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    • Hi All I know this a long shot but ha anyone got any advice please? Nearly three years ago (maybe more) my ex took a contract out for a new phone for my birthday that I ended up paying the bills on (lovely present huh) I have always paid the bill for this. The phone number that I have had for most of my adult life was passed over to this contract and I am old now haha We are now divorced and have not been in contact  - he is abusive and I have nothing to do with him. I cannot enter into any dialogue with him whatsoever. I have continued with my phone contract and number etc but am stuck - I have no access to my bills even though they come out of my account - as the contract is in his name I cannot get a pac code to move therefore I will lose my number if I cancel- sky just quote data protection at me which I get but this is soooo frustrating!!!! I know that the sensible thing would have been to just l cancel the dd lose the number get another contract elsewhere and get over myself and move on but I am just asking out there as a final desperate attempt - can anything whatsoever be done??? Thank you in advance :)
    • What's your intent, or interest? I can't see that you have any cause of action regarding bills issued by one third party to another third party. Is the idea to use this as a lever "I'll denounce you to HMRC unless you do blah blah .." That might in fact have no teeth anyway, HMRC will aware of the company's turnover via their other tax affairs.  As a matter of fact a company buying VAT rated supplies and selling to VAT registered customers is actually worse off if not VAT registered themselves. Has your court case reached it's conclusion yet?
    • Hello, welcome to CAG.  I expect people will be along to advise later. We aren't here to mock, this is a serious forum. If you feel you're being picked on  report the relevant post to the site team.  Best, HB
    • no that is not a defence. because you don't have a photo
    • I purchased the vehicle using finance through motonovo under a HP 60 months agreement. I have now amended the document ensuring all is in black. Unfortunately, this email has now been sent. However, I have not sent a letter to big motoring world. Also, I have taken the section of the firealarm issue. I am struggling to convert to PDF. I am not tech savy at all. My mistake was that the the salesman was very fussy on a sale. We went down a quiet road for a little test drive and not for a lengthy road test. The water issue was not present at this moment of time. However, it only became prevalent after driving away, after all docs signed. I did stated to Audi I wanted a diagnostic report. However, they carried out an Audicam which is footage of the issue. Audi have diagnosed the issue as a common issue where coupes/cabriolets accumulate water in the seals. However, I did state beforehand for no issue to be rectified due to me wanting to reject the vehicle. I am awaiting a report from Audi through email from the branch manager in relation to the issue. The issue so far is the water still being present in the sills. Audi tried to fix the issue however the problem is still prevalent. Regards 
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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 
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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.
      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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Cheers Tilly.

 

How have you gotten on then? I was reading yours earlier, starting to know what you felt like, not even handed my papers in yet!!

 

I do have 1 question for someone that can answer it..

 

Nearly finished my 1st form, but what do i put in the bit i marked red? 8%?

 

he claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 21/04/04 to 22/06/07 of £161.82 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

 

Thanks

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sorry for being a bit dumb!

 

But

 

[(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)]

=

1441.00+161.95 interest x 0.00022 = 0.352649

Does that look correct? do i round this figure down or put the lot in?

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31p daily interest.

 

If you have an overdraft then its 35p

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31p daily interest.

 

If you have an overdraft then its 35p

 

I do have a small (£300) overdraft. But can i ask how you got 31/35p, only ask because i've got another form to fill out for my other acc!!!

 

Anyway, so now my form should look something like this...

 

Charges £1602.95

Overdraft Interest £161.95

Interest under s.69 County Courts Act 1984 £00.35

Court Fee £120.00

TOTAL £ 1722.95

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.35p per day OR at such rate and for such periods as the court deems just.

 

???

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if you dont have an overdraft just times your charges..

 

£1441.00 X 0.00022 = 31p

 

If you have an overdraft then you add the charges and interest

 

£1441.00 + £161.95 = £1602.95 Times this figure by 0.00022

 

£1602.95 X 0.00022 = 35p

 

I hope this is easy to understand. ;)

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didnt see you up there ssl soz:)

 

 

Thats ok Tilly, you were doing fine on your own..:D

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I'm REALLY sorry, but i still don't get the..

 

Interest under s.69 County Courts Act 1984 £xx.xx

 

Do i put .35p, presume i don't.....aaahh...i'm tooo tired, i can't think!!:?

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I realise it will ne 35p a day, but i don't know how many days it will take!

 

I Presume i'm looking at this wrong or have completly the wrong end of the stick!

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ooooh! i had the overdraft and the county courts ones mixed up!!

 

Charges £1602.95

Overdraft Interest £.

Interest under s.69 County Courts Act 1984 £161.95

Court Fee £120.00

TOTAL £ xx.xx

 

haha, so i now calculate my 35p a day for the amount of days since my 1st charge?!?!?!? that doesn't sound right! :confused:

 

Apologies everyone!:oops:

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RIGHT!

Hopefully this is it, but i think the bit i've marked in red is wrong!!:oops: (sorry)

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £1441.00 and any interest charged thereon;

b) Court costs (do i put £120 here or leave as is);

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 21/04/04 to 22/06/07 of £161.82 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 35p

 

so far so good?

 

Charges £1602.95

Overdraft Interest £404.60

Interest under s.69 County Courts Act 1984 £161.95

Court Fee £120.00

TOTAL £ 2289.50

 

You all have the patience of angels! well, unless you've all pulled your hair out already!

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Value:

Bank charges (and overdraft interest if claimed) - £1441.00

Data Protection Act Fee - £10.00 (if claimed)

S69 8% Interest - £161.95

Total of - £1612.95

Plus daily interest at 8% of £0.35p from the date of issue until settlement.

 

 

Amount claimed: Charges + Data Protection Act + s69 interest- £1612.95

Court fees: £XXX

Sols costs; None

 

Cheque payable to HMCS

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

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I didnt add your overdraft interest on. But you get the jist of of it.

HOW TO...DUMMIES GUIDE TO CAG...Read here

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

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  • 4 weeks later...

OK, It's been a while but here is my latest......

 

1. i still don't get the interest bit!

2. I couldn't afford to go to the court last month, so i've not done that yet.

 

on the 9th of July the bank offered me £1040.50 (as a good will gesture)

I called the bank to refuse this, they told me to leave money in the bank and not touch it (it was due in my account in 14 days). I told them that wasn't acceptable and not to put the money in my bank in the 1st place.

The letter was worded in a way that i was accepting there offer if the money went into my account.

18th July, i notice £720.50 had gone into my account. (cash). I called the bank to see if it was them that put it there. They said no. hhmm, i didn't believe them, i think they are trying to catch me out.

19th July. I notice they have paid £320.00 into my other account..Bas****s. I called them again and had a proper go and i'm waiting for someone to get back to me. (someone has been 'getting back to me' for 3 days now).

Oh, i have recorded the last 3 conversations with them. I have prove of them lying to me and messing me about. (yes i did tell them i was recording the call)

I get paid monday 23rd. Even if i'm skint for the month i'm taking the *&$%>£?'s to court!

 

I just need to look at that interest thing again and get my head round it. I can't afford to mess this up now.

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