Jump to content


  • Tweets

  • Posts

    • Ok so we have complained to HMRC but were still no further forward with getting the P45/P60. We need this as DVLA has said they need more proof of who he is before giving him a provisional license.  What more can l do. 
    • Hi All   just looking for some advice. I bought a used Porsche Boxster from one of Marshall motor group’s Audi dealers (can I name them?) recently and was assured that it received a major service in October 2020 in line with the manufacturers requirements. The service book confirms this. The dealer also told me on the phone that they have a 6 month rule with any mot or service being done if due within this period which assured me when making an offer over the phone on the car that it wouldn’t need anything doing for a while as I recall saying that.   However, digging through the receipts post delivery I saw that the service was in fact minor and after calling the specialist who serviced it in Oct both they (Sheepishly) and the invoice confirmed that the car did not receive new spark plugs, an air filter, brake fluid replacement or a new fan belt which have now all fallen due and hence the major service due warning light. Had I not investigated this then the car would have potentially gone another 4 years, so 8 in total without some of these items being done.   i emailed the salesman to ask what they would propose to do. The matter is complicated by my living 450 miles away in Scotland, and 200 from their nearest branch, a Mercedes dealer in the Lake District, so I suggested getting my cheapest local specialist to do the works that have fallen due, however I have received no response.   Whilst I am still within my 30 days i don’t want to reject the car, which is otherwise perfect, but the fact remains that the Audi 150 point check only asks for upcoming mot’s to be checked and not services and surely you wouldn’t buy an approved used car and expect to have the service light come on 2 weeks later and have to spend almost £500 putting it right.   i would really appreciate some advice on next steps and perhaps who to escalate this to. Meantime the car is booked in for 2 weeks time to get the work done at the cheapest reputable place I could find.   Many, many thanks in advance
    • They haven't complied with PoFA as far as keeper liability is concerned. This part of what the NTK should say  " warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given— (i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Instead they just said this.........................so absolutely there was no notice of them transferring the liability from the driver to the keeper.                                                  "
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4701 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 173
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Go to consumer forum basic page - go down you will see a section in RED litigation section

 

click on here

 

then you can choose all the banks or just A&L

 

then you will get a list of cases and numbers that have been settled after court cases launced but before hearings.

 

We should al fill these in otherwise they are not up to date - but it will give a picture to back up your case anyway.

 

Also if you go to BBC there is a financial section with lots of reports about the banks cases - especially where A&L have had their hands slapped - I will send some if you cant find them - not needed for stay appeal - but may be useful if you get hearing.

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

Thanks for that Jan ive pm you back regarding another question. Do you happen to know the e mail address and contact name for a&l? and also should i e mail the name of the person at wragges that signed their defence papers even though she was a trainee?

Link to post
Share on other sites

With regards to Wragges

 

the last letter I had before all the stays had an email address at the bottom near the signature - so I used that - I would say email the last person who sent you a letter and ask for a receipt of the email.Or email the general Wragge email and put the case number as the subject.

 

I would suggest something like :

 

I refer to case no xxxxx between xxxxx and A&L

 

this email is just to confirm that I am appealing against the proposed stay on the above case. I have completed the form as required by the courts(N244) and have sent this to the court on XXXX (date) No Doubt you will advise your clients of this fact.

 

I would appreciate the courtesy of a response just to confirm you have recieved this correspondence.

 

RegardsXXXXXX

 

 

I tried to get an email for A&L but without success - so maybe just send a letter as above to Bootle - for the attention again of the person who wrote to you last.I would say that when I managed to get through to customer services - they had all my court details on the screen!!!! So it may be worth a call a few days later to see if they have got the info.

 

then I dont think you can do much until you hear from the court.

 

In the meantime keep checking by doing an advanced search with your court name - to see if any other cases come up there

 

( search button on top bar/advanced search - box on left put in court name and search posts or threads)

 

Jan:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

Hi well ive sent off my application to have my stay lifted along with the draft as advised by Jan (thanks again) and have got to wait now for the NICE judge to look at it. Though i was told that could be a few week. So here keeping my fingers crossed!!!

Link to post
Share on other sites

keep your eyes open in the general section today - under seperate forum for merchantile cases - big hearing today

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

HI all well still waiting to hear back from the court and wragges have nt bothered to reply to my e mail either:(

This waiting is driving me insane:D feels like i should be doing some thing!!!! Is there any thing i should be doing ?

Link to post
Share on other sites

not really anything you can do - just wait for the court to reply .:(

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

Hi all it seems very somber on this site lately, like all the spirit has gone:(

Ive just spent an hour or so reading various threads and have noticed some thing, I started all of this back in jan filed my mcol in may and filled out my AQ beginning of july yet i never recieved a court date. Of all the threads that ive read EVERYONE that was at the same stage as myself at AQ stage then recieved a court date prior to the stays being put in:???:

Im now thinking this gives me a real disadvantage in applying for the stay on my case to be lifted

Link to post
Share on other sites

to be honest if we were on any of the other forums I dont think I would be bothering with the appeal unless it was a case of real hardship. The other banks have started requesting individual stays ( not blanket stays ) and have been hiring expensive barristers at the stay hearings - and on the HSBC site are even appealing against one where the court lifted the stay on a hardship basis - how mean is that ? They are obviously terrified that the floodgates will be opened again.

 

However A&L are not officialy part of the court case- they have not defended a case yet- and so far as far as I know have not appeared at a stay hearing either. They have also settled a few cases recently.

 

Therefore as it stands at the moment in this forum we should take that into account when deciding what to do.

 

Most stay appeal applications have resulted in a hearing ( on why you want the stay lifted) So you have two angles ( if the A&L dont settle when you tell them about the hearing) Hardship - as the banks are supposed to deal with those cases - and on our forum I would have used the fact that A&L have deliberately delayed all settlements until just before the hearings - trying to make the claimants settle for less through fear of appearing in court.

 

But everyone on here has to make their own decision on what to do.

 

Apparently there is also a review of the waiver due by the FSA - i think at the end of September.

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

Cheers Jan think i just needed to hear a few words of wisdom:rolleyes: . I spoke to the court this afternnon and was told that a judge is looking at my appeal and they would let me know as soon as they knew anything. If i do get a hearing what should i take with me? And should i inform wragges? i have already told them im appealing. At least i will be doing some thing then

Link to post
Share on other sites

At the moment your appeal is the document that you sent with the N244 form - and then really we are all on new ground

 

All I was going to do was emphasise that A&L had no intention of defending - take details of the settled cases on here since OFT case (sccobz might help you here as she has the numbers I think) and the litigation list of cases settled . And any personal particulars you think are relevant.

 

If you get a hearing pm me then and we will go from there.

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

Hi there

I also started around February and filed MCOL in May. I had to have my bundle in by 22 August, and refer back to the judge on 29 August for a Court date - which I did a week earlier as I was going away. Strangely enough Wragges have never submitted theirs. Unfortunately I havent got a date either as on my return I had a letter to say the case had been stayed, so like you I didnt actually have a date. Yesterday I filled in N244 form regarding lifting of the stay. So we seem to be at the same stage, hope you hear something soon. It is hard to stay focused though isnt it.:roll:

Link to post
Share on other sites

Thanks Jan for all your advice dont think i could have got this far without the help of certain people (u know who u are!)

Well i have recieved a letter from wragges on sat, as i e mailed them to inform them that i was appealing the stay. The letter just went on about the test case and how their client feel they have to wait and will be applying for a blanket stay on all cases! I am going to give it til next week then contact the court again regarding my appeal, will let everyone know if i hear anything

 

Nicky x

And kpsh at least you had a sniff of court more than i got!! let me know if things move on for you, good luck i ll keep watching

Link to post
Share on other sites

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

Hi Allen

 

Sounds like our friends at wraggies are giving you the run around! I think its a new tactic they've taken on with these stay requests! Hope the judge is kind to you!

 

I think there's quite a few of us who received the same letter on Saturday

regarding stays and it's all new to us so we are all unsure what is going to happen? I've just filed my court bundle and I'll be really p****D off if they are granted a stay on my case!

 

If you need the list of claims settled by A&L since OFT Test Case just let me know and I can send you a copy (it may help)...

 

Keep positive

 

Regards

 

Scoobz

Link to post
Share on other sites
Hi Allen

 

Sounds like our friends at wraggies are giving you the run around! I think its a new tactic they've taken on with these stay requests! Hope the judge is kind to you!

 

I think there's quite a few of us who received the same letter on Saturday

regarding stays and it's all new to us so we are all unsure what is going to happen? I've just filed my court bundle and I'll be really p****D off if they are granted a stay on my case!

 

If you need the list of claims settled by A&L since OFT Test Case just let me know and I can send you a copy (it may help)...

 

Keep positive

 

Regards

 

Scoobz

 

Hi Scoobz

i agree, think this is just another way of trying to put people off but infact all its doing is p*****g people off and making them more determind. Thanks for the offer of the lists i ll let you know if and when i need them as im sure they will help.

Link to post
Share on other sites

I know! there are lots of threads and comments going around.

 

Can you see a deal coming up ?

 

where the banks lower charges - start charging for other services - but somehow get out of refunds for past charges?

 

If we dont get a full test case on legality I am not sure where everyone will stand.

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

hadyanth vs Lloyds TSB - Goodbye fingernails...

 

 

read the last couple of pages on this thread - some advise on stays

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

Well all the hoping and keeping my fingers crossed did .......NOTHING!!:evil:

I had a letter at the weekend from the court regarding my application to remove the stay the letter said

 

It is ordered that:

1. The said application is dismissed. The issues involved in this case (and very many like it) will be heard in a test case before the high court in Jan 2008, and it would be wholly disproportionate for these cases to be heard separartely before that decision is known

2. Additionally, the court is aware that an order staying many cases such as this was made after full argument in the high court (Leeds mercantile court) on 29.08.07 Carlisle and others v Clydesdale bamk and others which appears not to be distinguishable from the present case, and would be binding on this court.

 

GREAT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!:(:Cry:

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...