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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.  

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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.
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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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Alphageek Vs Capital One ***WON***


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Ok, every in and out action has been particularised on a spreadsheet.

 

Sub totals 18h:55m:00s

Hourly rate £9.25

Plus actual costs £17.40

Grand Total £192.38

 

Should put a nice smile on their face when they get this letter.

 

Sounds like a nice sum. No where near enough I would have thought for the hassle they have caused you. :D

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Received a letter form Court whilst I was away.

 

13 May 2008

 

Dear Alphageek

Re: Alphageek -v- Capital One Bank (Europe) Pic Case No: xxx

 

Your request for application in the above case is returned because:

 

 

  • a notice of discontinuance was filed on 1 May 2008
  • any application should be made in the prescribed form with the approriate fee

 

Yours sincerely

 

PERSON

Back Office

Enc

 

Is PERSON right that I cannot ask for wasted costs after filing a notice of discontinuance?

 

Also, "any application should be made in the prescribed form" would have been nice if they had given me a clue as to what form they want.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Hi Alpha,

 

Although I had reservations about the WCO going after discontinuing, others seemed ok with that.

 

Check out what the court now wants done with this.

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I spoke to the Court and was told that as I had filed a discontinuance, then that is the end of the case.

 

I could apply to have the case reopened, paying the correct fee, and ask the Judge to hear my argument for wasted costs.

 

Alternatively, I could raise a new claim for just the wasted costs.

 

I don't think either would succeed.

 

I should have just written to the Court and asked them to vacate the hearing and then sent the Wasted Costs Order.

 

Oh well, you live and learn.

 

I am going to say this thread is ended. Can we change title to WON please?

 

I will work out how much I actually got back from them and make a donation soon.

 

Thanks to all who helped.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Doh! Perhaps I should spend some of my refunded charges in Specsavers*?

 

*Eye-sight correcting products are available from other firms.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Hey Alpha,

 

Re the WCO, I sought clarification about this and Steven said:-

 

"the WCO must be applied for before a notice of discontinuance is issued"

Put this down to experience so you'll know better next time.

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Hey Alpha,

 

Re the WCO, I sought clarification about this and Steven said:-

 

"the WCO must be applied for before a notice of discontinuance is issued"

 

Put this down to experience so you'll know better next time.

Yes, but that was based on Alpha's experience on this thread :rolleyes: (although I think it is true.)

 

Cost arguments are part of the case and the CPR are full of stuff about costs in case management and practice directions. It seems logical that once the case is over, discussions about costs are over too. A notice of discontinuance says "the case is over" and I think that includes cost arguments.

 

I searched through the CPR but I can't find anywhere it actually says that though but it seems to be assumed.

 

One final thing. Of course, there is no guarantee that Alpha would have been awarded them anyway - they are not very common

 

 

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I tried WCO with Lloyds and the judge was'nt having it. Turned down as the charges were paid back with interest, so no WCO in his opinion.

 

Well done Alphageek, put this one behind you now and move on.

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  • 10 months later...

There is a spreadsheet somewhere on here in which you can put your monthly rate and it shows the APR..

 

If you can't find it, I'll dig it out when I get home for you.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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D1cky,

 

If you look in Steven's Interest Tutorial, there is a link to DuoCalc which should do these int't rate conversions easily.

 

:)

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yes have found it, and dwnloaded it. thx again. can any1 just confirm fo me that on the 13/03/08 my monument statement shows me only a cash intrest at 2.529% per mnth, the calc. shows me that the apr is 34.9%. just to make sure I am using it correctly! ta.

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when I type in 2.529 then press calculate it gives me an apr of 34.9 as stated above but I have just noticed that it changes the 2.529 to 2.52607441419, is there a good reason for this, y does this happen, am I doin something wrong?

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Dicky,

 

Call it 2.52 and stop worrying.

 

If you want to pursue this or anything else, do it on your thread to avoid hijacking and to keep your case togethr in one place.

 

:)

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