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    • Hi. Could you post up what they've sent please so we can see what the charge is? Cover up your name and address and their reference number. HB
    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
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    • 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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Income expenditure forms are they legally required to be filled in?


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Hi,

 

I have filled in forms before for my mortgage company and all that happened was thety returned pay slips etc. No discussion, no feed back said i could afford to pay and got a suspended repossesion order against me. The forms where filled in with the help of cccs and where actually showing a slight deficit when all was paid as creditors requested.

I was pursuaded after objecting to filling them in once more before christmas, that the company had changed their policies and now only wanted to help me. I filled them in they lost them and all paper work! I filled them in again but sent no paper work. they asked me to send nbank statments etc and also questions I thought unnessary.

1, i put down i spend £40 per month on pet food.( this is not an extravegant amount when you look at the costs associated with keeping pets from the RSPCA) they questioned this.

2 I put down £5 per week for other fuel ( its been really cold recently have they not noticed) for coal and they questioned this.

I do not go out dining or drinking, I havent had a holiday for years, I dont have sky, I dont have insuraces at all now, I dont lead an extravegant life style, I am annoyed at their attitude. I am trying to deal with debts and I have kept them informed constantly of work situation I was redundant and start new job tommorrow.

Do I legally have to fill in these forms as I feel I am being treated, and have been in the past, unfairly?

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Hi annabelle

Only a Judge/Court has a legal right to your I & E so you're under no obligation to supply a DCA with the info should you not want to

Some will say that supplying an I & E form can help a case but as you've seen if the DCA disagree with things (In your case pet food/ectra heating) they question it

I'm of the none of your business so bugga off group so you'll find this will generate a mixed discussion but in the end it's all down to you to decide and by the tone of your post I think you already have :wink:

Good luck

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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If you are claiming that you do not have enough money to pay your mortgage then they can be expected to make such demands for further information.

 

As already mentioned all you are really doing is giving them a view of your finances to which they are not really entitled, as you have already found, they will happily strike through anything which doesn't fit in with their unique standards of needs and requirements.

 

The only person who can reach an informed opinion on how much you can afford to pay is you,

the only person who is qualified to reach such an opinion is you.

 

A court can of course make a judgement on how much you should pay, but even then the judge would normally request clarification of your income and expenditure and unless you are obviously understating or overstating your figures, the judge will make a judgement based on what you can realistically afford. The DCA does not have any say at all in this process

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