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Claim dismissed, no order as to costs. The decision came down to whether the escalation of a chargeback claim to pre-arbritration per the chargeback guidelines is covered by the FCA's definition of providing a retail banking service and therefore a right of action under BCOBS and the FSMA 2000. The FCA defines a retail banking service as: "an arrangement with a banking customer, under which a firm agrees to accept a deposit from a banking customer on terms to be held in an account for that customer, and to provide services in relation to that deposit including but not limited to repayment to the customer." Monzo's counsel pressed hard the fact the chargeback scheme is a voluntary and I forgot to make the case that the whole issue was about a depsoit. i.e. the money held on the account for the purposes of transactions. I would have argued that providing transactions and handling disputes is part of that service. It may have held no weight, the evidence is probably out there. Very impressed with the judge, stoic, patient and fair. -
Without sight of their statement in support I'm clutching at straws as I dont know what they are relying on or if indeed there is any hearsay evidence. Their statement shouldn't be more than 2 pages ? The courts/claimants copy of your statement must be signed with the statement of truth. -
By Sarahswoes · Posted
Thanks! So, I need to scan and upload their witness statement? The file will be too big! Do you know where do I need to put it, in the evidence part? I was thinking to send the form without signature as I don't have time but I guess I'll have to print and scan otherwise they can also get me for that. There is a hand written signature on their witness form. -
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Both....mark it as an exhibit.....have you uploaded a copy of their statement in support of their application ? Also you must remark on the quality of that copy agreement as its illegible and lawfully not enforceable pursuant to the CCA1974 sec 61 61Signing of agreement. (1)A regulated agreement is not properly executed unless— (a)a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and (b)the document embodies all the terms of the agreement, other than implied terms, and (c)the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible. . .
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If you are buying a used car – you need to read this survival guide.
BankFodder posted a topic in Vehicle retailers and manufacturers,
If you are buying a used car – you need to read this survival guide.-
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
ATJ posted a topic in Vehicle retailers and manufacturers,
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.
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A2Dominion - Housing Association property flooding - damning ombudsman report
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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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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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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