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    • Your case shows the idiocy of employing a solicitor to do things you could easily do yourself. Had Countryside dealt with their own case they would have entered judgement on 4 June and there would have been no way back for you. But they thought they were clever by running to Rachael and Sean of BW Legal for a more "professional" (aye, right) service.  These dodgy solicitors can only make money on private parking cases by doing everything on the ultra cheap and certainly cant check the judgement date for every single separate case. Ho!  Ho!  Ho! Anyway, glad you got the defence filed OK. The next stage is that the central bulk court will send out a simple form called a Directions Questionnaire to you and to Countrywide which is part of the allocations process to your local court.  If you read this short thread you will see all the stages of the court process  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments
    • It is already trespass, nothing further needed to make out trespass. Not sure where ‘interference with goods’ helps you / how you’d bring a claim for that that stops them parking there.
    • Thanks Dx,    For some further information, the holiday was booked as a package holiday for 2. One of the 2 had to be changed, and changing costs £700 for a new flight as "tickets had been issued and they cant do a name change". I cant quite figure out how compensation works for things when it comes to package holidays.    From what I can tell  - The plane was due to land in Turks and Caicos to drop off passengers, something happened during descent, resulting in technical fault.  - The rest of the original flight from Turks & Caicos -> Montego Bay was cancelled  - A New flight was put on today, which was then delayed by 1.5hrs aswell  - Hotel was provided for the night after much hassle.  - 1.5 days, 2 evenings of holiday lost  If I understand correctly, since the original flight (LHR -> Turks -> Montego Bay) was cancelled, they are both entitled to a refund on that full flight? I can't quite work out if they are only entitled to a refund for the equivalent of Turks -> Montego Bay, or for the full LHR->Turks->Montego Bay, since it was issued as one ticket/all Virgin, and they should have arrived yesterday..?)  I can't work out how to get the cost of that compensation, or whether its a set figure, and how the loss of days of holiday is factored in   I am aware:  If you received less than 14 days’ notice of the cancellation, you are generally due compensation, awarded in pounds or euros depending on where your flight was due to depart from, according to the following scale: £220 / €250 for all flights of 1,500km or less (e.g. Glasgow to Amsterdam); £350 / €400 for all flights between 1,500km and 3,500km (e.g. East Midlands to Marrakech); £520 / €600 for all other flights (e.g. London to New York). Compensation will be reduced by 50% if the arrival time of the replacement flight doesn’t exceed the arrival time of the original flight by: two hours for flights of 1,500km or less; three hours for flights between 1,500km and 3,500km; four hours for all other flights. So I "think" its £520pp for the flight part as compensation (7500km)... but some sites say its a full refund for the flight... is it both?  Thanks,  Ryan  
    • Our business was only transacted digitally as I was not in England at that time.  
    • Funny. But not sure I should ! Wondering if I could place pots and plants - which a) would look nice and b) would it then be trespass and interference of goods?
  • Our picks

    • 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
        • Like

Successful claim against HSBC *WON*


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I heard that people had been able to claim back charges a few months ago, but I thought it would be too much hassle to try. This was until I got a letter from HSBC this week saying that my overdraft fee is £100 this month plus £15 debit interest! I could not believe it!! £100!!! How can they justify that?? I have decided that I really need to claim back if I can - what have I got to loose? It will certainly sort my overdraft out and then stop these fees! I sent a DPA request to them on Saturday. I know it will be a huge amount, but I can't really guess. I know I've been charged about £80 in the past.

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I think I'm going to have a go at my credit cards as well as it is their interest that puts me over the limit. Also, I get late fees when I pay 2 days before hand on line and phone calls almost a week later saying I have not paid. I've had it with them and I'm going to sort it out once and for all!

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Guest Lueeze

Any fee's apart from those added when a service was provided (like setting up a overdraft-Banks can charge for this) are claimable....

 

Get them all for the last 6 years!

 

Good Luck

 

Lou x

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  • 1 month later...

I sent off my DPA recently and when I received all of my statements (about 30 individual letters on my door mat) for the last 6 years, I worked out that since I got made redundant from my job exactly a year ago, HSBC have charged me £575 in charges. These ranged from £30 'Card Misuse' to simply £100 'Total charges'. The 'Total charges' seem to me different to 'card misuse' as it was taken separately. As I was over my overdraft limit for over a week, I think they just keep charging more each day and it accumilates.

 

I sent my initial letter off to Phil Beaumont at HSBC in Leeds in the 1st of June and got a response yesterday - conveniently exactly 14 days later. The letter came from a Colin Langdale in the Service Quality team. They obviously have a whole department dealing with these claims now! Anyway, the letter reads:

 

"HSBC is... mindful of the management time and irrecoverable legal costs that it may incur in relation to such a claim. For those commercial reasons alone, and without any admission of liability whatsoever, HSBC is prepared to make a payment to you in the sum of £500 representing the charges applied in full and final settlement of this matter"

 

I am so pleased with this - it was effortless and cost me the price of a recorded delivery letter. I said if they only offered my £300 I would take it further, but £500 is almost all of the charges and I am choosing to accept this. If only because I am going on holiday in July and need the money in my bank account ASAP!!

 

I tried this with Virgin Credit card and got £70 refunded immediately as well!

 

Thank you so much for this site. Without you, I would still be £575 down and struggling for holiday money and my overdraft! As soon as I get my money, I will be donating 5% to you as gratitude

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CONGRATULATIONS

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Hi mate, congratulations on your claim.

 

Could you tell me roughly how long it takes from sending your agreement letter back to having your money credited into your account.

 

Cheers

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WELL DONE U!!!

 

We are just about to start the process with Lloyds TSB & Capital One.

 

This site is absolutely fantastic without we wouldn't know where to start. We have over 6yrs worth to claim when my husband was or tried to be self-employed.

 

We to, if successful would be only to happy to donate 5% of monies recovered after all we thought it would be totally impossible to claim back monies taken (making our lives a misery) in the process but now this site has opened our eyes.

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My acceptance letter went back on Friday by recorded delivery. It stated that if I did not reply within 10 days, then they would take it I was declining their offer. I will update as soon as I have received it to let you know. Iam going on holiday on the 10th July, so I'm hoping to have it by then

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WOW I hope when we start and are ultimately successful against Lloyds TSB and Capital One we can afford along awaited holiday weve never had.

 

If like us they have made you skint for many years you are totally entitled to ENJOY your holiday.

 

Well done.

 

Regards

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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