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    • jk2054 - I haven't started a claim with OIC or MIB yet, due to being unable to obtain the name of the other driver.  BankFodder cheers for that, I'll go back to them with this info & update on here when I've had a response
    • Andy thanks for your reply. No i am now being evicted from the house i moved into after that previous post. The letting agent lied to me when they said the landlord would not be selling the house. SHe did not mention that the landlord tried to sell the house last year, i was not told this, 4 months into the tenancy i got the eviction notice. Its obvious they lied to me and used me to fill in the gap between their attempts to sell the house. I have filled in the defence form as it was easy to follow the old one from my previous post. I will post it later on in the hope someone can give it the once over. It has to be in by the end of this month may 31st.  
    • It's a GR Yaris - Finance is with Alphera, who are part of BMW I believe. I'm sure the unit is very expensive to repair, I have even told them I would be happy with a refurbished/reconditioned unit, in trying to be reasonable as well.
    • Without seeing this envelope, document and sticker it is impossible to advise properly. However, just going on what you have told us, there are two ways you can deal with this: !. The easy way. This has the lowest risk but the guarantee of a penalty for speeding.  You can respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box you can explain that you responded to the request for driver’s details but it was recently returned to you, seemingly not actioned. However, you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. You could also ask the court to consider sentencing you at the fixed penalty level (£100 and 3 points) as this prosecution seems to be the result of an administrative problem outside your control. 2. The not so easy way with higher risk. This could see you convicted of the FtP charge but has the possibility that you escape with no penalty whatsoever. You can do the same – plead not guilty to both charges. If you go down this route the speeding charge cannot succeed as they have no evidence you were driving. This comes from your response to the request for driver’s details which the police say they have not got. You can mention in the “Reasons” box that you returned the request for driver’s details as required. You will then face a trial for the FtP charge and you can produced your response together with the envelope and sticker showing it had been returned to you. The risk with this is that if your defence fails you will be fined a week and a half’s net income, pay a “Victim Surcharge” of 40% of the fine, pay prosecution costs of around £650 and have six points together with an endorsement code (MS90) which will see your insurance premiums rocket.
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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.

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      Many thanks 
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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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Monkey attempts to beat an Egg


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Hi everyone,

 

Just a little background before i start my claim.

 

I have been with Egg for a number of years, over which time i have picked up a few charges for various reasons. There have never been many so i have never bothered looking into claiming them back.

 

Recently my wife and i were in the supermarket, we got to the till and she realised she didn't have her purse, i didn't have my wallet and the only card i had was in the car which was my Egg money card.

 

I paid using this realising it would take me over my agreed credit limit. As soon as we arrived home i rang Egg to pay off the amount we had just spent to be informed that it would not be processed now until the following Monday (it was Friday evening), i paid anyway and tried to get the guy to assure me that i would not be charged for going over seeing as i had tried to pay the same day. He could not do this and told me to take it up with customer services should any charges be levied against me.

 

It transpired that i was charged for exceeding my account limit, my payment went in but becasue of the charge i was then over my credit limit resulting in being charged again.

 

I asked them to refund based on the what had happened but they effectively said they were within their rights to do so and refused a refund. :mad:

 

So at last here we are!

 

My wife has helped a number of work collegues and friends claim back bank charges (and has so far been 100% successful), gave me an SAR template to fill in and send to Egg for a list of my charges. WIth this i sent a cheque for a statutory amount of £10.

 

I received a letter this morning from Egg saying there is three ways in which they can provide this information, they are as follows:

 

Option 1. A complete list of transactions (including charges), £5 fee is applicable.

 

Option 2. Copies of original statements from period....to....., £2 per statement.

 

Option 3. A complete data subject information request, with this option i will receive an information pack (subject to Egg's terms and conditions) within 40 days, a £10 fee and ID will be required.

 

My wife has never seen a response like this so can someone please advise which one i should go with?

 

Thanks

Dave

 

PS. Apologies for the wall of text :rolleyes:

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This is a standard Egg reply, because option 3 involves a stack of paper an inch thick and so will cause Egg a lot of work and unavoidable time. They want to avoid it if the cardholder is agreeable.

 

Option 2 is unnecessarily expensive unless you need just 2 or 3 statements, so is out.

 

Option 1 is sufficient if you trust Egg to list ALL charges levied. It will not be sufficient if you wish to claim back the monthly interest accrued and levied on unlawful charges. Because interest rate fluctuated from month to month you will need ALL statements since the first unlawful charge, to rebuild debit interest ACTUALLY levied. I.E. if you were hit with £20 charge, but the following month you paid off your entire balance, then that £20 unlawful charge could have attracted about 38 pence monthly debit interest, but did NOT -- in which case the 38 pence interest cannot be reclaimed.

 

So if interest reclaim is significant for you, or you do not trust option 1 listing, then option 3 at £10 is for you. But delivery will take longer -- possibly 4 weeks instead of the maximum of 40 days allowed, possibly longer due to holiday period, provided you send your option 3 request to the best address as shown in the Sticky thread at the top of Egg forum.

 

Once you have the itemised claim, the rest should be easy, only 2 letters in plain English will be sufficient, going on the form of the past 6 months -- see V-E Day thread, moc1982's template letter when required.

 

 

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