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    • Speeding (Revised 2017) – Sentencing (sentencingcouncil.org.uk)  
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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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Catalogues/mail order


tiglet
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Hi

 

Loads of people on this site (myself included) have apparently been given misinformation by these types of companies and the DCA's they employ.

 

I personally have been told that mail order companies do not have to have a CCA and are not bound by it's conditions.

 

I emailed their trade body MOTA today to ask them to clarify if this was indeed the case.

 

I received the following reply:

 

"I confirm that our members are bound by the Consumer Credit Act."

 

If you look on their website, you will see that they also specifically refer to the CCA in regards to their codes of practice.

 

There is a list of members on the site, who have obviously joined in part for the credibility belonging to this association gives.

 

Therefore, a little more ammunition for those of us being told they do not need to provide CCA's.

 

 

If they can't provide a CCA when properly requested, then it's not the consumers fault.

  • Haha 5

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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As requested, here is the full email (with identifying details cut out):

 

Dear Sir/Madam

 

 

Would it be possible for you to answer a question for me. Upon perusing your website, I noticed the following on your factsheet:

 

 

"Credit If you are selling goods on credit then you will require a credit licence from the Office of Fair Trading, London. Any documentation, which you use in connection with any credit sales, must comply with the Consumer Credit Act, in particular the Regulations, which have been issued under the Act."

 

 

Could you please confirm to me whether your members who offer credit facilities are bound by the Consumer Credit Act?

 

 

Many Thanks.

Tiglet

----- Original Message -----

From: Vikki Jolly MOTA

To: Tiglet

Sent: Monday, September 24, 2007 12:06 PM

Subject: RE: Enquiry

 

 

I confirm that our members are bound by the Consumer Credit Act.

Regards

The Mail Order Traders Association

PO Box 51909

London SW99 0WZ

T: 020 7735 3410

W: www.mota.org.uk

 

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Well that's jolly nice to know ;)

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Good old RW (don't want to get told off by mods for calling them anything else;) ).

 

They seem to think this is the case - would like to see them prove it in a court of law.

 

I really, really would ...

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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  • 5 months later...

thanks tiglet for that little jem of info .

Cant wait till RW me old muckas get in touch again

Think il tell them

Write out 1000 times I MUST LEARN THE RULES .

CAG v dca

 

CAG EVERYTIME .....

KEEP RIGHT ON TILL THE END OF THE ROAD ........

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Be careful quoting replies to queries raised by other people in your challenges - if you want the same information, write to them yourself and get the same reply, otherwise the information is hearsay and can't be used effectively in any challenge.

 

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I would agree - you can also look at their website, however, which gives the information quoted in post 6 - I merely asked them to confirm what they had written on their website.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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  • 7 months later...

Although they may not be a member of Mota, they are still covered by the CCA rules if it is a catalogue.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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