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    • No change in advice. Get the purchaser to take lots of photographs and if possible send you back the empty box – you will have to pay for that I suppose but you will get it back from EVRi. You may want to send a slight amendment to your letter of claim – but the date stays the same. Get a move on so you can get the claim filed well in advance of the compulsory mediation date which quite frankly will only get in your way especially as it is new and nobody really understands the rules yet
    • Good evening guys many thanks for your posts and advice. Im sorry for the late reply but i fell asleep on the sofa when i got home.  The good and bad news is that the case has been discontinued, the bad news is the claimant did not inform me of this. I wasted fuel and paid for 2 hrs of parking to find this out.  Not that it matters now but the lady in reception told me that the county court was in Gloucester today and not Cheltenham however my letter clearly says Cheltenham. So i'm assuming the county court moves between the 2 courts. I was actually looking forward to getting a judgement in my favour but it was not to be. The woman told me that the claimant should have informed me.  Anyway guys i thank you all times a million for your professional assistance with this one. It looks like they new they would lose and gave up, its appalling that they allowed to waste the court's time as well as mine.  
    • An interesting moderation debate chaps! But something very strange has happened with my claim today. Shortly after I posted the Letter of Claim to P2G I received a text message from them - "Your parcel (P2G-123005161) was delivered at 12.55 to CF5 *** (original buyer's post code) with Evri Drop-off"  I messaged the buyer (who I refunded in full (£265) for the original non-delivery on 27 March) and asked if it had indeed turned up. He confirmed it had been delivered and taken in by his wife, with a photo taken to confirm delivery. But the box I'd so carefully packed the clubs in was, of course, empty, except for the original packing material I'd used, and the buyer's details which I'd also included in the box. I'd used getting on for half a roll of heavy duty black ducktape to seal the box, especially at both ends, and the buyer advised one end had been cut/torn open (likely when the 8 golf clubs were extracted) and then loosely resealed.  Needless to say, no explanation for the 1 month delay in delivery, and Parcel2Go have emailed me this evening to advise they've decided not to approve my claim as 'The parcel started to track'. Grateful for your thoughts on this significant new development. I presume the onus is now upon me to prove the parcel was empty upon delivery - how would you suggest I tackle that? And should I draft and submit a new Letter of Claim to P2G, resetting the 14 day clock?    Many thanks G59 
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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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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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