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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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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.

      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.

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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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Please help - list of common failures


dave
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United utilities making me pay an estimated bill I disagree with. You can't speak to a person with any common sense or authority on the phone.

The Landlord of my digs has the same problem with Scottish Power but claims that (according to S.P. when he changed his supply to them) if we regularly email them the meter readings, then S.P. won't need to keep overcharging him. I replied that (IMHO) I think they're bull$###ting because they use the interest earned from the cash surplus as a source of profit, and, nothing short of taking legal action would have any effect.

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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  • 2 weeks later...

Re: earlier post BANK OF SCOTLAND - took 2 branch visits, 3 phonecalls, a letter of complaint and filling out closure form twice before they closed my 2nd account - this took 15 weeks in total instead of the 21 days it should.

Bank of Scotland account 1 - £2,666 WON

Bank of Scotland account 2 - £2,500 on hold

GE Capital charges -£30 won (hey, every little helps!)

Barclays Partner Finance £425 charges - £225 offer accepted.

 

Finally debt free after 4.5 years, thanks to my Debt Management Plan through Payplan. There is no better feeling :D

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  • 1 month later...

Bought new PC through the "IT through work" scheme.

 

After about 6 months it started overheating and shutting itself down so I rang the helpline. I was advised that this is an "environmental problem" and that I should open the casing and hoover out the fans.

 

I did this and everything was hunky dory for a few weeks until the graphics card failed. Engineer calls to replace it and tells me it isn't covered under the warranty and will cost me £160.

 

Why? Becase I had to remove the warranty seal to hoover the fans out, just like their advisor told me to:mad:

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BT wireless package received and installed following instructions. Over two months later, something fails (we think following weather conditions) and therefore we are unable to get any signal for almost a week. Call to BT to find out...

 

Indian bloke says 'unable to help because there is no wireless signal', therefore not BT's fault (:???:). Priceless

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  • 2 weeks later...

Ordered a phone from 3. On using the phone for the first time I realised two of the buttons didn't work. I rang through to their call centre in Bombay to explain the fault. I was told in no uncertain terms that because I had used the phone it was not 3's policy to issue me with a refund/replacement for the phone - it had to be repaired. The fact that I could not possibly know the phone was faulty until I used it was of no consequence. It seems UK law was of no consequence either! Arrgggggh!

 

Had to waste my time writing to their head office in Glasgow to get the matter sorted. Got a refund but no apology. I was told that the call centre staff must have gotten confused.

-->> Supporting Dog Rescue <<--

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Legal and General continued continued to debit house insurance premiums for 15 months despite the policy being cancelled in writing when I sold my house.:mad:

 

 

OK I should have noticed sooner but we have life assurance policies with them. I assumed the debit was for one of the policies.

 

I had major difficulties getting the money back. I could have used Direct Debit Guarentee process which Halifax were quite happy with, but opted to use complaints process, in hope I can claim interest on each payment. There would have been 15 seperate reclaimed DDs but the bank would have done it- credit to them for that (hurts me to say it). There would then have followed an arbitration process if L&G had wanted to reclaim the money, meaning it would have been taken out of my account at any time. I did not want to do that as I would potentially have faced bank charges for going overdrawn had that happened.

 

Effectively L&G said they had no trace of the cancellation. They wanted proof of sale, proof of other insurance, efore they would consider repaying. They claimed that they would have entertained a claim from me despite me not owning any property and most of our property being in storeage. I have proof of the tenancy agreement, meaning landlord has responsibility for current property and proof of soreage insurance. There is fat chance they would ever have paid out if I had tried to make a claim as T&C make it clear they must have been notified of material changes to my circumstances.

 

They have now acknowledged their "mistake" and I now have a substantial cheque on the way- £1022. It has alerted me to the fact that I was paying far to much for the premium (arranged by GMAC) and that i should not accept policies sold as part of a mortgage deal. Others please note.

 

The cheque will pay for the next chapter in my route out of debt. I am wondering about interest etc.

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  • 4 weeks later...

I was given a £10,000 loan by Advantage Loans.

 

The company tried to enforce repayments by using a non signed aplication form.

 

Want a loan? Go to them lol.

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

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Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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  • 5 weeks later...

Hello Dave,

 

one from the PPI forum.

 

RBS response to my SAR which was sent 7 Jan 2008 (the important bit):

 

"Finally with regard to the Direct Line personal loans that you previously held please contact Direct Line directly to obtain the information that you require.

 

Then I find out from the Direct Line website the following:

 

Legal: Transfer of Business (Transfer took place on 1 March 2006)

TRANSFER OF THE BANKING BUSINESS OF DIRECT LINE FINANCIAL SERVICES LIMITED TO THE ROYAL BANK OF SCOTLAND PLC.

etc. etc.

Then from the Financial Services Authority Register

 

Basic details for:

204458 - Direct Line Financial Service Limited

 

Current status: No longer Authorised

Effective Date: 04/07/2006

hope you can use this.

regards

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

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

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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  • 4 months later...

Hi Dave Black Horse finance Ltd have tried to charge me £640.00 in late payment charges, September 2008, a full two and a half years after the OFT statement on unfair charges. 8 @ £30 and 16@ £25.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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heres an interesting one:-

 

Argos refusing to accept gift cards due to them being "out of date", despite there being no use by date written on the card or on any of the accompanying paperwork.

 

oh!, heres another one, dont know wether this counts..

 

The jobcentre has various signs up saying "ask about training course X" or "you could be entitled to this additional benefit, ask one of our advisors", you ask an advisor, and they dont know anything about it, so you ask to speak to someone who does, and they dont know who to speak to.

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  • 1 month later...

BT kept me on the phone one occasion for 40 mins spoke to 10 different people who kept passing the buck. It has taken nearly 2 months, lots of time and calls to sort out the problem.

I have now had a refund but I Will be changing my supplier!

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Sky Tv... Cancelled my entire service in March 2007. Got a letter demanding £36 or debt collection agency will be involved. Phoned up and asked why? I cancelled a year and a half ago, their answer? I was still receiving sky news. I told them the sky box was now only a freeview box, with sky news being picked up by freeview. their answer, it's still one of our services. refused to pay, they knocked a tenner off. Told them to send another bill. Got the bill...£46!! Another phone call to a bemused sky person. I shall amend your bill, sir. Final bill...£16. LAst call to them, told them I'm not paying for something I haven't used, and why are these amounts changing so much. Their answer? Not our problem, the debt collection people will deal with it. In the end payed it to the debt people to wash my hands of sky.

 

6 times sky have called me since, asking to return to them!! Each time, I ask them to bear with me as I just heard breaking glass from the back room!! Leave em for 5-10 mins, pick the phone up and say sorry, can't speak now, my dog has exploded and put the phone down!!

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Sky Tv... Cancelled my entire service in March 2007. Got a letter demanding £36 or debt collection agency will be involved. Phoned up and asked why? I cancelled a year and a half ago, their answer? I was still receiving sky news.

 

 

thats funny because im doing the same as you.

i cancelled my sky subsctiption nearly 3 years ago and i can still get sky 3,sky news and sky sports news on my digibox.....which i can also get on the non sky freeview box i have upstairs in my bedroom.

 

take a look HERE (freeview TV channel listings), and youll see that all 3 of these channels are supplied as freeview.

 

however, if you look at the FREESAT channel listings, they arent included on the list....

 

oh dear, once again sky hve messed up and are now expecting their customers to pay for it..whoops!

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  • 1 month later...

T-Mobile keep changing me to online paper billing without permission. Each time I ring them and ask them to change it back to receiving paper bills as my internet connection at the moment is only through work. They change it back for a while and then when I don't receive a bill the next month - I know they've gone and switched me over to E-Billing...AGAIN!

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  • 1 month later...

4 month old sofas purchased from Homebase. The leather has started to come off on the seam - I am told this is wear and tear and common for this type of product......never mind the arm coming UNSTAPLED and has hole in the back where the corner has pirced a hole through the leather. Needless to say I am really angry and will take them to court if I have to!

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  • 1 year later...
  • 2 years later...

How about that - 8 months ago my baby's pram broke (frame ripped, wheel fell off). After lots of email exchange I was only offered fixed pram (although due to carrying a repair for over 8 weeks I had to buy a replacement pram for my baby anyway). They told me that during the repair they have misplaced my pram and cannot find it. They do not respond to emails or letter since. name of this company is Little Devils Direct from Glasgow.

 

Second nice one is Orange - they have a special sim offer for calls abroad (included in your allowance). I purchased it, called abroad, but was charged separately and a full rate. They explained that the offer doesn't work with the first top-up. Apparently it didn't as well with second. I contacted customer service, they requested it all in writing. I wrote to the provided email, got automatic response that it's a wrong email (still orange, but dealing with different issues). So called again customer service, again was asked to put it in writing, again received email back that Im contacting the wrong department (again address provided by customer service). I went 3 times in a circle like that and moved from Orange to 3. Never got money back because apparently I didn't raise the case in the correct way....

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  • 2 months later...

This has happened to me several times now with different services over the years, when the contract is up whether it be 9 months, 12 months or 18 months it's the same outcome... here's some examples:

 

BT: 18 month Broadband and Phone line Contract, Started at £26, end of contract they increased to £39.98 without making aware

Orange Mobile Contract: 12 month contract, Started at £34, end of contract they increased to £44.99 without making aware

 

Lesson learned, don't take if for granted that because you sign up for a service at x price doesn't mean it will remain at the end of the contract, funny really because in each scenario i found out months later and then contacted their customer service to be told the costs had gone up... sent to their retention's department to then be offered a cheaper rate, instead i just leave them for the cheek of charging more than i signed up for without notifying me, result = they lose a customer.

 

Their loss not mine in the long run but surely this happens to allot of people who then do the same as me...?

 

Sophie.

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