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    • What's your intent, or interest? I can't see that you have any cause of action regarding bills issued by one third party to another third party. Is the idea to use this as a lever "I'll denounce you to HMRC unless you do blah blah .." That might in fact have no teeth anyway, HMRC will aware of the company's turnover via their other tax affairs.  As a matter of fact a company buying VAT rated supplies and selling to VAT registered customers is actually worse off if not VAT registered themselves. Has your court case reached it's conclusion yet?
    • Hello, welcome to CAG.  I expect people will be along to advise later. We aren't here to mock, this is a serious forum. If you feel you're being picked on  report the relevant post to the site team.  Best, HB
    • no that is not a defence. because you don't have a photo
    • I purchased the vehicle using finance through motonovo under a HP 60 months agreement. I have now amended the document ensuring all is in black. Unfortunately, this email has now been sent. However, I have not sent a letter to big motoring world. Also, I have taken the section of the firealarm issue. I am struggling to convert to PDF. I am not tech savy at all. My mistake was that the the salesman was very fussy on a sale. We went down a quiet road for a little test drive and not for a lengthy road test. The water issue was not present at this moment of time. However, it only became prevalent after driving away, after all docs signed. I did stated to Audi I wanted a diagnostic report. However, they carried out an Audicam which is footage of the issue. Audi have diagnosed the issue as a common issue where coupes/cabriolets accumulate water in the seals. However, I did state beforehand for no issue to be rectified due to me wanting to reject the vehicle. I am awaiting a report from Audi through email from the branch manager in relation to the issue. The issue so far is the water still being present in the sills. Audi tried to fix the issue however the problem is still prevalent. Regards 
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Funky1 V's HBOS


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Hi there

 

This is my first claim and das it’s for around the Scottish Small Claims limit I’m hoping it won’t be too difficult.I’m in Scotland and my nearest court is Kilmarnock. So here’s where I’m at and would greatly appreciate any advice you can give me:

 

9th Feb 2007 – Requested Statements

Received Response in April – charges amount to £753 (788.68 incl. interest)

 

18th April I sent 1st request for repayment of charges – Deadline was 4th May

1 week later HBOS advised they were considering my claim and would give me an update in 4 weeks

27th April I sent another letter re-affirming deadline of 4th May

 

4th May I sent a letter to advise that I would commence court proceeding if no response received by 18th May.

 

I have not yet started the court proceedings but don’t want to hold off much longer before I make my next move. I have seen the FOS mentioned at this stage – is this the route I should be taking or should I just fill in my small claim?

 

(This is my first claim – I have a larger one for Abbey which is for around £2k and I will be at the court stage on 1st June for that one. )

Received a letter from HBOS saying they would get back to me no later than June 20th. My deadline for them was 18th May - should I wait or move forward. Still v confused about whether to do a small claim, go to the FOS and now I've read about a summary cause. Can someone help please?

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Well, from what I've read elsewhere in this (great) Forum - the mods are always saying "Stick to your time-scale - not the bank's." And I see that the May 18th deadline has been exceeded.

 

HAMMER THEM!

 

And good luck on June 1st as well. Again, from what I've read here, they never turn up to defend!

 

 

PS. (And I'm still waiting for ALL my statements!)

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Stick with your own timetable...you are the one raising a claim against them. Just check the FAQ's etc, to make sure you're doing it ok.

 

Also - I know this sounds silly, but the Small Claims Limit is £750 (not including any interest etc). You are claiming for £753, which exceeds it. Me personally, I wouldnt split it (£750 + £3!) or go down summary cause, I would cap it at £750,(a bit wimpish I know!) but as I said...that's just me. Perhaps FOS is another route? Be careful...hopefully one of the more knowlegable guys will post on this one to give more advice. Good Luck! ;)

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Me personally, I wouldnt split it (£750 + £3!) or go down summary cause, I would cap it at £750,(a bit wimpish I know!)

Splitting claims is no longer really an option. You can go down the summary cause route, but the simplist thing would be to just lose the £3. Remenber the £750 limit is before interest.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Well I submitted my claim to Kilmarnock Sheriff Court on Friday and I must say they were very helpful. I was pretty intimidated by the whole court thing but the lady who checked over my wording said it was perfect - a big thanks to CAG ;) ! I hope this encourages others. I did however only have to pass over form 1 and 1b.

 

She said that the banks were defending more and more and BOS was turning up on the day too. Any worries or questions to just give her a call. She reckoned my date would be 3rd August.

I'll keep you posted.

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  • 2 weeks later...

My court date is 3rd August but I received a letter today from BOS advising that after investigating my complaint they are satisfied that the charges are correct, why they were applied and how they (BOS) can help. I'm assuming this is just standard and I should ignore it and wait for the court date?

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I'm assuming this is just standard and I should ignore it and wait for the court date?

Completely standard. Continue with your court claim. BOS (Bag Of Sh*te) will soon change their tune.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Totally standard - I've had it too!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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  • 1 month later...

Hello,

The return date for my BOS claim was Friday and when I called the court today they said that BOS had not submitted a defence (which is apparently very unusual). I've to hand in my Form 11 by Wednesday stating Decree + expenses. Does this mean I've won? :eek:

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You should now read this.

 

The form you need if you go for judgement is on the acknowledgement letter you recieved.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13)

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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I'm still confused - sorry:confused: I understood that as the bank had not given a defence by the return date then that was an end to it? The court told me yesterday that I needn't do more and just wait for payment now but it seemed too easy. Also, this is in Scotland - if that makes a difference?

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  • 4 weeks later...

Hello,

I was delighted to receive my extract for payment this morning as the bank didn't lodge a defence in my case. I see that there are letter templates for the English system but I'm in Scotland and I'm not sure if there's a specific letter I should be sending the bank requesting payment based on the decree? Also, how long should i give them to pay up?

Many Thanks

Funky1

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