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    • Hi. I am reading through the full thread and will continue to research. I have come across a reference to a form called N180 DQ in the thread, but I cannot see any reference to this form in my case nor can I see it on the MoneyClaim website. Should I have been sent this form? Thanks 
    • 12mph (beyond any UK limit) will certainly qualify for a Fixed Penalty. So you should received an offer of a FP for each of the remaining two offences. Be sure to submit your licence details as instructed when you accept the offer. If you don't your £100 will be returned to you and the police will prosecute you in court.
    • and it will be also now written off under age related criteria anyway.
    • @dx100ukThanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe consequences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points? @Man in the middleI've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
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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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    • 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.
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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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AOL been taking from account


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AOL have been taking out payments off £15.99 per month for a service i do not use or have, it started with a free month trial ,wich i cancelled or thouht i had befor month ended. where i had given my card details i made sure i canceeld free trial,aol have been taking out payments from my card like a visa card payment over 2 years but when i speak to there call center ,they have no records off me having an acoount with them tried my home telephone number,card numbers and my name but cant find no record ,but have been taking out off my abbey card over 2 years lol . i spoke to one off aol people and have faxed a letter with my statements to prove that they have been taking money from account and they said they will investigate. still had no reply yet can anyone let me know if they have had this problem with AOL an how there delt with it thanks

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Hello nybnyb,

 

Do you know exactly how many payments, and how much in total they have taken? Can you prove when you cancelled the account?

 

If so, write to AOL and ask for it back. Give them 14 days. if still no joy, send a LBA!

 

Still no joy, then start a claim. You can now include the 8%.

 

 

Good luck, Jeff.

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Do an SAR immediately. Ask for all data which they hold on you.

If there is no evidence of an agreement then give them 14 days then sue them for the return of your money.

Don't waste time. Start now.

Make sure that the direct debit is cancelled

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Unfortunately it won't be a direct debit it will be one of these "rolling authorisations" against a credit card which can only be cancelled by AOL themselves or the bank can refuse them if you push them hard. AOL are well known for doing this; not only is it near impossible to remove their software effectively, it's near impossible to stop them taking money!

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Ask your bank to issue a new card, the details will be different, so they won't be able to us the card again.

 

Not so unfortunately. They will continue to take money from the old card and your bank will let them. It STINKS but that's the way it is.

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The reaason I suggested this was that I am with AOL and I lost my card two weeks ago and the bank issued me with a new one and I never thought I changing my AOL account then I had a message flash up to give them my new card details. My bank had refused payment on old card.

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The reaason I suggested this was that I am with AOL and I lost my card two weeks ago and the bank issued me with a new one and I never thought I changing my AOL account then I had a message flash up to give them my new card details. My bank had refused payment on old card.

 

Hi all,

 

 

I also had payment for Setanta declined by my bank. I thought it was very strange because there was plenty of cash in my account. When I contacted Setanta, they told me my card had expired and I needed to update details!

 

 

Jeff.

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You two were obviously lucky enough not to select the "rolling authorisation". I am aware of at least ten people who have fallen foul of this particular piece of financial nastiness and believe me it's hard to get out of...

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I have heard of AOL taking money from accounts, and i am sure that someone knows at AOL that this is happening, but will not do a damn thing.

A friend of mine who knows a PC engineer says that AOL as a programme can do harm to your computer, especially when trying to remove it!!. I would not touch AOL with a barge pole.

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A friend of mine who knows a PC engineer says that AOL as a programme can do harm to your computer, especially when trying to remove it!!. I would not touch AOL with a barge pole.

Totally agree. AOL = totally crap

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Not so unfortunately. They will continue to take money from the old card and your bank will let them. It STINKS but that's the way it is.

 

Blinking HELL !! :eek:

Does that mean account closure time ?:mad:

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Blinking HELL !! :eek:

Does that mean account closure time ?:mad:

 

Even THAT won't help. I know of two people whose credit card accounts were re-opened when AOL did their thing without the former account holder's knowledge or consent. They only knew when the CC provider started chasing them for payments. The ONLY way to effectively resolve these issues is to challenge the organisation taking the money; if necessary in court.

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The bank has a duty to accept and to act on your instructions.

If they say that they are unable to stop a rolling authorisation then what they are really saying is that it is custom and practice not to do so and that they are part of an industry agreement that these kind of authorisations will not be stopped.

 

However this cosy agreement puts them into conflict with you and as you are the customer and as they have a contract with you and as they have a duty to you, their duty to their industrial partners has to come second place.

 

i would suggest that you give them a clear written instruction not to make any further payments and that if they make a further payment that you issue an immediate claim for breach of contract.

 

Believe me, they will stop the payments.

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i would suggest that you give them a clear written instruction not to make any further payments and that if they make a further payment that you issue an immediate claim for breach of contract.

 

Good idea, but are we *entitled* to give them such an instruction which if not carried out would breach the contract ?:confused:

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Good idea, but are we *entitled* to give them such an instruction which if not carried out would breach the contract ?:confused:

 

You're their CUSTOMER - i.e. you're the other party in the contract! OF COURSE you're entitled to enforce their duty of care over your money! You're paying them money to provide "Banking Services" - which means protecting your money from unlawful removal by unspecified persons. The idea is, they provide a security framework which allows only people YOU authorise to remove your money. That's what Banking Services ARE!

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stone, when we questioned shabby on this one they used the "you the customer" gave permission for a rolling transaction and until this is stopped by aol we will carry on paying it.

 

Which is considerably at variance with their primary role of protecting your money - I would have challenged this decision vigorously. Am I as the customer not allowed then to change my mind about something? It's my bloody money and they will not pay it out without my authority - full stop. Had they continued to pay it out despite my clearly stated written instruction they would have been in court so fast their feet would have come off.

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Guest Bert52

Why did it take two years for the OP to discover they've had money taken from their account each month for 24 months?

 

Surely if AOL are taking money for that amount of time, without protest, then they continue unless otherwise stopped? What is so unreasonable about that?

 

Has the OP changed bank, address, reported the credit card lost etc in two years? Is informing your internet provider at the top of your priorities if some of these are the case?

 

:confused:

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You are entitled to give the instruction and to cancel it.

For instance, if they decided that you didn't have enough money in your account, they would soon stop making the payments, wouldn't they.

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