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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
    • quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
    • If it doesn’t sell easily : what they can get at an auction becomes fair market price, which may not realise what you are hoping.
    • Thank you. The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why?  Fair market value seems to be ever shifting and contentious.
    • Hungary is attempting to be a world power in manufacturing electric vehicle batteries, despite locals' reservations.View the full article
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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.

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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.

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      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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Newbie v Barclays


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Hello all, my first posting! A big one too.

 

I have also received a defence from Barclays. In my case however, they state that my POC (which I filed on MoneyClaim Online) did not provide precise details of the charges. They further want me to prove each charge and date thereof. They then go on with the characteristic legalese defence of account charges as stipulated in their standard terms and conditions.

 

I did not send to Money Claim a list of charges I am reclaiming, but had written to Barclays a last letter of intention to sue and a spreadsheet of charges/dates, and Moneysavingexpert-generated interest charges total due.

 

Here is my POC as filed on Money Claim Online.

 

Between 05/02/2001 and 14/09/2006 the defendant applied numerous default charges to the claimant’s current bank account number xxxxxxxx. The charges applied constitute an unfair penalty under the Unfair Terms in Consumer Contracts Regulations. Under the County Courts Act 1984, the claimant is entitled to interest at a rate of 8% per annum from the date they were first deprived of the money to the date of this claim. The statutory daily rate is 0.021%. The claimant therefore asks the court to enter judgemnt in their favour for the sum of £745 plus interest of £232.32, amounting to a total of £977.32.

 

My questions are: Do I need to amend my POC? Do I need to submit my bank statements for these charges ?

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Hey Abuneri....am in exactly the same situation......i think they'll just look for any loophole, reason to defer, lengthen the process and weaken your resolve.......have the same questions in my head though.......

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  • 1 month later...

Sorry Newbie,

 

been terribly busy lately. An update on my case, I applied to court to amend my particulars of claim - cost me £35 and now have a court date late July. The court has asked for my bank statement, full list of charges with dates and case evidence/legislation relied on. I will send these on and wait for trial. I expect Barclays to settle at the last minute.

 

On the other hand the current case of Brennan v NatWest - in which Brennan is seeking exemplary damages for Natwest's bank charges, may force a full trial of the case resulting in a precedent case which - if in our favour - will force the banks to refund all the bank charges they have levied on customers.

 

So lets wait and see!

 

Cheers.

 

Abuneri

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