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    • I have posted the letter off today - sent recorded delivery, so should get to the Police early next week. I also walked along the street where this happened and checked if there were any CCTV cameras or video door bells in that section of the road, but could only find one. I talked to the owners of the house with the camera but they say it is set to only cover the area leading up to the house and not really the pavement or road and footage also auto deletes after 72 hours, so anything captured would be gone now. That was disappointing. I walked along the road a bit more, but couldn't see any other video door bells or CCTV, so that didn't help.  I always thought most people have at least a video door bell these days but not in that road... 😐 So came home a bit disappointed.  If anything else happens I will post an update here, but may not be for a week or so. Not sure how long this will take now.
    • Hi all.   I've just cancelled my Virgin Media because my Wife and I are going abroad for 12 months or so. My Son will be staying in our home, and wishes to start a contract with them. He signed up to a great deal for New Customers online, and a Contract Agreement was signed online. He had a delivery date for a Self Installation Kit but it never arrived. After speaking to numerous Virgin Media Staff online, they are insisting that he calls their Pre Installation Team (I presume that is their sales Team to try and get more money). He doesn't want to speak to them over the phone. He doesn't mind doing a Live Chat, but he hasn't got an Account Number yet, so that's impossible. He even had a chat with a Team Member on Whatsapp, who say they don't have access to the information they need, so he has no option but to call them. Why can't they just be straightforward with their Communications? Is there any other option other than calling them?   TIA.
    • Hi All, I'm looking for help with a P2G claim for another lost parcel. Given the wealth of information on this site, I'm hopeful that this should be an easy one to fix, but want to be sure I have everything. On the 6th March, I contracted with P2G to send a parcel (a £600 Pioneer AVH-Z7200DAB car stereo which is not on either P2G or EVRi's excluded from compensation or prohibited items list) using EVRi, sent it off, and that was the last I heard of it. The EVRi tracking showed that the parcel had made it to the national sorting hub at 2:12 on the 7th, and then vanished. By Friday, I had started to get nervous, and so, raised an enquiry. And then another, and another - well, they weren't responding, and I couldn't get their telephone one to work, I think in all, it was more than 15 enquiries. I also raised an investigation with P2G as well. EVRi closed the enquiry confirming a loss on the 19th March, and P2G near the end, although P2G closed it claiming that I needed to send photos of the parcel as proof - which I didn't have, and I also do not have an account with P2G so couldn't upload anything (I did test, just in case), and this is why despite receiving advice on the EVRi Fb group to send the letter before claim, I haven't yet acted. I have proof of the eBay listing, and the refund, to demonstrate that which was being sent, but P2G's insistence that I have no photographic proof of the parcel with the label - I have the photo of the goods in their box before sending, but this is for the eBay listing, and so does not show it after the fact. This I fear is what P2G will seek to rely on as a defence, hence my 10 week delay on progressing with this. But, I am more than £600 out of pocket for the loss: £600 for the item and £8.04 for the delivery fee, although my claim will actually be for an initial £611.09 to cover the cost of the loss, their delivery fee, and my 1st Class Recorded stamp for the Letter Before Claim to P2G, rising to £681.09 to cover the additional £70 cost of opening the court case if they fail to respond within 14 days. This question mark surrounding P2G's request for photographic evidence, is this likely to cause me a problem? Steve
    • Had a letter response today dated 12/6/24 from PRA Group re request for information consumer credit act 1974. Confirming they are in receipt of my CCA letter request - and that they are requesting the required information. They returned the £1 postal order. And my CCA letter. Stating that they will contact me with an update ASAP. They attached/included a standard ( non personal ) page about ' what they should provide ' and ' what happens If I don't get this information'.    I need to file my defence by 21 June 24. Any suggestions as to what that defence should be ?   
    • Thanks @dx100uk for responding promptly.    To be quite honest with you, applying for breathing space might not really help except some short term relief. I don’t want to default either as I might lose my job too and I cannot really afford it. Sorry for sounding bit stupid but is there something I can do to stop them charging interest and agree on reduced payments? Can I use pro-rata payment letters to get out of this situation without too much impact? I am working on information that @BankFodderhas requested and will be sharing it later today.  
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      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.  

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      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.

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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.
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      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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passivenomore v lloyds tsb


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Right, here we go!

 

A little background info... I have been researching via moneysavingexpert and after weeks... nay months, have taken positive action. Being self employed, I have access to all my relevant bank statements, so set about recording all charges. Using MSE's interest calculator and 1st letter template, I have already sent this correspondance off.

 

After receiving the "on your bike" letter, I went back to MSE to make my next step. It was here that I came across references to CAG and came here!! Having read various threads, it seems I've made an error in including the interest in stage 1. :mad:

 

Also, as I didn't need to contact the bank for a list of charges, I haven't asked them to disclose whether they have entered any defaults on said account.

 

The first point, I think, about the interest is a minor error but should I retrosectively ask the bank to disclose any defaults through a SAR?

 

I have my "letter before action" ready and rearing to go!!

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Hi and Welcome!:)

Firstly no worries about including the interest in your first letter, there have been quite a few people that have come over from MSE (I love that site, but this is the best for bank charges) and done the same thing.

Not sure about the default thing, wouldn't you have had a letter if you had been defaulted??

Good luck, let us know how you get on.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Hi Barty... and thanks for the reply!!

 

I haven't had any letters from the bank regarding defaulting, so I'll assume I'm ok on that front! Unless I hear differently!

 

Thanks as well for putting my mind at ease over the interest bit. I agree MSE does good work, but will stick with CAG now!

 

Will of course update here as things progress.

 

Thanks... and good luck to you all. :)

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  • 4 weeks later...

Update...

 

Have received reply to my LBA. Basically, I have cocked up by quoting the Consumer Contracts Regulations. The reply states that these don't apply to me as I'm a business customer (even though I'm self employed and a sole trader, it is a business account).

 

I have come across various threads this morning stating that business a/c holders shouldn't quote the CCR, so I'm wondering whether to continue to court action stage or re-submit the LBA letter?

 

A lesson learnt... if you think you've done enough researching... do some more!!!

 

Any advice please???? :confused:

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  • 1 month later...

Just updating...

 

I have re-sent my LBA, taking the opertunity of revising the schedule of charges to go back to the opening of the account (Aug 1997).

 

Well worth doing as it covers a period of glandular fever, which hit me hard... but not as hard as the bank charges incurred!!!

 

Will make a reference here that I made an appointment to see bank manager at this time, who was extremely uncooperative and recommended I take out health insurance... horse - door - bolted?!?!?! That was the only way she was prepared to help me out.

 

Anyway, no reply to revised LBA, as yet, so I'm about to start the N1 claim. After recent events in Birmingham, I've been reading threads carefully, in order to understand and get things 100%.

 

Keep you posted...:)

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  • 2 weeks later...

Hi all...

 

I am about to fill out my N1. Hoping to do this tomorrow evening, in a view to taking it in to court on thursday.

 

I have noted that the preliminary letter template has been ammended to include a request for T&Cs, but the N1 template hasn't.

 

Should I hold off with the N1 until I have a copy of the original T&Cs?

 

I, as many others have been doing, have hunted high and low looking for my originals, but am sure they came off worse in a battle with my shredder some time ago!!

 

The best I can do, is the T&Cs from July 2003 (from Internet Archive Wayback Machine link). Can they be used in court, or will I have to wait for someone to find thiers and post them up?

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  • 3 weeks later...

Update...

 

Recieved a "notice that acknowledgement of service has been filed" letter from court today. SC&M are intending to defend. They have 28 days from "the date of service of the claim form" to file the defence. The "notice of issue" said that the claim was deemed to be served on 2nd June... is this the date that the 28 days starts from???

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  • 2 weeks later...

Update time!!!

 

Recieved Lloyds defence (via the court). I believe it to be the standard 9 point defence, mentioned on many threads here.

 

Here is a brief outline, courtesy of Lisam696969 (thanks!!):

 

1. The Claimant Has Been A Customer Of Bank At All Material Times

2. By Opening An A/c With Bank Enter Into A Commercial Agreement With Bank , Entitled To Charge For Banking Services By Using A/c Customer Acknowledges The Charges Are Incorporated Into A/c . Etc Etc.

3. By Maintaining The A/c In Credit Or Within Limt Set Can Avoid Any Or Most Charges . If Customer Fails To Ensure Sufficient Funds Then Making A Request To Borrow Banks Money .and Then Bank Provides A Service. Etc Etc

4. There Is No Breach Of Contract Etc Etc.

5. Given Advance Warning Of Any Charges And Letters Sent In Advance Etc Etc.

6.the Charges Are Fair And Reasonable And Not Unlawful.

7.customer Notified Of All Charges In Plain English At Hte Conclusion Of Contract And On Statements.for Service Provided Under Reg 6 Of Consumer Contracts Regulations Are Not Subject To Assesment Of Fairness.

8. Not Penaltys Or Damagesthey Are Charges

Entitled By Contract And Fair And Reasonable .

Denied That Unlawful Or Contravene Any Statute .

9.Claim Denied In Its Entirety And Not Entitled To Claim Anything.

 

There is no mention of AQs (allocation questionaire) in the covering letter, so am I correct in thinking that this is not going to be required, as seems to becoming the norm?

 

Also, I not from the defence that they have written nothing in relation to my claim being over 6 years. Is this a good sign?

 

:|

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Firstly... thanks nic for your reply. I really appreciate your input, especially as you spend so much time giving your advice and help to many, many others here... thanks!! :)

 

Also, a big hello to deep... ;) , who has subscribed to this thread. Feel free to join in (when you get back from your hols!!! :) ).

 

I got TWO letters from the court yesterday, both saying the same thing... the court have received my allocation questionaire and I now need to pay the fee of £100.

 

Somewhat startled, as I hadn't had any correspondance inviting me to send in a AQ, let alone sent one in!!!

 

Thinking that they have dispensed with the AQ and just not informed me, I went in there today and yes, AQ has been dispensed with.

 

I have printed out the draft order and covering letter here:

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

 

This will be sent off tomorrow... unless anyone thinks differently!!!! :)

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  • 2 weeks later...
  • 2 weeks later...

Hi Pandora... Hi Dee...

 

How lovely of you both to pop by!!! :D I trust you're both well.

 

No news here... STILL waiting for a court date... and impending application for a stay!!! It's been a while since I sent the Draft Order off to court, so I guess a call to the court will have to be made soon. Post Office strikes aren't helping... especially as my postman seems to be under the impression that he only has to work one day a week whilst it's ongoing!!!

 

On the other hand... my plans on claiming my business a/c charges are being brought forward. I was going to wait until the personall a/c had been settled before hitting them with the business, but with the possibility that it may well become drawn out, I thought sod it!!!

 

I'm currently working on adapted POC's and when they're ready "passive v LTSB business" will be launched to keep everyone updated!!!

 

Take care... and stay in touch!!! :-)

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  • 2 weeks later...

Hi Dee...

 

Spooky you should choose today to drop by again, as I was going to supply an update tonight!!!

 

I've not been around too much the last couple of weeks, so have some catching up to do!!

 

Anyway, I finally rang court today as I still hadn't been sent a court date. Apparently, Watford District Judges are taking it upon themselves to issue blanket stays to all claims until 31/3/08. I got the impression that they are not even waiting for the banks to request them. :-x

 

I'm a bit irritated as the N1 was filed so long ago, but kinda thought it would come to this. Obviously, there are templates here to oppose the stay, so I will go down that road when confirmation of the stay is received.

 

Regards the business claim, I have had a reply from photoman (re: POC), so hopefully, will be in a position to file claim soon.

 

Ps. Dee... will pop over to see how things are on your thread!!! :)

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