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    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
    • I've looked at your case specifically more.   Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place" Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place
    • New rules and higher rates resulted in a jump in the number of savers opening accounts at the start of this year's Isa season.View the full article
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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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Tom Brennan v NatWest - This is a must-read!!!


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But that wasn't the judges was it. Amongst other things evidence was found to have been witheld

 

As I recall it was judges who released them

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Please don't tar all Judges with the same brush. Remember the number of times they have whenever possible come down on the side of the consumer in this matter.

 

Clearly there ARE some unworldly judges for want of a better word but believe me when I say most judges DO know what is going on & are not one bit pleased. Also be assured that in most cases their ire is not directed at the consumer

 

I agree Pliny. Not all Judges are of the Establishment mould. Some are independent and some even have a care for justice. But to bend the system to one's outcome, all it takes is to ensure that a given judge is given a given case. That's a given, I imagine?

 

Shoestring

The more I read this site, the more congratulations I want to heap on CAG for the invaluable service they are performing. Bravo!

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Another thought.

 

Judges are meant to be rich and who do rich people bank with?

 

Coutts

 

Who owns Coutts?

 

Nat West

 

I rest my case

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Judges should be like football refs-unbiased and impartial!!!

 

Snigger.

 

I take it you are referring to Italian refs in particular?

 

What happens in Rome (match fixing) happens elsewhere in Europe, I shouldn't wonder.

 

Shoestring

The more I read this site, the more congratulations I want to heap on CAG for the invaluable service they are performing. Bravo!

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Having an account at Coutts (or not) does not imply a prejudice on the part of a Judge. If someone were to be "knobbled" it would not work along those lines.

 

Give credit where subtlety is due, please...

 

Shoestring

The more I read this site, the more congratulations I want to heap on CAG for the invaluable service they are performing. Bravo!

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I think the main reason the judge did'nt take too well to TB's case was simply that to rule against the bank would be so hugely controversial and

would potentialy cost the banks zillions

 

Toms view is that m'learned just wants to get through a couple more quite cases awake before he retires - on a very agreeable pension no doubt.

 

We just gotta hope the appeal judge is on the right side of seventy.

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I disagree CRFX, the judge will look at all the arguments placed in front of him and all precedents. It is very, very important to remember that what TB is doing is attempting to claim exemplary damages and that this is not a standard reclaim of bank charges. The crux of this is that the banks offered far more than the original claim in settlement and this was rejected as TB did not accept them putting money into his account without his knowledge. TB rejects this as more or less unlawful settlement without negotiation and I would totally agree with him. This case will actually have very little relevance unless TB wins the claim for exemplary damages. If he does then the floodgates open. If he does not and the banks have STILL failed to disclose their actual costs then as far as I am concerned it is BUSINESS AS USUAL in reclaiming unlawful charges. Sorry if i am teaching you to suck eggs CRFX, this is just my standpoint and opinion.

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That's alright mate. Everyone's got their own take on this. I just think it's

not that easy for the judge to rule in Toms favour and as this is unchartered waters as far as bank charges go, It's how he chooses to interpret the law.

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Never ascribe to malice that which is adequately explained by incompetence

-- Napoleon I

 

Maybe the judge has been got at, or maybe he made an error of judgment. (Pun intended? I can barely tell myself ...)

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Never ascribe to malice that which is adequately explained by incompetence

- Napoleon I

 

Never ascribe to imcompetence that which can be ascribed to greed and vanity!

Shoestring

The more I read this site, the more congratulations I want to heap on CAG for the invaluable service they are performing. Bravo!

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Just looked at Tom's website, looks like an ideal launch pad for a petition or for rallying the troops to me, whatever way it goes.

 

The banks are in a lose, lose.

 

Over the last 18 months, peoples perception of them has changed completely. They are no longer the trustable institution that they used to be. You hear of little old ladies with bundles of cash in the house because they don't trust the banks. Did they know something we didn't?

 

My Grandfather always said "Never make an enemy of the Banks" but never expanded.

 

Whatever the decision here, I for one will fight on, and believe the damage (exposure) has already been done. Power to the internet and communication of the many.

 

I'm now on my 27th telly. Every time I see that Howard and his showgirls wanting to give me extra, whatever I'm holding goes through the screen. Good job Tesco are doing cheap portables.

 

Anyone need any remotes?

 

Tide

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Quote 'My Grandfather always said "Never make an enemy of the Banks" but never expanded.'

 

Try ' Never make an enemy of the people'

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GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Please don't tar all Judges with the same brush. Remember the number of times they have whenever possible come down on the side of the consumer in this matter.

 

Clearly there ARE some unworldly judges for want of a better word but believe me when I say most judges DO know what is going on & are not one bit pleased. Also be assured that in most cases their ire is not directed at the consumer

 

I agree with Pliny here, the Judge that I got at Telford Crown Court couldnt have been nicer. He did not seem frustrated at anything and agreed that what I said with regards to my claim was exactly right.

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If people are so worried about judges and have a lack of faith in the judicial process then why are we even here guys? We are here as there has never been a precedent set. Stay on track, TB is claiming something different to our normal claims. I for one never thought I had a leg to stand on before falling into CAG. Now am here oh my god what a wealth of information in all subjects. I had it pointed out to me yesterday that I have been with CAG three months now, how time flies eh! Maybe that's why my mrs isnt speaking to me lol it's so bloody addictive. So far I have had two DCA removed from my life due to info here. Sill ongoing with bank charges but ho hum that will be a winner. I also have a biggy that am awaiting return of sar on. One member on here knows how much it could be worth and lemme tell you it would BJ any previous claim on CAG. CAG is amazing but we aren't right all the time. Our opinions are just that, opinions. Keep on track guys and don't confuse TB's claim with our normal ones as we are not seeking exemplary damages, but if TB wins and I hope he does then thanks Tom for opening the floodgates.

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If people are so worried about judges and have a lack of faith in the judicial process then why are we even here guys? We are here as there has never been a precedent set. Stay on track,

 

Yes, but it pays to be forewarned about what can happen and what, I think, will eventually happen. Ignorance is no defence and it, therefore, behooves us to temper our hopes with a degree of phlegmatic thinking.

 

Currently, the volume of claims and payouts doesn't even begin to match the money the banks have spun out of unlawful charges over the last decade and more. They'll take some hits but they'll not repay (they can't) anywhere near the $22 billion odd that is estimated they've creamed in.

 

So, sooner or later the party is going to come to an end.

 

Shoestring

 

PS - this analysis is obviously contingent upon there continuing to be a growing number of people claiming through the small claims court system and there is no way to know or guess if this volume of claims will continue.

The more I read this site, the more congratulations I want to heap on CAG for the invaluable service they are performing. Bravo!

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TB's now joined the site and will be posting a lot more stuff this week.

 

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/94184-thank-you-all-you.html

 

It appears we'll have to wait a bit longer for the judgement in his case.

After an exausting couple of days ripping Toms case apart, m'learned

took a well earned holiday and is expected to return today, if he can manage it.

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