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    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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    • Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant is an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
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    • 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 
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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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Looks like they are trying to look good to the FOS by way of part payment, this wont work they will need to pay up or show their costings to justify such a charge, keep at em.

 

From what I understand, the FOS will look at the issue of what steps everyone has taken to reach a resolution before you went to them with your complaint.

 

You might want to consider being reasonable back to the bank, thanking them but referring to the impact on you and yours. If you have faced any difficulties with them ie delays or that incident on Friday, then put that in the letter to the bank. The FOS will then see that and wonder what has been happening. Might work to your advantage when FOS considering the case.

 

The above quote from Bigmac seems spot on to me!!

 

Other comments??

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Hi Kenny

 

I think I understand where you are coming from, this would be great in an ideal world, where institutions have morals and values, but this is not the case. Don't you think at some point while accruing these charges people have not tried to appeal to their banks to be reasonable through these difficult times, it more often than not did not work, I find it funny that we now have to try to be reasonable to the bank in the one case where we get to hold them accountable for their actions. We have afforded them the chance to be reasonable, with prelim letter and LBA's but they still refuse to relent and fight all the way.

 

I have let the FOS know, that the bank did not listen to my appeals for help and infact offered me a loan to pay off my bank charges (some of which were accrued because I could not work due to a debilitating illness), these approaches from me and their offers of loans should be on my files that the bank have and should be forwarded to the FOS, if in an ideal world the bank would let them have them, but that would mean that they could be fully investigated, so they wont be reasonable!

 

With no disrepect intended your post seems a bit naive.

 

Linda

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Hi There Linda, hope all well.:)

 

 

You don't have to do anything and you don't have to be reasonable to the banks!!. You don't need to be reasonable to anyone except yourself and those important to you.

 

I wouldn't expect you to be reasonable to the banks , don't want you to be and I won't be either. I am on your side, we're, in a way, all in this together. Thats what the community is about. In fact, the banks are going to find that I am a not very reasonable type of person, but only in my dealings with them, and until I've got my cheques back.

 

What I was trying to say was that the Bank appears to be trying to put on a reasonable face, possibly for the benefit of the FOS, grasping at straws effecctively as they know they have a fight on. All I was suggesting was that we play them at their own game as we are smarter than them and use it to advantage. They are all running around in a panic. Appear nice to them when we are in fact kicking them where it hurts. Its always nicer that way!!!

 

My experience at the Banks hands, staring down the barrel, is based on many years of them not listening to me and inflicting further damage through refusing to listen and as you say, offering further loans, consolidation etc. It sounds as if you have been through the mill, I know I have. If I was to be frank and say what I think of the financial institutions in plain language I would be barred from the site. I have the scars to prove it.;)

 

What happened in the bank that Friday struck a cord with me and I related to that. It had visions of Dickensian times and shows that some things never really change. (I am now aware that incident related to someone else, but you will have a similar experience). That was no way to treat anyone, and it was disgusting. But then, we know that they don't care, we're not humans, according to them, with feelings and they have the nice corporate frontage, with smiling staff controlled by procedure, profits and computers.

 

My own impression of scouring other threads related to FOS is that they look at what steps have taken place to reach a settlement. That knowledge is limited however as the FOS route is fairly new and there are not many posts on here that demonstrate what happens at FOS. The FOS route is something I am seriously considering.

 

When I said "consider being reasonable back to the bank" it was meant in the manner of be seen to be reasonable, ie play them at their own game. It was just meant as, be devious, leave a footprint and give the impression of being reasonable, which could be demonstrated to your benefit when the FOS invetigates. It was never meant to mean- be reasonable. Of course not!

 

My professional background has in the past included complaints handling, systems/ procedures, quality and accreditation. I have dealt with LA omdubsman service, frequently over years, although not recently. I was putting myself into the role of an FSO and looking at how he would view a case. I know they adhere to the regs, etc. What I had suggested to you was that by writing to the bank and refusing their offers you mention what happened that particular Friday. It demonstrates how incredibly insensitive they are. The FOS will have all of the financial details, but they have not had the personal side slammed down their throat. Be cute about things, that's my way, but with purpose and attitude- working to the agenda. The FOS would then have that vision of you in front of him, only you can give him that vision.

 

I hate them, don't trust them and now that I don't owe them a penny, I want to get them big style because they never treated me as human and cost me big style over many many years.

 

I really hope that this goes well for you.

Sincere best of luck, the Smiling Assasin!!:)

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Hi there lol114 great post.

 

Banks dont care why or how no funds were available for that returned D/D or S/O or how you will feed your family when they have removed most of your wages through their charging regime, they show no remorse or understanding of your situation only that their profits are soaring nearer that target they have to meet. I have been in this position and been told well you should be more carefull with your finances bye, and that gets your blood boiling, tell them what these charges are doing to you (WASTE OF TIME.)

When i joined CAG it was to understand the whole situation regarding charges when i did i felt cheated and angry towards the banks for all the troubled times my family has had to endure and being told to manage our finances better. It is the banks who are in the wrong and as you start to understand more about it you think of all the times the bank has left you high and dry, the strain and the pressures this puts on you and your family.

 

TREAT THE BANKS AS THEY HAVE TREATED YOU OVER THE YEARS.

 

The 8 weeks the banks have to investigate your complaint is set by the FSA and if they dont reply within this timescale then i personally DONT CARE, i wouldnt give them a day longer and no one would expect you too so continue to the FOS when their time is up.

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Hi BigMac

 

Thanks for your words of encouragement. My philosophy in life is treat people the way you want to be treated, and if they dont reciprocate - stuff them..... No more Miss Nice Girl!

 

Linda

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Hi Lol,

 

I am also going down the FOS route with the BOS and I received a reply from the FOS stating that because the bank did not tell me to go to the FOS within the six months period, all that the FOS have done is to send all my papers to the bank and ask them to look again at my claim.

The bank has 8 weeks to reply to me and if again they say no, then the FOS will intervene. ( I think)

It seems that everyone is getting different answers from the FOS depending on their correspondance from they're bank.

My bank said that they where declining my claim, so what I cannot understand, is that as far as I was concerned the bank was giving me a final NO.

Hopefully the bank will come back with an offer and it will all be finished with.

 

Stick to your guns and hopefully you will have a result soon.

 

Lol Eileen:)

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  • 2 weeks later...

Hi all

 

I have today phoned the FOS regarding my claim to find out whether Lloyds have replied to their last letter, they haven't. I then asked if the FOS put a limit on when the should reply by, and was told no, not really.

So now I'm fuming, still dragging their heels. I am considering phoning the bank and complaining, but unsure which number to phone - Andover? or whether to phone at all.

 

Any advice welcome.

 

Linda

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Hi Bigmac

 

Ohhhhh.. I hate it when your right! LOL! Just venting some frustration, I can see the winning post. Your right, so far the FOS have been really good, and the girl did say the minute they get anything from the bank, they don't sit on it, they send us details immediately.

 

So I guess it's just a waiting game.... not very good at waiting!

 

Linda

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Hi there lol114 great post.

 

Banks dont care why or how no funds were available for that returned D/D or S/O or how you will feed your family when they have removed most of your wages through their charging regime, they show no remorse or understanding of your situation only that their profits are soaring nearer that target they have to meet. I have been in this position and been told well you should be more carefull with your finances bye, and that gets your blood boiling, tell them what these charges are doing to you (WASTE OF TIME.)

When i joined CAG it was to understand the whole situation regarding charges when i did i felt cheated and angry towards the banks for all the troubled times my family has had to endure and being told to manage our finances better. It is the banks who are in the wrong and as you start to understand more about it you think of all the times the bank has left you high and dry, the strain and the pressures this puts on you and your family.

 

TREAT THE BANKS AS THEY HAVE TREATED YOU OVER THE YEARS.

 

The 8 weeks the banks have to investigate your complaint is set by the FSA and if they dont reply within this timescale then i personally DONT CARE, i wouldnt give them a day longer and no one would expect you too so continue to the FOS when their time is up.

 

Bigmac:

You have put into words the feelings of many of us here.

 

:cool: Thank you for that! :cool:

 

LOL114:

Any updates yet?

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Hi Everyone

 

I have today recieved a letter from the FOS stating that the bank will settle my claim BUT minus the interest, at £1000 odd, well I'm not having that, have winged at letter back to the FOS asking for the interest and not accepting their final offer.

 

Anything else I could do, please advise.

 

Linda

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Awaiting the FOS response to that - with INTEREST!

 

;) LOL ;)

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Hi

 

I'm not sure I'll get the interest, but I have to try as it is a lot of money, and it may make us on this site understand what the FOS can do and what they can't. To be honest, I was thinking of taking just the charges refund as there is something important I wish to do with it and could do with the money now for that purpose, but in the end I thought it was important to hold them accountable for the interest on this money, so I'll

have to employ more patience in awaiting their response, if I didn't ask I would always wonder whether I would have got it.

 

Linda

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Hi lol,

 

I am waiting with bated breath for your reply from the fos as my interest is just slightly less than yours. I personally think that the banks are just trying it on with us. Why shouldn't we get the interest as they are giving interest to nearly everyone else.

I think that the banks just have to try and reduce the amount somehow, because they are just typically tight fisted people, they hate to give money away but are quite happy to take our money.

 

Good luck.

 

Eileen

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lol114 hi there after reading your latest i would tend to agree with you but remember this.

 

The FOS are now being swamped with complaints and only start an official complaint after the bank refuse to settle to your request, this costs the bank £400 when they officially start to investigate so the banks really want to avoid all this. The FOS obviously dont want the complaints to go down that route due to workload but hey THATS THEIR LOOKOUT, we only want what is fair and the banks had their 8 weeks to settle and didnt so why should WE accept their offer now.

Personally i would contact the bank by phone and reitterate that you are not accepting this offer as it has no interest and that if it is not offered in full then you will return to the FOS again.

Im not saying this will work but it has to be worth a shot as the banks do not want an investigation and the £400 fee then have to pay you anyway. The banks are once again trying to reduce their payouts and will only keep doing these charges only offers if people accept them.

Good luck and keep us updated.

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Hi All

 

I have received a reply from the FOS, it says this matter is now being passed to an adjudicator.

 

Anyone out there able to shed some light on this, what is exactly is the script now.

 

 

Linda

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Hi Linda

 

This is good progress!

 

From what I gather on other threads, the FOS are inundated with cases since this route was first discussed on CAG.

The adjudicator will be your contact with the bank. Remember the FOS have an excellent success rate. Might take some time from the posts I have read but they will be thorough and you will get your money!! You may well get the money direct before then. Heres hoping!

 

Good luck, it won't be long!

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  • 1 month later...

Hi all

 

Have you seen the news, and the above post. Well, this is a bolt out of the blue, there has been no hint of this happening and I find it highly suspicious.

 

 

Linda

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Hi Lol,

 

Did you ever receive an offer from your bank.

I should have received an offer from my bank any day now, now I know why they haven't written. They knew that this case was in the offing.

I think that by reading all the other threads that the fos is also suspending all they're cases. Crappy or what.

 

Eileen

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Hi Eileen

 

Yes I did receive an offer from bank through FOS but without the interest, and I requested the interest.

 

I did feel a little bit of regret, but i have to believe everything will work out alright in the end, I feel we have right on our side.

 

I thought that money was gone, and I have not yet lost hope.

 

lets keep fighting.

 

Linda

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Hi everyone

 

Just thinking over today's announcement. Do you think it is likely that they will decide that, like credit cards they will set a charge of £12. If this is this case then surely, we could claim back charges for the life of our banks accounts instead of 5/6 years period, and they would have to give us it voluntarily instead of us having to go to court, FOS etc.

 

Just wondering.

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