anyway, HMRC will aware of the company's turnover via their other tax affairs.  As a matter of fact a company buying VAT rated supplies and selling to VAT registered customers is actually worse off if not VAT registered themselves. Has your court case reached it's conclusion yet?
    • Hello, welcome to CAG.  I expect people will be along to advise later. We aren't here to mock, this is a serious forum. If you feel you're being picked on  report the relevant post to the site team.  Best, HB
    • no that is not a defence. because you don't have a photo
    • I purchased the vehicle using finance through motonovo under a HP 60 months agreement. I have now amended the document ensuring all is in black. Unfortunately, this email has now been sent. However, I have not sent a letter to big motoring world. Also, I have taken the section of the firealarm issue. I am struggling to convert to PDF. I am not tech savy at all. My mistake was that the the salesman was very fussy on a sale. We went down a quiet road for a little test drive and not for a lengthy road test. The water issue was not present at this moment of time. However, it only became prevalent after driving away, after all docs signed. I did stated to Audi I wanted a diagnostic report. However, they carried out an Audicam which is footage of the issue. Audi have diagnosed the issue as a common issue where coupes/cabriolets accumulate water in the seals. However, I did state beforehand for no issue to be rectified due to me wanting to reject the vehicle. I am awaiting a report from Audi through email from the branch manager in relation to the issue. The issue so far is the water still being present in the sills. Audi tried to fix the issue however the problem is still prevalent. Regards 
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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.

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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.
      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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Phonesurgeon VS First Direct


Phonesurgeon
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Phonesurgeon

 

Have a look at how Bong represented interest on the N1 form - quite clever really...

 

He put his total in and simply said plus interest and then added the total plus interest at the end ond on his attached particulars of

 

http://www.consumeractiongroup.co.uk/forum/post-353001.html post 31 in Bong v HSBC

 

This is the text of one of Bong's post in his thread re: contractual interest:

 

"just one thing which may be of interest to others, there has been some debate in other threads about whether the contractual interest gets added onto the value section of the N1 form and therefore included for allocation and/or determination of the court fee.

 

I did some research of the CPR which indicated that for track allocation purposes the court disregards the interest claimed, but the court guidance notes for filling in the form are quite explicit in that interest should be included in the amount claimed box for the purposes of evaluating the court fee payable.

 

I decided to try my luck and on my form in the amount claimed box I wrote £2,805.53 plus interest, and the court clerk assessed the fee as being £120. If I had added on the contractual interest it would have come to £5,506 and the court fee would have been £250 I believe. No doubt I will hear from the court if someone else takes a look at the form in detail and re-assesses the court fee due."

Hope this helps Phonesurgeon - Good Luck :)

Claim against First Direct - WON - 29th March 2007

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*Correction"

 

Bong is a She not a He :) ...don't know why I keep mixing up her gender :confused: - must be cause She had the balls to see the whole thing through and win her claim and contractual interest :grin:

Claim against First Direct - WON - 29th March 2007

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UPDATE: AAAAAARRRRRRRGGGGGGGHHHHHHHHH

I received a letter for settlement from first direct refunding only the charges not the interest so i went to check my summary of charges and the calculations of interest i applied are somewhat erratical....

I MUST HAVE BEEN ON DRUNK OR ON DRUGS OR BOTH!

I do not use drugs but this is a major setback and collapse of my claim!

Please anyone help! Please?

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Need a bit more detail to give you some help although I do have a couple of questions.

 

Did you actually claim contractural interest and if so at what rate?

 

Are you sure that you haven't confused contractural interest with the interest that FD apply to your account for being overdrawn?

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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I ve confused the contractual interest with the interest FD applied to my overdraft.

They offered me the full amount of charges(£1187) but not the interest applied.

I ve decided to quit while ahead and accepted their offer on the clear understanding that they remove the default from my credit file and pay me by cheque and not transfer the money to their internal collection dept.

I ve learned a hard lesson here today and this will not happen again.

If FD do not comlpy then it will be court with statutory interest.

Lets see what happen next.

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  • 2 weeks later...

Update

FD did not follow through their GOOD WILL GESTURE...

So i am now preparing the court papers... i am old fashioned so i will be filing these papers into the actual court...

one thing i am doubious... the statutory interest calculated daily?????:???:

my claim is for £1209x(0.00022 as per the details in the template library)=0.26598

which means that from today until they settle i am adding 26 pences to the total for each and every day passed.

Is this correct? can anyone or one of the mods confirm?

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Guest ian cognito

Yes, I have used the template on here and just printed it double sided, used the companies expensive glossy paper but thats the only perk of the job!!

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Guest ian cognito

Their registered address is the HSBC one:

 

8 Canada Square

London

E14 5HQ

 

The company name is 'First Direct'

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