Jump to content


  • Tweets

  • Posts

    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
    • India has thousands of small gold refineries which are facing more competition from big players.View the full article
  • Recommended Topics

  • 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
      • 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
        • Like

tanzi10 v RBOS


tanzi10
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6235 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I sent my LBA on 6th December and heard nothing until today when I received a letter from Sandy Watt in customer relations apologising for not responding sooner and asking that I bear with them as they are currently investigating and will respond as soon as possible. I had the court summons prepared before this letter which I was going to hand in to the court on Monday. Should I proceed with the summons, wait and give them some more time or phone customer relations and tell them unless they pay up I will proceed with the summons?

Any advice is appreciated.

Link to post
Share on other sites

Yes proceed with the summons, Keep to your timetable. they will delay you as long as possible.The quicker you proceed the sooner you'll get your cash.

 

 

Best wishes.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

I decided to phone customer relations to hear what they had to say which of course was a waste of time. They are considering each case individually and due to the volume they can't give any timescales as to how long it will take to consider mine. I feel a bit of an idiot for allowing them to delay me but am going to hand the summons in next week. Am I correct in saying that with summary cause I have to wait for the papers to be sent back to me with the return date and then I have to get a sheriff officer to serve them on the bank? How long does it usually take the court to send the papers back and do they then have to be served on the bank within a certain time?

Any help appreciated

Link to post
Share on other sites

Hi, Tanzi.

 

Yes the court will send your Summary Cause papers back to you in about 3 to 4 Days. They also give you a list of Local Sheriff's Officers who will serve the claim for you. You have 21 Days before the return date on your papers to serve the claim.

 

Hope this helps.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

  • 1 month later...

I have been out of the country for a month and just got back to find a letter from Sandy Watt at customer relations offering £1410 in full and final settlement of my claim without admission of liability etc. The actual amount claimed is £1298 charges plus £421 interest, total £1719. Their offer does seem reasonable but I am thinking to phone them to see if they will pay the full amount or at least increase the offer. The return date for the summons is 27th February and after phoning the court yesterday I know they have not submitted a defence yet. Should I hold on and see if they put a defence in, as if they don't I win by default, or should I contact them now to see if they will up their offer?

Any advice appreciated

Link to post
Share on other sites

Best bet is to just respond either by phone or mail accepting it as partial settlement and state that you will be looking to claim the full settlement.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

Link to post
Share on other sites

  • 2 weeks later...

I decided to accept their offer and wrote saying I require payment by cheque as the account they wanted to pay into is now closed. This was on 22 February but I have not received the cheque as yet. I have since learned after contacting the court that they intend to appear in court on March 6. It seems strange to make an offer and then defend the case in court. Not sure if their is some tactic here or if there is no communication between customer relations and their legal people, so it looks like I have to go to the court on Tuesday with their letter of offer which seems a bit pointless. Is this normal? Does anyone have any experience of this?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...