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    • Would this be OK to send or is it too much detail already ?   "In response to your letter dated  xxx Intention of Prosecution reference xxxxxx I would like to advise that no collision / accident took place at the given date / time / location. There was however an altercation with the driver of a commercial vehicle who punched and kicked my car, verbally abused me when I stopped and acted in a distinctive threatening and aggressive manner. I advised I would be reporting him to his company for threatening behaviour and vandalism for punching and kicking my car whilst driving past in the road. When I tried to take a photo of his number plate, he came towards me in a further aggressive and threatening manner, so I decided to retreat into my car and lock the doors before he could reach me, as I was frightened he may assault me. I drove off and when I checked my phone later , the photo was regrettably unusable, as the camera couldn’t focus properly when I rushed back to my car. So I decided not to report him for his threatening behaviour and actions, as at the time I believed he would be untraceable anyway. So I am not sure if the accusations against me are in relation to this altercation, but no actual collision took place at this time , date and location as alleged in your letter"  
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • They have been sending messageslike " Do you want a refund or not"  which ive said im at work just try and avoid their childish obstuctive replies as ive had enough of them but i plan on going up tomorrow , so my question is,  they have to give me a refund dont they, they can not bargain or refuse the refund if they havent checked the phone first ? Their previous messages have said they want to check the phone first before a refund is given and i think theyll try this tomorrow as they have argued all through this .... If that happens can i just walk away and then send the letter of Particulars which is due next week ? Edit :   Just for the record the phone hasnt been used since buying its been put in a protective bag and put in a draw , its in the same condition as i bought it
    • To be fair ,  she has responded and said she's on holiday but returns Sunday and will bank transfer when she returns and i think i believe her.
    • Checking hi-tech with low tech - Wales leading the way Growing Mid Wales, an organisation set up to bring together the private and public sectors alongside the Welsh Government, has launched a mobile mapping project to track areas of poor mobile phone signal Powys and Ceredigion. They will be using bin lorries which have signal detection equipment installed, and thus able to create a comprehensive map of mobile 'not-spots' in the area, since those vehicles will be visiting just about every property in the area on their usual rounds. Just a moment... WWW.THINKBROADBAND.COM  
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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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help please - problem


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Hi, sorry to go on, but do I just carry on with my claim even with the test case going on? Should I just send the second letter now, having sent the first one a few months ago? Should I then start court proceedings, even with the test case happening? Could someone just clarify please? Thank you.

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Yes you can carry on with your claim.

 

And file when you are ready or can afford. As long as you are aware there is a chance of a stay, but have a read around the stay forum to see how things are progressing there.

The link is in my signature.

HOW TO...DUMMIES GUIDE TO CAG...Read here

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EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 3 weeks later...

Hi everyone again. Sorry. Right I heard nothing from my lba, so I am now at the court stage. BUT my claim is for pre-six years as well as about £300 they have taken since I got my original payout. Should I drop the pre-six years money and just go for the rest? Or should I wait until after the test case - I'm on benefits and can't afford to lose the court fee. I don't know what to do.

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There is nothing to say you cant claim pre 6 years.

 

And if you lose (which is doubtful) you cant lose the court fee if you didnt actually pay them.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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I'm agoraphobic and I can't get to the court, so I will have to do it online and pay - that's what I did last time. But I am only on benefits so I would really need to get the fees back. Oh well - I will go for it and hope for the best. Thanks for your help.

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Thank you so much. I will do that.

 

I'm just filling in the thingy form - this one - http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf - is that the right one? I am really struggling with this though. Do I use this information - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html or the link that says new POC for Halifax?

 

I am really stuck. Please can someone help. I would like to get it sorted tonight and send it off tomorrow if possible.

 

I have done the spreadsheet with the 8% interest, but I don't know how to do the daily rate thing.

 

Please help. Sorry to be a pain.

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Yes that's the right form. You can either print it off and fill in by hand or fill it in on screen But you cannot save it so make sure you print several copies before closing.

 

Use the new POC's. On the form put' See attached sheet for Particulars of Claim' and print the POC's on a plain sheet

 

Daily rate is just your charges(without s69 8% interest) x 0.00022

 

eg £495 x 0.00022= 0.1089p rounded up = £0.11p

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Thank you very much. I am doing it all now.

 

My claim before interest is £799.50 so the daily rate is 18p I think?

 

Where can I find out the court fee please? I have looked on the online claim site but I can't find the list of fees - I had it the other day, but now I cant find it lol.

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im really sorry for all the questions but i dont want to get it wrong. I am just about done now. One more question - do I still add the £75 to my claim even though I am asking for exemption? Should I leave the court fee off of the N1 and the particulars?

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Do I include schedule 1 with the particulars? I dont understand the significance of it.

These are extracts from the T&C's, which in simple terms say you must not go overdrawn. The fact that you did means there was a breach of contract and therefore their charges are not for a service but a breach of contract
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thats great, thank you very much. i think ive done it all now. ive got the n1, the poc (3 times) and the spreadsheet, which is schedule 2 isn't it? Got that 3 times too. Also got the financial help form.

 

so do I send the n1, the financial help form, 3 poc's and 3 spreadsheets all to the court?

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