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    • Checking hi-tech with low tech - Wales leading the way Growing Mid Wales, an organisation set up to bring together the private and public sectors alongside the Welsh Government, has launched a mobile mapping project to track areas of poor mobile phone signal Powys and Ceredigion. They will be using bin lorries which have signal detection equipment installed, and thus able to create a comprehensive map of mobile 'not-spots' in the area, since those vehicles will be visiting just about every property in the area on their usual rounds. Just a moment... WWW.THINKBROADBAND.COM  
    • Hi there   thank you for the reply. No, it's not a silly question at all. I am convinced I didn't hit anything with my car. I was going very slowly and it was the guy standing next to his lorry in the road who punched and kicked my car as I went by. It's cause I saw him do it in the mirror.  I initially thought he did it because he thought I was passing him maybe too closely whilst he was messing around with his lorry ?  That's why I stopped and got out and asked what he thought he was doing hitting my car. He then just hurled abuse at me. Not making any accusations such 'you hit me' 'you hit my lorry' or you did this or that. He just swore and shouted at me. At which point I said I would be making a complaint to his company for his threatening behaviour and vandalism for punching my car. I went to my car , got my phone to take a photo of his number plate but then he came towards me again and I thought if he now hits me I am going to come second. I am a woman in her mid 50s travelling on her own and this guy looked like a Millwall football supporter (short, rotund, skin head) so I decided to leave this situation. I got back in my car closed the door and drove off before he could reach me.  I later checked my phone and noticed the photo was too blurred, as I turned and rushed back to my car too quickly before the camera could focus. So I thought it was pointless making a complaint as the guy couldn't be traced anyway, so I forgot all about it until yesterday. But this is all I can think of, it must have to do with this incident as it is in the same street.   
    • Please read the following thread very carefully. It is extremely relevant where you are suing Evri on the basis of a contract which you originally made with Packlink who are domiciled in Spain. A judgement has been obtained and we have applied for transcript and it will be put up on this thread as soon as we receive it probably about the end of July. In the meanwhile, read this thread, see what has been discovered about the Packlink/Evri/customer relationship and look at the witness statement very carefully. It's a long thread but don't give up. Once you have the transcript of the judgement, then I will do a more careful and explanatory post here   https://www.consumeractiongroup.co.uk/topic/459707-evri-lost-my-ebay-parcel-£844-court-claim-issued-judgment/
    • So if the breach occurred say Dec 2017 (first missed payment) and the default notice was issued Sept 2018 and the claim was issued 7th June 24 the claimant will of course be arguing it is within the limitation period (by 3 months)
  • 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.

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      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
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Funboy V Capitol One


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Hi all

 

After my recent success against yorkshire bank i have decided to pursue capitol one for 6 years worth of charges....my preliminary letter will be in the post on monday , I'm claiming back £693

 

 

 

wish me luck :rolleyes:

and when he gets to heaven

to saint peter he will tell

one more soldier reporting sir

i've served my time in hell

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  • 3 weeks later...

hi all

 

I recieved a letter from the ever busy mr udy . he states that as a matter of goodwill they have reduced the fees they have added to my account to £12 each ..the total refund is £222 ...without seeking my agreement they have used the money to bring my credit card balance to zero and are sending me a cheque for the remainder which is £28.73....any advice on how to procedd would be very welcome as i'm unsure if i can now pursue the claim

 

thanks in advance

and when he gets to heaven

to saint peter he will tell

one more soldier reporting sir

i've served my time in hell

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Hi Funboy, Mr. Udy offered me £364 of charges, they owe me £994 so he got a rejection letter today.

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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did he pay off your credit card with the money he offered ?

and when he gets to heaven

to saint peter he will tell

one more soldier reporting sir

i've served my time in hell

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I have already sues Capital One and won, they always followthe same route, they will make a small payment into your account, YOU MUST accept as a partial payment only. Send your letter before action taking off the the money received, then when the time is up, you must stick to your time timetable and isse a MCOL or a N1 claim against them. They will acknowledge and then they will file a defence at the last possible moment, and then promptly settle within the next couple of days. That has been my experience alond with many others. Do not be put off by their letters or even their defence, there is substance to them.

Good luck

DS

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thanks silverstein thats a great help....ok one letter of rejection coming right up :p

 

it will be in the post monday morning

and when he gets to heaven

to saint peter he will tell

one more soldier reporting sir

i've served my time in hell

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  • 3 weeks later...

well my LBA has gone unacknowledged so now i'm going to move onto issuing a MCOL but i'm unsure of the wording when issuing one to a credit card company

 

any advice is most welcome

and when he gets to heaven

to saint peter he will tell

one more soldier reporting sir

i've served my time in hell

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Funboy

 

I filed an N1 as I felt happier going in to my local court and talking to a real person about the paperwork and paying my court fee in cash over the counter. They also gave me a number to ring if I had any questions which was comforting.

 

There are a couple of good threads here that give details on what to include in your POC (Brad vs Cap One, I think?) I'll have another look for you ...

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Thanks for all the advice .

MCOL has just been issued...its probably going to be viewed as rank cheek that i paid the fee on my capitol one card :lol:

and when he gets to heaven

to saint peter he will tell

one more soldier reporting sir

i've served my time in hell

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  • 3 weeks later...

well i recently issued my MCOL ..now capitol one have until may 19th to respond..knowing my luck they will try to defend

and when he gets to heaven

to saint peter he will tell

one more soldier reporting sir

i've served my time in hell

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Cap One will put in a defence and promptly pay out, well that is what they did for me and many others on this site. Unless they have changed their stance since January this year. I would imagine that you will be paid in the next week or so. Check your balance on your card on a regular basis as they will probably slip it in there and the letter will then follow. In my case the letter came a few days after the money was placed in my account.

Keep us advised!

DS

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well fingers crossed on that score that the mysterious mr udy smiles on me :grin:

and when he gets to heaven

to saint peter he will tell

one more soldier reporting sir

i've served my time in hell

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Unless they have changed their stance since January this year. ...

DS

 

 

Well they hadn't changed up until the beginning of April this year - this is exactly what happened to me.

 

GG

Capital One: S.A.R - (Subject Access Request) 14 Nov 06, Prelim 8 Dec 06, LBA 10 Jan 07, MCOL 1 Mar 07. Settled in full 2 Apr 07. :)

HSBC: Prelim 27 Feb 07, LBA 10 Apr 2007, Received offer 25 Apr 07. Rejected 2nd May 07. Received new offer 22 May 2007. Accepted 22 May 2007. Settled.

Barclaycard: SAR 2nd May 2007.

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recieved notification that capitol one have filed a defence.....looks like this is going to go right to the deadline before i get a settlement :(

and when he gets to heaven

to saint peter he will tell

one more soldier reporting sir

i've served my time in hell

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Hi

Once they file their defence on the last day! by the deadline you should also receive payment. This is how it was for me at the beginning of this year. When you say they will take it to the line, this is what Barclays, Abbey etc do down to trial date. My thoughts are that they will pay fairly quickly and you are now on the home run.Just keep on checking you Capital One balance on that deadline, so if it is 14 days for them to file that defence you should be paid out arround that time.

Good Luck

DS.

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  • 2 weeks later...

well capitol one have filed a defense so it looks like i should get paid out soon with any luck , dont like to count my chickens though

and when he gets to heaven

to saint peter he will tell

one more soldier reporting sir

i've served my time in hell

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Fun boy , I am one day ahead of you, papers served on the 8th May and defence lodged on the 11th. Nice bank holiday weekend coming up , heres hoping:) .On reading threads it seems to be a 21 day turnaround from serving to full offer.

Also when cap one agree to pay out , could anyone let me know how long it has taken them to get the funds back on their card? Thanks. (I am just over my limit but am refusing to pay until this is settled)

 

Oh and DOO any sign of your cheque yet? Well done.

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