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    • It is important that you do the reading about this subject in the sub- forum. It's not complicated but you need to be in control and I don't think you are. For instance, much of the information you need and also the case transcripts that you're looking for are in the fixed topics at the top of this sub- forum but clearly you didn't know that. You will gain in confidence if you do the reading. Particularly as it now looks as if the mediation has not worked because EVRi have stayed you up and so you may now be going to trial. You need to understand thoroughly what you are doing. We will help you and you will find our support is unstinting but you have to do your part. Please spend a lot of time reading the stories on the sub- forum especially the pinned posts at the top of the sub- forum and then start preparing your court bundle. We have instructions here for everything
    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
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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 
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    • 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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Liasmum v HBos


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Phone customer relations again today and the woman tried to fob mr off saying that they are behing with sending out statements and they are dealing with ones from the end of march to the beginning of april. As i pointed out my letter got to them on 24 th march so surely i should have mine by now.Once again a request has been sent for me to get my statements so i now have to wait another 7 days to see if they arrive.I knew this was going to be hard grrrr.Lets hope all 3 requests dont arrive the same day lol.

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Hi, you are one of a minority of people who dont get the info in time, i wouldnt take it personally ;-)

Still there are no excuses and i would fire off a complaint to the information commisioner if you have not already done so.

I can only imagine how frustrated you must be, but on the + side, you have had some extra time to get your head around the next couple of stages.

HAve you got your prelim drafted? you should have that ready so you only have to fill in the figures when you get them.

Have you decided if you are claiming including contractual interest?

If so, you should have the idea behind it straight in your mind, it took me a while to get my head round it, but once i did i wished i'd used it for my initial claims!.

 

See, you have plenty to be doing while you are waiting ;-)

 

S

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Hello,

 

I have just joined CAG today. The story so far: Have sent letter to HBoS asking for statements (late March) and my cheque cleared my account on the 13th April. Sent them another letter today reminding them of my request and that they have until 23rd May (40 days from cheque being cashed)or i will be contacting the IC. I estimate that over 5 years ive paid ~£3000. A couple of questions:

1)Advice as to whether to stay Small Claims and go for only £750 or go higher for £1500. Obviously want as much as possible with minimum risk possible.

2)May sound stupid, but if staying Small Claims, is the £750 total or can i add the interest on to that figure?

 

Any advice or links would be most appreciated.

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Well i recieved my statements today.Wooohoo i thought. opened them and they are only from 2004.soooooooo on the phone i go again and the woman says i should have the other 3 years by the end of the week.I wont hold my breath mind.Mine came in 1 big envelope not loads like others have.They have till friday or bk on the phone i go.

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I assume it's your Halifax statements you've received then. It took them a few extra days to send out my BOS statements as the data is held somewhere else and takes longer to access. I phoned them when I received the Halifax ones and asked why I'd not got my statements back to 2002 as requested - that was the explanation they gave me.

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well i got all excited when the post came today.12 envelopes of statements i thought woooohoooooooooo. you wont believe this but its the 3 years i already have. so once again on the phone i go.:mad:

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ok been on phone.The reason i havent got the 3 years i need is cos they are bos ones and are on a diff system.2004 was the time when they merged with halifax. hes put a request in to the administration dept so i just need to sit and wait AGAIN.Grrrrrrrrrr lets hope all goes well this time.

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Hi Liasmum, Why don't you write to the ICO and complain about non compliance. I had to do this for my son. I also told the bank that I was doing this and before you know we had 2 lots of statements. My son's claim is over £3,000 so we are having to go down the FOS route and it was good to be able to put in the non compliance letter with our claim. Every little bit helps.

 

Eileen

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I wrote to them during the week lol.I got the rest of my statements this morning which are photocopies whi they guy yesterday told me he would get.Anyway im a bit puzzled cos in the same post i got a letter saying we are sorry to hear you are unhappy with our charges but we think they are fair blah blah.Bear in mind ive not written my first letter.My question is do i now go ahead with my LBA now.

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Hi Liasmum, definately go ahead with your LBA because you have to tell the bank how much exactly you are claiming. When the bank writes back with a no answer you can then go down either the court of fos route depending on what your balance is.

I have had to go down the fos route because of the size of the claim, but because the bank said no I included in my complaint my spreadsheet, my no letter from the bank and also the letter that I received from the IOC concerning the non arrival of my statements. All of these are good letters to back up your claim.

 

Eileen

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