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    • did you submit your directions
    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
  • Our picks

    • 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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TSB being a bit shady ( again )


Psycho Bob :o)
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Hi, I've been paying Lloyds TSB a regular set amount via payment book every month for well over a year, possibly two.

Recently ( 2 months ago ) I made a payment ( which is always made via my local Lloyds TSB branch ) and I enclosed a letter requesting a new payment book be sent to me as that payment was the last slip in the current book, ( so giving them a month to get one to me so I could continue as normal )

 

2 months pass and still no payment book, I start to think maybe they've just scrapped the account, but then get a letter from them ( which was forwarded to me via a letter from my local C.A.B as TSB had sent them it, as my C.A.B had previously been dealing with the account ) requesting the 2 months missed payments. I wrote back to TSB again asking for a new payment book so that I can make the payments, and finally three weeks later a new book arrives.

 

On the very next day, I make a payment which included the two missed months plus this months payment.

 

Then... a few days ago, I get a letter from Credit Security Limited, The Old Court House, High Street, Whitchurch, Bucks, HP22 4JS

saying they've been instructed by their client to recover the outstanding debt; going on to say that unless there was a valid reason for non payment, then the full outstanding balance was due within seven days.

 

That's a bit rich!....... how can Lloyds TSB cause the delay in payment ( by not sending a payment book when requested in good time ), then use that as an excuse to farm out the account to a debt enforcement office? That smacks of rule breaking to me or guidance breaking at a minimum.

Also rather cheekily the CSL letter is dated 25th May , I get it 28th May, and there's this whole jubilee thing going on so extra bank holidays etc that conviently fall into their 7 day request.

 

What should I do ?

My next payment to Lloyds TSB using the new payment book is due in a couple of weeks.

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Keep on making your normal payments. Don't stop under any circumstances.

Write to lloyds a succinct bullet-pointed letter explaining to them what has happened and how they have failed to conduct your account correctly.

 

Threaten to sue them under BCOBS - (but only if you are prepared to carry out your threat.)

Then come back here and we will be delighted to help you all the way.

Chances of success:- 90%+

Chances that Lloyds will back down rather than go to court - 90%+

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You don't need to send anything to CSL, continue making your payments direct to Lloyds, there will be no repercussions except you feeling popular with all the fan mail CSL automatically sends you.

 

And lodge that complaint with the bank...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I think it'd be COBS , as it's a repayment agreement for a lloyds tsb credit card balance.What letter would I send to Credit Security Limited? and if none, what would the repercussions be from them or as a whole?

Yes, you're right - COBS. In whcih case if you brought an action it would be for breach of contract on the basis that CABs was implied into the contract.

It would be a delicious claim to bring and I expect that Lloyds would squirm and squirm

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and dont forget you did have a valid reason for not making a payment they didnt supply you with the means to do so i.e. a new payment book

HTH (Hope This Helps) RDM2006

 

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  • 2 weeks later...

Hi :-) Having looked again, it took TSB 4 Months to get a new payment book to me.

I've since had another letter from CSL DEMANDING IMMEDIATE payment of the outstanding balance or a DEBT COLLECTOR may call or the account could be referred for legal action.

 

This got my back up, how dare they! so I have written them a nice letter, pointing out what they've done wrong and tying them up in knots. My next regular payment to TSB is next week and I'll send it as per usual with my nice new payment book.

 

I'd love to know now, how would I go about suing TSB for breach of contract in the county courts, and how much will it cost me? What paper evidence will I require? Can I drag CSL kicking and screaming into it so they get a spanking too? ( they really are the most obnoxiously blunt debt recovery company I've dealt with yet )

 

Many Thanks

 

Bob :)

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