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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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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
      • 160 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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xpuser Vs Egg


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Well I have sent of my prelim letter today.

 

Hopefully this will be as straight forward as the IF claim.

IF Current A/C won

MBNA A/C 1 Settled in full

MBNA A/C 2 S.A.R - (Subject Access Request) Settled in full

Lloyds TSB CC - S.A.R - (Subject Access Request) sent

Citicard S.A.R - (Subject Access Request) sent

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  • 4 weeks later...

I sent my prelim letter by "recorded signed for" however visiting the royal mail website it stated that the item would only be tracked once it was delivered. I assumed that the royal mail may have lost my letter.

 

I therefore sent of another prelim letter a couple of days ago, and the same thing has happened...checking the royal mail web site it states the the item would only be tracked once delivered.

 

Has anybody else had this problem with egg?

 

I have sent both of my prelim letters to the following address

 

The Customer Relations Office

Egg plc

Riverside Road

Pride Park

Derby

DE99 3GG

 

 

Any help would be appreciated.

IF Current A/C won

MBNA A/C 1 Settled in full

MBNA A/C 2 S.A.R - (Subject Access Request) Settled in full

Lloyds TSB CC - S.A.R - (Subject Access Request) sent

Citicard S.A.R - (Subject Access Request) sent

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  • 2 weeks later...

have had a letter from jackie bradley, making me an offer that is valid for 2 weeks. The offer is only around 40 - 50% of what I have asked for.

 

Will ofcourse accept this as partial payment, and insist they give me the full amount. Will keep you informed.

 

Mistermind - did ask for Guy, was told he was unavilable.

 

Rang them today, ans was told another letter is in the post. Will see what that says, before I act to Jackies letter.

IF Current A/C won

MBNA A/C 1 Settled in full

MBNA A/C 2 S.A.R - (Subject Access Request) Settled in full

Lloyds TSB CC - S.A.R - (Subject Access Request) sent

Citicard S.A.R - (Subject Access Request) sent

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There has been a noticeable slowdown in Egg response (not hostile response, just slow response or silence) during August and September. It was as if key Egg staff went on hols with no manpower substitution. One or two signs that (hopefully favourable as before) action is resuming to clear the accumulated logjam.

 

 

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I have finally got round to sending my rejection letter to Egg. I have also enclosed a copy of my original lette and scehdule of charges.

 

Will now wait and see what they say.

 

The two weeks from the original prelim letter are over, however I will wait another week before I send the LBA.

IF Current A/C won

MBNA A/C 1 Settled in full

MBNA A/C 2 S.A.R - (Subject Access Request) Settled in full

Lloyds TSB CC - S.A.R - (Subject Access Request) sent

Citicard S.A.R - (Subject Access Request) sent

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IF Current A/C won

MBNA A/C 1 Settled in full

MBNA A/C 2 S.A.R - (Subject Access Request) Settled in full

Lloyds TSB CC - S.A.R - (Subject Access Request) sent

Citicard S.A.R - (Subject Access Request) sent

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