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    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
    • President Ruto says Kenyans pay less tax than citizens in some other African countries.View the full article
    • As PM Sunak really showed his true colours at the D Day Commemorations by doing what? Oh I am the British PM lets just leave early I have better things to do and as he is called out on disrespecting all those veterans that served our country for the freedoms we have today he gives a groveling apology to little to late. He knew about this event for a long time and also knew that this is probably the last D Day Commemoration due to the age of those Veterans who gave so much for there countries freedom. Even on the day of the D Day Commemoration he still could have changed his plans As PM and stayed but choose not to showing such DISRESPECT to those Veterans, those that lost there lives and Families for the Freedoms we have today Being a Veteran myself I have never known a PM to show such disrespect what the hell was he thinking SHAME ON YOU PM SUNAK  
    • Thanks. We'll try to help over the weekend. If the hearing is on 05/07 then it's 90% sure that the deadline for filing your WS is 21/06.
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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 
      • 81 replies
    • 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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Yosemite v Yorkshire Bank ***WON***


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Still nothing from YB has anyone got any earlier T & C's I only have 2006 just in case I have to go to the hearing on Friday. I am sending the non compliance letter to the Court tomorrow with a copy to YB re non receipt of their bundle. Starting to feel nervous now as Court date is looming.

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Have allocation form to fill in happy with everything except do I send in a directions motion to judge re strike out of Yorkshire defence they say its penalty etc laso claiming beyond 6 years so have to use limitaion act any help links etc would be helpful as dont know if I should do directions to judge or if i should what I put in bearing in mind their own system with charges an dthe fact they ar edefending in court recently please help Regards Gary

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Use the guide to completing the Allocation Questionnaire in the Bank Templates Library, including the draft directions.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks for the support. Still nothing in the post. I am starting to feel nervous at the prospect of going to Court on Friday, but have started to read through the guidance notes and re-reading all the info in my court bundle. Will definitely be glad when it is all over.

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Hi Yosemite

Have the YB filed there Court Bundle. If not your cheque must be on the way. Why do they let things go this far when they know they are going to settle, just shows what they are like to deal with. Anyway wont be much longer just keep positive.

 

regards Ragger

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Yosemite

On the the bright side it wont be long before the Y/B have to show what they are all about after the Hull hearing, but cant see that

happening, maybe then the Courts will act and put an end to all the the time wasting tactics the banks use, we live in hope.

Ragger

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Yip hopefully that will help:D

 

Hang in there Yosemite your near the end and so close to getting your money back. CB are experts at hanging on till the last and have even claimed cases have been settled when appearing at court just within the last day or so when the claimant hasnt had any payment.

In the post on Friday or at the court steps its still on its way.

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ADVICE NEEDED. Today I rang the Court to see if YB had submitted their bundle. I was informed that they had not submitted a bundle but they had received a letter from them today stating that they were settling and that I would receive the money within 10 days. They did not confirm the amount. When I got home tonight there was a card from Royal Mail who had tried to deliver a special delivery letter. I cannot get this until tomorrow morning now. If this does not contain the cheque for the full amount or there is no cheque at all what do I do. As I am going on holiday on Sunday as a safeguard presumably it is best to turn up to the hearing on Friday.

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Help!! I have today received a cheque for YB as an ex gratia payment. They have deducted all the debit interest which amounts to approx £700 The letter says WITHOUT PREJUDICE SAVE AS TO COSTS. They have sent a note of discontinuance to the court and they are saying that by accepting this offer it is in full and final settlement. They say if the offer is not accepted they will refer the court to this letter when deciding the costs to be awared in the case. Attention is drawn to leaflet EX307(no leaflet enclosed) entitled small claims track. They are asking me to cancel the hearing tomorrow. Should I accept this and can I do so in partial payment. Can I also apply for wasted costs.

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Don't panic Yosemite. Can you explain a bit more about the debit interest. You should have been claiming the part of the interest that related to charges. We need to check your spreadsheet, but my first thought is that it looks like you might need to be prepared to go to court tomorrow. We can make sure you are ready for that.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks for getting back to me. Its really difficult because I am at work at the moment but basically my claim was £2443.22 Charges and Debit Interest plus interest £668.25 Plus court costs £220 = £3332.11. YB offer

Charges £2032.62 Interest £446.25 Court costs £220 = £2698.97. I have checked spreadsheets returned by YB and debit interest totals £436.55. I have checked this and £345.34 relates to when I have exceeded my overdraft limit. They have adjusted the interest by £287.80 which seems alot for the sum of £436.55.They also ignored the accured daily interest which is approx £90.00 up to tomorrow. Could I accept the amount sent as partial payment and inform them I will be attending the hearing unless I receive the difference. I am worried that the judge will take a dim view if I refuse their offer and do not want to come away with nothing. I also would like to claim wasted costs as I have spent so much time preparing. Your advice is much appreciated.

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I firmly believe that you should not rush a decision on this, and that you should go to court tomorrow to get this sorted with the judge. YB have been unreasonable leaving payment until the last second, and then not paying the full amount.

 

The fact that they have not submitted a bundle, or defended any cases in court suggests that they never intended to go to court, and they've put you in a difficult situation. I believe that they have been entirely unreasonable, and that you should tell the court that settlement has not been reached.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Yosemite I have PM'd you. By the way, take a wasted costs order with you tomorrow and ask the judge to consider it. Also take a list of YB and CB cases from the litigation section of cases that they have settled before court.

 

You should not accept a part settlement, especially as I assume that they suggest that accepting it means you accept it as full and final settlement. They're taking the proverbial. Don't let them intimidate you. You have done all you can, and been entirely reasonable throughout, and the judge will see from your prelim and LBA that court was a last resort for you.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Well, how did it go?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Come on Yosemite. I'm on tenterhooks here. I just tried to phone you and your mobile is switched off. Surely you aren't still in court!:eek:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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