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    • Do you intend to revise this thread's title assuming Labour win the general election?  
    • quite usual for couriers to swap parcel contents, though it could have been done by someone at the 1st address before it got to where it should have .... ebay. just to clarify as you seem to be not understanding/reading some posts correctly.   you should always ignore a dca totally unless you ever get a letter of claim in the post. you never ever ring a DCA.. they LIE. no!! no!! they dont own the debt, their txt says our client ebay. only the OWNER of a debt can take you to court. and ebay dont do court. i find it quite amazing that you have numerous threads about ebay/paypal regarding issues since you joined in 2011 but have never read any of the advice previously given. dx    
    • so where are the one with this HMTL link? and when were they sent.? pdf's merged and properly named. dx  
    • Hi Just had a wee look at your PDF and nothing really to add. Now as for the Court Fees if these are in there Claim then that is for the Judge to decide whether they accept the recovery of Court Fees in the Claim. If recovery of Court Fees are not in the Claim and they try to recover these via your deposit then you dispute this with the Tenancy deposit scheme your deposit is protected in and point out these costs should have been in there Court Claim which they failed to do and is there error.  
    • The postcode is an important point. You cannot be in two postcodes at the same time and the contract only covers the F area and not the E area where Met placed your car. See there is some   advantages in with idiots.🙂 The other fact about the electric spaces is that as you are not allowed to park there, the sign is prohibitory so cannot  offer a contract anyway. and another biggie in your favour is you were not the driver and the PCN does not comply with PoFA. I had another look yesterday at the PCN and there is another error since it does not say that the driver is responsible to pay the charge during the first 28 days. Schedule 4 Section 9 [2][b] (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; so that is another nail in their coffin and it s something I would include in  your WS since that is one that every Judge would accept as a failure to comply. As far as their WS is concerned some of them leave it to the last minute to prevent Defendants being able to counteract their claims. However if they leave it too late [ie after the stipulated time] you can email yours to the Court on the last day and complain at the bottom of your WS that you have not received it and therefore you are asking the Court not to accept their WS. In your case it isn't that important since you have a virtual walkover in Court. I would be surprised if they don't concede beforehand. It is a lost cause for them. Not that I would advocate parking in their electric bay in future with a petrol driven car again.🙂
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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.  

      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.

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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.
      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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Account closing and credit rating


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Aside from the fact that you will not have had a bank account with the same bank for as long, how do we think alliance and leicester closing accounts down will impact on credit ratings?

 

I want to chase them for I would estimate £400 or so and I don't mind opening a new account (I was considering it anyway), however, I don't want a black mark added on there by alliance and leicester that could potentially be there for 6 years, what do we think?

 

Out of interest, how do we think people with mortgages etc are being affected by this?

Alliance and Leicester: started 2/9/6, LBA 7/11/06.

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I see there is a very short side article in todays Metro about A&L closing accounts on anyone who takes them to the small claims court.

 

I wonder though, wouldnt this be viewed as coersion...ie. the bank trying to force people NOT to go to the small claims court otherwise they will be dropped?

 

Mailman

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Hi-

After reading your post, I thought that I had better reply with my thoughts regarding the mortgage issue.

 

however, I don't want a black mark added on there by alliance and leicester that could potentially be there for 6 years, what do we think?

 

Out of interest, how do we think people with mortgages etc are being affected by this?

 

I have an A&L mortgage and I sent A&L the preliminary letter requested a refund of charges levied on my mortgage account and then the LBA. I then received the A&L received the 'Bog Off' letter back.

 

I know that I might sound a Wimp, but I decided to wait a while before I issue a County Court claim against A&L, basically because I am fearful about what they might do in respect of my mortgage!!! However, I am going to sell my property at the end of the year and then I will send a revised request for the repayment of charges and then issue my claim.

Re the CRA agency file, if that is messed up, then it would be difficult to obtain another mortgage.

 

I think that this issue of closing peoples accounts etc., is blackmail really and not fair or reasonable to consumers who are simply exercising their Right in requested the refund of Unlawful Penalties.

Hopefully the OFT will step in and 'Do something about it' !?

 

Thanks

Angry cat

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The fact that they close the account doesn't really trouble me, I will be setting up an alternative before I do anything. I would however, consider a mark on your credit rating that would stay and be damaging for 6 years saying something like 'breach of contract' to be unfair, but I suspect it wouldn't be possible for them to do that as it's in a slightly grey legal area?

That this is more complicated and potentially damaging for people with mortgages with A&L, I don't know the ins and outs of transferring them to other providers (I just got to thinking about unsecured loans as well - would they ask for settlement?). But to me, I reckon it would be pretty bad business sense to close mortgages and loans, as they are much more profitable than current accounts.

Overall, I'm inclined to think that you can't have you cake and eat it, banks are not obliged to provide accounts to anyone and you can't reject the terms and conditions and expect to maintain the status quo. Unfairly high, petty and punitive as these charges were, a large proportion of them (mine included) have come about initally from our own initial mismanagement of our finances.

Alliance and Leicester: started 2/9/6, LBA 7/11/06.

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From what I have learnt I do not believe any of this can have anything other than a good effect on your credit rating. If you claim charges on your current account they cannot take your mortgage away. Also, if you look at the letters in the bank templates library, they ask for removal of defaults from credit records. The charges are unlawful. Defaults caused due to unlawful charges are also unlawful. If they defaulted you for claiming what is rightfully yours, you go through the process to get the default removed. It is a win win situation. You need to get your head around the fact that you have right and the law on your side. Don't be intimidated by the banks. Have you seen the bad press A&L are getting? They don't want to make it any worse.

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The Consumer Action Group is a free help site.

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Advice & opinions given by Caro 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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yeah, that sounds sensible, thanks for that.

my personal gripe with A&L stems from one bounced cheque which cost me £30 or something which they took out a few weeks later the day before I got paid when I never have any money left in the bank, therefore making me overdrawn again. so they took another charge for going overdrawn the day before I got paid the next month, and this went on for ages without me noticing and cost something like £400 for this one cheque. the way they handled my complaint at the time and refused to answer my questions about how they handled these charges is what has made me fairly determined to wreak some revenge!

I have to say on I think all the other ocassions apart from one when I felt the A&L charges were unjustified, they have refunded them in full, but they were one offs - now to get the big one!

Alliance and Leicester: started 2/9/6, LBA 7/11/06.

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A closed account will have no effect on your credit rating at all. It's simply an indicator logged against it stating it's closed. Companies will have no idea whatsoever why it was closed and they don't care. I worked in credit scoring for years and it's never taken any part in the scoring system.

Pam.

 

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From what I have learnt I do not believe any of this can have anything other than a good effect on your credit rating. If you claim charges on your current account they cannot take your mortgage away. Also, if you look at the letters in the bank templates library, they ask for removal of defaults from credit records. The charges are unlawful. Defaults caused due to unlawful charges are also unlawful. If they defaulted you for claiming what is rightfully yours, you go through the process to get the default removed. It is a win win situation. You need to get your head around the fact that you have right and the law on your side. Don't be intimidated by the banks. Have you seen the bad press A&L are getting? They don't want to make it any worse.

 

 

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A closed account will have no effect on your credit rating at all. It's simply an indicator logged against it stating it's closed. Companies will have no idea whatsoever why it was closed and they don't care. I worked in credit scoring for years and it's never taken any part in the scoring system.

 

But is there not some sort of code the bank can use to state that THEY closed it rather than you? I know banks use secret code in bank references which, to the customer looks like a good reference but between banks and lending institutions has a different meaning.

 

With regards to mortgages and loans, these are on separate agreements and they could not just withsraw your mortgage without reason. If you've kept up payments on it and aren't claiming charges back in respect of your mortgage account then they have no reason to close it.

 

Besides, as this whole thing snowballs, if banks continue to close accounts, they will eventually end up with a much smaller client base.

 

OC

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[quote

 

With regards to mortgages and loans, these are on separate agreements and they could not just withsraw your mortgage without reason. If you've kept up payments on it and aren't claiming charges back in respect of your mortgage account then they have no reason to close it.

 

 

Hi there,

I was very interested in overcharged consumers statement re mortgages and loans.

 

I have a A&L mortgage and the charges that I wish to claim back are in relation to the mortgage. I have been charged for arrears at £25 per time. Factually the arrears are not my fault, but the fault of A&L because they changed my payment method to direct debit but when I sent in the direct debit mandate A&L entered my account number incorrectly and then of course the computer started to show arrears. I wrote to them requesting a refund of the charges but they wouldn't refund them. So I then went through the BAG procedure, prliminary letter etc but A&L still wouldn't refund the charges stating that they were not Unfair nor Unlawful and in accordence with their T&C.

 

Of course, I want my charges back and I am hopping mad at the bully boy blackmail tactics that A&L are using against their customers - closing accounts!

That surely cannot be lawful?

 

Anyhow I am sitting on the fence at the moment, but rest assured that I am not going to let A&L get away with taking my money. However, I do have to be cautious as I do not want to be in the situation of losing my mortgage!!!

 

I do believe that the moderators are looking into the legalities of Banks closing consumers accounts, just because they are exercising their Rights in asking for refunds on Punitive Charges.

 

Thanks

angry cat

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How long are you tied in for? If it's only got a year or two left you could always hold out and then claim when you've changed providers.

 

By the sounds of it you may have an entirely different case against them anyway. Rather than the unlawful and unenforcible tack you could go for the fact that the arrears and subsequent charges were the fault of A&L and therefore not your responsibility. However, in order to prove this I guess you would have to demonstrate that you paid the arrears in reasonable time.

 

I'm not convinced that a mortgage provider would close the mortgage account because someone sued for charges but anything is possible and as it's a whole lot more difficult to open a parachute mortgage (in fact it's impossible given that would involve you closing your existing mortgage and transferring to a new provider whch would inevitably incur fees if within the tie in period) it may very well be advisable to wait until you've transferred mortgages in a few years.

 

Good luck

 

OC

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Hi overcharged consumer and Nackers - I thank you for your view-

 

I decided to respond to Nackers thread-

 

"Account Closure & Credit Rating" plus

'How do we think people with mortgages are being affected?

 

I have decided to move later this year and then I will change the mortgagee!

and of course, I will then be able to issue a county court claim against A&L, without any fear or worries - I will get my money back!!!

 

My situation re my mortgage account fines, is not really much different to charges that have been unlawfully applied to a credit card or bank account, because it does not cost £25.00 to send an automated letter, with no manual intervention. Therefore the fines are punitive and I notice from the OFT re 'Penalty Charged' that there is a read over, which is includes mortgages.

 

However, bearing in mind that A&L are using 'Bully Boy' tactics, I think that caution is the word for me and yes, I agree that I cannot open a parachute mortgage account but my mortgage account provider will change when I move. As previously stated, I will then make my claim against A&L when I am out of their 'Clutches'. I will not tolerate harassment & blackmail from Alliance & Leicester

 

Good Luck to all claiming against A&L

 

Thanks

angry cat

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