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    • Sorry, I may have forgot to get back on this. Please monitor for a reply tomorrow
    • Yes, now its just about getting the WS / Court bundle finalised to send to the court / Evri. I've attached the most recent version of the WS / Court bundle to save having to scroll back up to the previous post (#204) where it was also shared. If you, @BankFodder or anyone else has any feedback on this, i'd be grateful for your thoughts. In my previous post #204, i'd also attached an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at Her mes - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender [origin] and the recipient [destination] - I have redacted personal details in the attached invoice.  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (the sender / recipient) is involved in this transaction. I have also attached this redacted invoice in this post to save having to scroll back up. Happy to get any thoughts and if this invoice is no good, then please let me know.   Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
    • Does anyone know if I would be allowed to record conversations with health professionals for my own use on my phone without them knowing. I know that we are allowed to record phone calls. I do record some of my phone calls for my own use due to my disability and if anything is said then I am covered. I would only record audio in private area's of myself and the professional dealing with me. I know I could not get and other persons audio in it and I don't intend to. my only other option is to buy a body cam but I am not sure the rules regarding this.I never thought i would have to but things are getting worse Thanks for any guidance 
    • Thanks for that. I will give them till Tuesday. Thanks for your help, very much appreciated. 
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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Lloyds TSB reclaim ** WON**


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Glad GuidoT was here to assist as I didn't do any of those just my cahrges & interest from the charges. I know some people have been successful in claiming further than six years, but these claims seem to be dragged out longer.

I agree with guidoT with the charges that you have agreed with, but I can't see these charges varying depending on the amount in your account. My charges were set depending on what account I wanted. Where I was paying for having a platinum account, which meant that I was paying £15 a month, where I was getting an extra 'service' such as travel ins and car break down cover. (I have cancelled this as well now, they made a lot of money from me over the years)

With the interest, as GuidoT pointed out can be complex, so I left it out. You can only claim for the additional interest incurred from the charges that were added to your account, so its up to you.

 

GuidoT and all the other friendly guy's and gal's on this site are here to get u through it.

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Anyone got any ideas about the date I have been given when I'm on hols at the end of July. Its only a prelim hearing, but it would mean that I would have to travel back from Cornwall.

 

Anyone?

 

Hi

Best thing is to ring the Court, they should know if you need to attend or not.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Rung the court, they said that I can adjourn the prelim hearing but only if I write into the judge and pay an additional court fee.

 

I think I'll be travelling back from Cornwall to go to court, but I'll have to take my laptop away with me and get my brother in-law to check my mail while I'm away in the hope that they settle.

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Stange letter from Lloyds TSB this morning. I had all the statements delivered to my door in March and this morning I had 6 sheets with the breakdown of the bank charges saying that they have removed £10 from my account.

 

I'm confused because my claim is already going to court and the prelim hearing is on the 30th. Do they know what they're doing. I don't think so.

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No I didn't. But I asume that they wanted to avoid going to court so they paid up 2 days after I sent the letter off. I think they give a timescale themselves which is up to 10days. But I think my father-in-law was lucky.

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I have had exactly the same wording in my Notice of Transfer of Proceedings. No date is given for court. As yours was dated 5th June can you let me know how you got on and what you had to do next. Do I just have to wait for a court date.

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Hi dolphinSwim, I am claiming for two accounts, mine and my father-in-laws. His date for the prelim was on the 5th but as I posted on the previous page, He was paid out a week and a half before the prelim hearing.

My claim is going to a prelim hearing on the 30th of this month, so fingers are firmly crossed in hope that my claim follows my father-in-laws.

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Good news again folks. I was due to have my prelim hearing at the end of the month, but has the settlement offer though the post this morn. Will do the same as I did with my Father-in-laws claim and send back the settlement page with most of the conditions crossed of and staple the acceptance letter which is referred to previously on my thread. My father-in-laws money was in the account by the end of the week, so here's fingers crossed.

 

I'm so chuffed though, it looks like I won't have to come back from hols after all.

 

I will keep you all posted.

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Really pleased for you. Can you help me as your experience is with Lloyds. I have received Notice of Transfer stating no need to send Allocation Questionnaire but giving no more information such as court date or anything. What am I supposed to do next. Do I have to wait until I receive some other notification.

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If I have been helpful please click on my star and add a comment.

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Nice one. Keep on smiling......:D

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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Really pleased for you. Can you help me as your experience is with Lloyds. I have received Notice of Transfer stating no need to send Allocation Questionnaire but giving no more information such as court date or anything. What am I supposed to do next. Do I have to wait until I receive some other notification.

 

Dolphin Swim 1 - I can only tell you what I did with my claim and my father-in-laws that paid out at exactly the same stage. After I had the letter that you receieved. I send SC&M and my local court the draft order for directions and also the cover letter. I gave it a week when I send the Nudge 1 letter, wording it a bit better to suit my own cases. I then sent the second Nudge letter.

 

I know some are of the opinion that the Nudge's letters do not work, but I think them combined with the draft order have worked for me. I'm thinking the more letters I keep sending them, the more they gotta look at my files.

 

Good luck with it, let me know if youneed anything further.

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Thanks everyone for your congrats. I would have dropped it all weeks ago if it wasn't for this web site and you guy's and gals. I have learnt a lot from this site and I thank you all for that.

 

Just waiting now for the money to hit the account, then I'll complete the survey and make a donation.

 

I feel absolutely great like a heavy weight has been taken off my shoulders.

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Progress with both claims -

 

Father-in-laws:

 

Requesting statements - 19/01/07

1st letter requesting money back - 09/03/07

2nd letter requesting money back - 13/04/07

MCOL - 30/04/07

Letter requesting all doc relevant to the account, inc all T&C's - 22/05/07

Defence (and a&q will be dispenced) - 24/05/07

Draft order for directions - 30/05/07

Nudge 1 - 05/06/07

Nudge 2 - 08/06/07

Nudge 3 (made it up myself) - 18/06/07

Settlement offer - 26/06/07

Letter accepting only as un con offer - 27/06/07

Money in account (£2177 baby) - 29/06/07

Prelim hearing was due to take place on - 06/07/07

 

My Claim:

 

Requesting statements - 19/01/07

1st letter requesting money back - 12/03/07

2nd letter requesting money back - 04/04/07

3rd letter requesting money back - 23/04/07 (shouldn't have done this one)

MCOL - 04/05/07

Letter requesting all doc relevant to the account, inc all T&C's - 22/05/07

Defence (and a&q will be dispenced) - 14/06/07

Nudge 1 - 07/06/07

Draft order for directions - 18/06/07

Nudge 2 - 26/06/07

Nudge 3 (made it up myself) - 02/07/07

Settlement offer (£1551.22) - 09/07/07

Letter accepting only as un con offer - 10/07/07

Money in account - not yet

Prelim hearing is due to take place on - 30 /07/07

 

To be honest, I sent a couple of other Nudge letters with my claim just to keep them opening my file, I was so stressed.

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Quick update folks. When I sent my letter off stating that I would only accept a full unconditional offer, I also attached a copy of the settlement offer, crossed out the conditions I didn't agree with. I adjusted the main letter to suit. This worked for my Father-in-laws claim.

I also have a second claim for £166 for my other account at the MCOL stage.

 

So in my letter I added another paragraph just to mention this other claim I have ongoing and that this is their opportunity to settle that claim as well.

 

Strange thing happened yestarday, £166 was put back into the account, but it was given Mondays date, as though it should have been put in tomorrow. I am now of the opinion that my main claim for £1551 will also be put back into the account tomorrow.

I don't think that it could have been a mistake as the letter and settlement sheet I attached, all have the correct claim number, account number and settlement offer in bold and italic, and my request about my second claim was added as a further paragraph to the letter which didn't stand out at all, and to be honest I didn't think they'll read.

 

SO what do you think?

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They are in complete chaos; so don't expect anything. They may have pulled your file, paid the one claim and then put the file away again.

Bank staff are being called in from other departments to do overtime to try and clear the backlog.

If nothing in tomorrow it might be worth ringing or faxing them for an explanation. Also, as you know, you have to write to them and the court confirming receipt of the charges. This is another opportunity to remind them of outstanding claims.

Good luck.

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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