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    • Thank you all for the responses, to answers a few questions  - she has had the car since Jan 23 on a 5 year term.  - She is unsure what the agreement is called, but at the end she has the option to make a payment to "buy" the car - she recieves benefits for her young children alongside the ssp (normally she would be on NLW for a 16 hr a week job)  - Yes she would like to keep the car  She has not responded to the last email from them asking her to call and it'll be followed up in an email. I told her to hold off until atleast Wednesday so I can read a few posts on here and get some more information.  I will ensure she follows up with a letter, that has not been signed but instead her name written.   Thank you  
    • Thanks @lookinforinfo I'll use that. @FTMDave Yep im going to do just that and calmly enjoy the process that follows.    Whats the deal with the quote thing? Is it causing an issue for the site or just an annoyance.
    • Hello, *posting on behalf of my friend, I'll provide as much info as possible*  During a pretty low point my friend moved into a social housing property, it was in a area with no family/friend connections so she started to look for a mutual exchange. She found one, signed the paper work and thought everything was okay.  She has now decided she does not want to go through with the mutual exchange. Is she legally allowed to pull out after signing the paperwork or does she have to commit to the move? Thank you,
    • Thats perfect as long as they go to my new address its all good. thanks again for the help
    • if the debts have not been sold on but only passed to the dca's to chase, then i doubt you'll ever get a letter of claim till it is sold on. OC's dont do court because of bad publicity .  if you've updated the address, then everything goes there from whomever. dx
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    • 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
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Paintball vs Capital One *WON*


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Prelim sent off today including CCI at 30.00% (average over 3 years) £820 charges plus £428.66 interest Total £1248.66

 

I'll see how long it takes to get a comedy letter ... and will it be from Mr Udy?

 

P:rolleyes:

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  • 3 weeks later...
  • 3 weeks later...

Great. . they may file a defence then pay up.. not long now. .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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In post today, second comedy letter from Mr UDY telling me that "we are confident our fees are both fair and legal" not confident enough to actually turn up in court though to defend them

 

He repeats his final offer and adds "I'm afraid we won't be refunding all of the fees as you've asked." He is a card isn't he!!

Included with this was a leaflet saying "Let us know when we make a mistake, nobody's perfect" I would have liked Cap One to have done the same for me, but they just slapped lots of rotten charges on instead!!

:rolleyes: just sitting here waiting 'til I get my money back

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The usual letter we all get. . just the waiting now...

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Good luck -- I'm just about to go down the same route myself!!!!

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Received 20 April: notice from court that Defendant filed an Acknowledgement of Service on 19 April.

 

Wendy Starr Legal Specialist for Cap One intends to defend all of my claim ...

 

Ha ha! 28 days and counting :p

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Nearly there Paintball ..

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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CCA requested, to strengthen my claim.

 

Aviator -

thank you your messages. Apart from the sound advice you give, I appreciate the fact that you read our updates and post messages of encouragement :)

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Paintball, watching your thread with interest, let us know if you get a defence sent to you.Capital One are fighting paying my CCI and have offered charges, 8% stat, all purchase interest paid on the account and court fee. Have rejected settlement. Today received defence from the court and an allocation questionnaire.http://www.consumeractiongroup.co.uk/forum/capital-one/59273-new-claim-another-capital.html

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Doo

 

Been keeping up with your claim and have just had another read through. As I see it and as you have pointed out, you have declined Cap One's offer and are pursuing CCI as a matter of 'mutuality and reciprocity' on their unauthorised (in point of fact unlawful) charges.

 

The judge will decide what rate of interest is paid out NOT Cap one but I don't see them pursuing your claim in Court ;)

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Paintball, you are right on the above postings, had they offered me my charges back at the beginning I would have obviously had to accept them, but it's now nearly 3 months since I started my claim (had to delay it as they had issued a default on my account and when I questioned it they promptly took it off but waited for confirmation from CRAs). They have had their time with all of us and pushed us all the way to court action, now I hope I do not appear as being greedy but it is now a matter of principle, and as court action has started I think it is now time for the court to decide.

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Paintball found this.After the AQ's have gone back, if/when the judge has agreed to the directions in the draft order you will then need to provide; a) Your schedule; b) Your statements showing the charges. Alternatively the list of charges which the bank provided under your S.A.R - (Subject Access Request); c) A statement of evidence - see post #55 below. d) All the statutues and case law on which your claim relies. Ie, UTCCR's, UCTA's, SOGA, case law, etc. You'll find all of this in the Basic Court Bundle.__________________

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sorry above is a bit messy to read for some reason it won't let me paragraph it - Oh have just seen on above posting you have found it too, not so bad is it, will keep this in mind. I like to be prepared, sounds like you do too, just like to get my head round everything so I am clear on my actions. Hopefull we won't need it lol

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  • 3 weeks later...

Hi folks

 

Haven't received anything from the Court regarding Cap One's defence. They have until 12 May ... I'll prob call court on that date to see if they have anything and take it from there.

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Hi Paintball, any day now, have just checked my hubby's claim with the court, he is 2 days behind you, they have till 14th but so far they have received nothing, as the lady in the court said, they leave it till the 11th hour.

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Funnily enough they are next on my list, they have just over a week left to supply statements, am not in a hurry though as I have 3 claims on the go at the moment so ideally would like to get rid of 1 or 2 (my crap one that's for sure) before embarking on Barclays.

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