Jump to content


  • Tweets

  • Posts

    • It is essential that you find out where the car is.  It is also essential to find out whether what you signed was an authorisation What precisely it was that you authorised.  I expect it was an authorisation and it certainly is going to be a big problem that you didn't read what you signed.  However you must find out and you must do it as quickly as possible.  If necessary start telephoning people but read our customer services guide first.  But then render everything in writing  
    • There are 19 documents received from SARS request, spread out over 2 messages too big to put all on one. I have also received the Notification of allocation to the small claims track hearing for beginning nov 2024 SAR Info provided 150124 by Dcblegal-11.pdf SAR Info provided 150124 by Dcblegal-12.pdf SAR Info provided 150124 by Dcblegal-13.pdf SAR Info provided 150124 by Dcblegal-14.pdf SAR Info provided 150124 by Dcblegal-15.pdf SAR Info provided 150124 by Dcblegal-16.pdf
    • 050124 DcbLegal-1_1.pdf 050124 DcbLegal-2_1.pdf 121223 DCbLegal_1.pdf SAR Info provided 150124 by Dcblegal-1.pdf SAR Info provided 150124 by Dcblegal-2.pdf SAR Info provided 150124 by Dcblegal-3.pdf SAR Info provided 150124 by Dcblegal-4.pdf SAR Info provided 150124 by Dcblegal-5.pdf SAR Info provided 150124 by Dcblegal-6.pdf SAR Info provided 150124 by Dcblegal-7.pdf SAR Info provided 150124 by Dcblegal-8.pdf SAR Info provided 150124 by Dcblegal-9.pdf SAR Info provided 150124 by Dcblegal-10.pdf
    • From the Law Gazette. Paula Vennells had faith in her lawyers - and threw them under the bus. Post Office Inquiry: Paula Vennells trusted her lawyers and then threw them under the bus | Law Gazette WWW.LAWGAZETTE.CO.UK If we are to believe the former chief executive, she was simply too trusting of her general counsel.  
    • Thank you dx. Not very nice reading, but I have learnt a bit, I will need to go over some of them again later.  Something I picked up from those posts are Auxillis use of tick boxes and electronic signatures.   I need to find out what the tow truck driver made me sign for.  He put the car on the trailer and locked it down, then got a phone in a big protective case out and just handed it to me. I didn't even think what I was signing, I presumed it was related to the condition of the car on retrieval from the ditch and their collection and assumption of responsibility for the insurance company.    unclebulgaria67, I struggle to easily write concise, to the point posts.  I thought that my initial post was already too long and wordy so tried to keep it brief and to the point. I didn't write every moment of the accident the way I told the police or insurers because most of it would be a waste of your time as my innocence is not my concern. The other party fled the scene.  My immediate concern is my car being taken without consent, stored where it will accrue charges, get treated in any manner of ways because they assume its getting written off and dont need to look after it and then possibly taken to a car auction site where I will have to pay additional fees to get it back if it is declared a write off. I am also in increasing amounts of pain in my lower back and neck and ever increasing sense of injustice and foreboding.    I do not see how my original post could go 50/50 personally, but I am reading my words with the images I have in my head, so have taken your warning on board and will make sure I don't mess up on any other documents.    So as far as I know someone from Vizion who have been hired by Auxillis is going to assess my vehicle at some point in the future.  The form I filled in for Vizion said that an approved assessor would attend my house to assess if the car is worthy of being repaired.  My car is not at my house, why the discrepancy? I agree that it is likely that they are not going to want to repair my car, I think it is worth it, I know what I have done to keep it sound, but market value and the astronomical cost of repairs...  Which is why I am worried that my car has been pulled in to a scam against my consent. How much is it going to cost me to get it back when it could be sitting on my drive.  It is just being used to charge someone storage, then will go to copart and they will charge someone storage, then they will charge me a release fee and I will have to find a way to get it back to my house which will cost more money.  All when I repeatedly requested that the car be taken off the truck when it was outside my house.    I have advised Auxillis that I repeatedly requested my car be taken off the tow truck outside my house and was not listened to.  I stated that I was left feeling that my car had been taken without my consent and was not provided a valid reason for them keeping the car.  I want to know where my car is, why it is there and would like it brought back to my house to await their assessor who already thinks the car is at my house.  Sorry bankfodder i forgot to ask who authorised it, but i will ask. 
  • 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
      • 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
        • Like
  • Recommended Topics

Unenforceability Cases on hold until further notice


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5333 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

  • Replies 1.5k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

hmm thats interesting

 

we are not far from that area, and we havent had anything like that sent trough, infact weve got around 50 claims in progress at this minute

Edited by citizenB
Link to post
Share on other sites

Everybody see this - Stay on Unenforceable Agreements

 

This is fascinating...if I'd known about this yesterday

Edited by citizenB
title amended on moved posts

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

Link to post
Share on other sites

Everybody see this - Stay on Unenforceable Agreements

Attached Filespdf.gifEnforceability decl 06 05 09.pdf (26.6 KB, 0 views)

 

a few 'carefully selected cases' - carefully selected to ensure the debtor loses, I presume:mad:

 

Wondered when they would find a way to close the door on unenforceable agreement claims - the creds just have too much to lose:(

Edited by citizenB
amended title on merged posts
Link to post
Share on other sites

If genuine, this smells rather like the Judiciary swinging in behind the banks. This is probably the first step towards fudging another big issue to give the banks a reprieve from another one of their messes.

 

No doubt the Test Cases will be selected very carefully, to give them the results they want. In the mean time, they'll be busy working out how to water down/fiddle the next edition of the Consumer Credit Act to castrate it still further.

 

What ever happens, I somehow doubt this will be good for the Consumer.

 

Cheers,

BRW

Edited by citizenB
amended title on merged posts
Link to post
Share on other sites

Two things strike me about it...100k claims all requiring judgement on enforceability (this must be a bank or debt buying DCA)...probably from the cheshire area.

 

The other is the proposal to stay the claims, only seems to be affecting cheshire

Edited by citizenB

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

Link to post
Share on other sites

I think that we need to keep a close eye on it...

 

If there are test cases and they get sent to the Commercial court that in itself wouldn't necessarily be a bad thing - the OFT case against the banks is an example but the issue of course is how the courts select the test cases.

Edited by citizenB
amended title on moved posts

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

Link to post
Share on other sites

Chester - MBNA ??

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Whats the significance of Cheshire-and in particular Chester......MBNA live there ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

CB -we are all thinking the same;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Chester - MBNA ??

 

Now that is a thought isn't it

  • Haha 1

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

Link to post
Share on other sites

I have been sent a copy of a letter supposedly written by a firm of solicitors called Ultimate Law Limited which seems very implausable saying that all cases regarding unenforceable credit agreements have now been put 'on hold' pending some test cases in London.Sounds very fishy,ant comments?

I have copied and pasted the text below

 

6th May 2009

 

Dear [client]

 

PPI and Unenforceability Claims

Yesterday evening we received notification from the court in Chester that all enforceability claims are to be stayed pending a decision of a few select “test cases” in London.

We appreciate that this news comes as a great disappointment to our clients.

We would now clarify the situation as follows:

1) Credit Card & Loan Enforceability Claims

Where we are pursuing credit card or Loan enforceability claims, these claims have now been stayed. That is to say they are on hold awaiting the outcome of test cases that will be heard in London.

 

We cannot advise how long this process will take – it could take some considerable time – probably in excess of 6 months. As soon as there has been a decision by the court in London, we will update you and advise you of your options. If the stay is lifted, it may then be possible to continue to progress your case to court.

 

Whilst court action is no longer a route open to us, we shall continue to progress cases directly with lenders and endeavour to reach a satisfactory outcome without recourse to the courts.

 

It is important that you continue to meet your monthly payments on your credit cards / loans unless we advise otherwise.

 

If you have advised us that you wish to pursue the refund of credit card charges, we will continue to progress this aspect.

2) PPI claims

PPI claims are separate claims to unenforceability claims and can still be progressed. We will continue to progress PPI claims accordingly.

 

It is important that you should continue to meet your loan payments as they fall due unless we advise you otherwise.

We understand the disappointment that this news brings and will of course update you as soon as the situation becomes clearer or there has been a development with your case. In the meantime, we would kindly request that you do not contact us, as we have no further information other than that which is referred to in this letter.

Yours sincerely

Ultimate Law Limited

Link to post
Share on other sites

sounds like a load of crap to me, anyone? heard of this, What is the test case supposed to be testing?

 

I reckon they are working for the credit card companies

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

I googled them and couldnt find them, what is their address, emails, co number etc?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

This sounds like C**p

 

Cant see the need for a test case, Wilson pretty much took care of that

 

Do you have claims in via one of these firms that sort it for you?

 

If not, it sounds like the craftiest move yet by a lender to get you to pay

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

Link to post
Share on other sites

Just googled

 

They are indeed a claims management company

 

Sounds odd still though

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

Link to post
Share on other sites

I googled them and couldnt find them, what is their address, emails, co number etc?

Name & Registered Office:

ULTIMATE LAW LTD

18 THE DOWNS

ALTRINCHAM

CHESHIRE

WA14 2PU

Company No. 06632455

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5333 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...