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BankFodder

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Everything posted by BankFodder

  1. Let's see. I expect the MoneyClaim online will have it tomorrow and they will block your application. If you had applied straightaway today you might have gotten through but we will see. You shouldn't delay these things. Have set the cat amongst the pigeons if you had applied immediately and it had gotten through. That way EVRi would have been obliged to apply for the set-aside which would have allowed us to help you put some extra arguments as an extra leverage.
  2. Good. I hope you won't give up a single penny – including the damages which are claiming for the conversion. Can you remind me as to the other issues – to save me going back through this. Is there an insurance issue? Is there a third parties issue?
  3. In addition to the question – how did you pay? (Although I think I already know the answer – check our used car guide) – you have the right to reject the car within 30 days if it shows any defect. Although this is not going to help you find the dealer, you may as well assert the right immediately. This means that you must write a letter immediately – send it by first class recorded post and also by email. Point out that the car is defective and that you are asserting your rights under the consumer rights act and that as the defects have manifested themselves within the first 30 days, you are rejecting the vehicle and you want to know the arrangements for returning it and for it refunding your money. Do that straightaway. It is urgent. And then please answer the question put to you by my site team colleague above @Nicky Boy
  4. I'd like to start off by saying that it's a mystery to me why we have to prompt you to post documents which you have received. We are trying to help you and it is clear that we will need to see this information and it saves time if you just post it up without being asked. As you can see in their defence, they have referred to your undervaluation of £999 – and I think I have already expressed the view that it is unlikely that you will manage to recover more than that. It is clear that you will recover something. Your case is excellent of course because as we know, the insurance requirement is Unlawful under Section 57 of the Consumer Rights Act. Had you found some way of declaring value correctly then your £23XX would have been pretty secure. I think if you go to mediation then the best you can hope for is that they will settle for £999. I would be very surprised if you manage to budge them beyond that. If you go to trial then you can certainly argue the full amount. I think the worst that would happen is that the judge would find in your favour but only award you your £999. If you manage to make a sufficient case then you would get all you are claiming for – and we would certainly help you – but I've already expressed my reservations about your chances of success. So I think it's up to you. If you think that you are prepared to settle for the £999 which is what I think you are definite get a mediation and is what I think is the likely outcome at trial then you could go to mediation. Certainly, 1300 quid is a lot to give up and so you might well want to try your luck at trial and we will try to help you with inventive arguments and of course we will be extremely pleased if you win. If you go to trial – I think there is nothing to lose, you will get your £999 – that much is almost certain – with some ingenuity you might get. You choose
  5. Of course you should apply for the judgement. You are wasting time by asking.
  6. Write to the supplier and tell them that the item has still not been delivered to you. You understand it may have been left in a common area of the flats in which you live but that is their responsibility. You have already put them on notice that you have cancel the order as you are entitled to under the distance selling rules. You are still waiting for a refund but in the meantime you are planning to your credit card issuer. Complain to the credit card issuer By the way, if you are instructed to return it then they must provide their label and make the arrangements. The new circumstances undertake the return yourself because if it ends up going astray then you will be responsible.
  7. Please monitor this thread for a reply this afternoon Have they filed a defence? And have you posted it here in PDF format
  8. Please tell us how much you are talking about. It will help us to know the value at stake. However, don't worry. I would suggest that you write to morecroft and tell them that you won't be paying and that for whatever reason the suppliers and breach of contracts and that's what you will tell the judge as well if they want to bother to take it to court. And by the way, nobody will come knocking at your door. They would have to get a court judgement against you first before they could possibly instruct enforcement agents. What is the total value? After you have sent the letter which I have suggested, ignore all other correspondence unless you get a court claim in which case let us know
  9. ... well I wasn’t actually but some people thought I was and that was the story behind my second experience ever in prison – behind bars. (My first was in France – see the story of my train journey out of Paris in about 1969 or 1970.) Egypt in 1971 was full of the military. Army everywhere – and maybe it still is, I really don’t know. Even coming into Cairo on the aeroplane from Beirut you could see military encampments all over the place. I suppose they were meant to be camouflaged into the desert but it certainly didn’t work very well because I saw lots of them. Everywhere was full of soldiers, on buses, taxis, walking around and when I took the train from Cairo to Alexandria there were loads of soldiers there as well. I was travelling third class and so I sat on a wooden bench in a compartment. Unpadded. Windows wide open letting the sun and wind in and the heat out. The train was a long journey because it stopped at lots of places. African trains were very slow anyway because they used narrow gauge railway tracks unlike wide gauge which we have in Europe – and I suppose they have now modernised in many parts of Africa. A young soldier got in and sat opposite me. I suppose he was only about my age – late teens/early 20s. Nice guy and started to talk to me in broken English. I was unusual in those days because I was European and had very long hair down my back. He was interested, I suppose, in the standard of life in Britain and started asking me about the prices of various things. TV? About £80. Washing machine? I don’t know, probably about £100. (Don’t forget we're talking about the early ‘70s.) And frigidaires? What? Frigidaires. Frigi-what? Frigidaires. – Oh you mean fridges! You want to know the price of a fridge! Probably about £100. I thought no more of it and got off the train at the terminal in Alexandria. As I walked along the platform carrying my rucksack and wondering where to go, I was suddenly accosted by two armed soldiers and an officer and stopped at gunpoint. I was under arrest the officer said. No explanation. They took me off in the back of a Land Rover through the streets of Alexandria and I suppose we ended up in an army base and I was put into a prison, searched and then left there for a few hours. Eventually somebody came to the cell and ordered me out and I was shown into a room with a desk with an Egyptian officer on one side and an empty seat on the other side. “We know who you are” he explained, “why are you here?” I tried to say that I had no idea what he was talking about and that there was some mistake. The office insisted that there was no mistake. “Why do you want to know about the bridges?” “I’m sorry but I have no idea what you’re talking about.” “We know you are here trying to find out about the bridges.” I was starting to get frightened but carried on with my denials. Suddenly, the door opened and a young man was pushed in roughly flanked by two armed soldiers. It was the young guy who had been speaking to me on the train. Suddenly it dawned on me – “You’re talking about fridges! I was talking with this soldier about the price of goods in England and he asked me about fridges but he said Frigidaires and I didn’t know what he meant and then when I realised I suppose I exclaimed the word “fridges” rather loudly.” I was taken back to my cell. Luckily it was pretty warm because I wasn’t given any blankets and some pretty uninteresting mixture of beans to eat and sweet tea. Ful medames. I was there all the next day and into the evening and probably about 10 o’clock in the evening I was taken out of the cell and put in the back of a Land Rover and taken through some posh residential areas to a very nice looking house. I was ushered into a very comfortable office with a rather large gentleman in an expensive -looking dressing gown. I told him that they had made a mistake and that somebody had overheard our conversation and had misunderstood what was being said. The gentleman assured me that they do not make mistakes but that they were going to let me go. First of all I had to write a statement describing how I had been treated. You can imagine that I was prepared to sign anything. I was then put back into a Land Rover and driven once again through residential streets to a youth hostel which by that time – midnight – was closed. The soldiers knocked loudly at the door until the youth hostel warden came to the door. A rapid exchange in Egyptian Arabic and the warden let me in and showed me into a room where there was a vacant top bunk. I climbed up into the bunk and went to sleep very relieved. The next morning I woke up and climbed down from the bunk only to find that I recognised the guy sleeping underneath me – Simon XXX – who I had last seen a year ago in London and who had nicked my girlfriend. We went for morning coffee together and talked about old times. I have no idea what happened to the young soldier. I hope he was all right. As it happens, I had been in Israel about three months earlier and travelling on a second passport (you could do that at the time) I had the Israeli stamp put into that second passport which I then left with the British Embassy in Amman and asked them to send it to Nairobi in their diplomatic bag, which they did. I shudder to think what might have happened if I had kept the passport with me and it had been found by the Egyptian authorities – or later on, by the Ugandan army (but that's another story)!
  10. Please will you visit the thread relating to a claim against DPD in respect of the contract which was made through Packlink. In particular visit this post and download and read the attached document. To post down from there, there is another attachment which I think is called "query.pdf". Download that and read that. Visit the Packlink site and also the DPD site – and try to find the equivalent documents which relate to your contract with Packlink. They will probably be identical and I suppose they on the Packlink site. If you find them then save the link and also download them and put them on your thread. These are essential. Also, as I have said above, please produce your own draft document with well spaced and numbered paragraphs. Although it is not yet September, I think that there is a certain urgency about this because it might be a large job to get it perfect. I'm going to post a message to the owner of the thread to which I referred you to and ask them if they can help us find the Packlink document if it is on the Packlink site.
  11. Please can you post a link to the thread of falcon to which you have referred. Yes please. Prepare and then post the draft document that you are proposing to prepare and then we can have a look. Well spaced and numbered Paragraphs please
  12. Yes you must start again. As I've said before you're original letter of claim should be disregarded and we start from zero
  13. If you are happy with the additional edits which I have suggested – in red, then include them and said the letter. Make sure that you include copies of all the quotations that you have received so that they have a full file. No surprises. They must be perfectly informed. Start drafting a letter of claim which I think you should probably send in seven days assuming that you get no reply or else you get an unsatisfactory reply. Sign up to the County Court MoneyClaim website. Start preparing your claim. Post your draft particulars of claim here so that we can have a look. Don't forget that once you send a letter of claim – then there is no going back. There is no point making a threat and then not carrying it out. Your chances of success if the matter goes to trial are much better than 95% – the only matter in dispute will be the issue of quantum. This is why you will make sure that your figures are absolutely tight. Detailed, justified and supported.
  14. Don't worry about the quality of English. The letter is generally fine. However I think you should be addressing John Lewis all the way. The person you're writing to is working for John Lewis and so you should address him as "you", meaning them – John Lewis. If you want to say things such as "I expect better standards of John Lewis" – then John Lewis would be fine. Other than that things like – "you offered me a gesture of goodwill" – you is fine. Don't worry about it too much I'm being a bit picky I suppose but we might as well get it looking good
  15. Of course it would be helpful if you would identify the name of the claimant – the energy company I suppose and also tell us the whole story.
  16. You seem often to be referring to John Lewis in the third person as if you were addressing your complaint to somebody else. I would have thought that if you were addressing this to John Lewis then you address in the second person. I'm still confused
  17. I've made some additional edits in red – however it would be helpful if you would not redact the sums involved. I really don't understand why you would want to do this. Also, I'm getting confused. Who are you proposing to proceed against – the delivery agents or against John Lewis? And if it's the delivery agents, why?
  18. Yes that is right. Also you want the matter to be heard in your local court because you are a private individual and they are a well resourced company even though they are the defendant
  19. But telephone the bank as well Continuous payment authorities: it is your right to cancel WWW.FCA.ORG.UK Find out your rights when cancelling a continuous payment authority and what to do if your bank does not allow you to do this.
  20. Yes you have a good chance of success – but you need to give us more detail about dates, price paid, reasonable life expectancy for this model.
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