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    • See what the latest data on school suspensions tells us about the UK education system and early intervention.View the full article
    • The world's largest economy grew less than expected but rising inflation may delay a rate cut.View the full article
    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
  • 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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Hello I have today started the ball rolling by sending the first letter regarding the data protection act, on my wife's account. As I have already mentioned I was made bankrupt in 1993 and this hopefully will at least be partial revenge! I am looking forward to recieving their replies as this claim I am sure reach £10,000.

So this is one for the little man at last....John

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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I recieved a reply from the RBS office of the chief executive on 13-7-06 at 280 Bishopsgate London EC2M 4RB signed by Christian Masters in this letter he is claiming that a full briefing from those envolved will be carried out. I wonder what this can mean?

In the mean time Nat West bounced a cheque for £14 when the balance was +£8 and charged £38 which they refuse to refund. This was done when they knew that the account was being credited with more than £150 the next day, because banks are aware through there computer systems of any credit or debit which will hit the bank the following day

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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I recieved a reply from the RBS office of the chief executive on 13-7-06 at 280 Bishopsgate London EC2M 4RB signed by Christian Masters in this letter he is claiming that a full briefing from those envolved will be carried out. I wonder what this can mean?

In the mean time Nat West bounced a cheque for £14 when the balance was +£8 and charged £38 which they refuse to refund. This was done when they knew that the account was being credited with more than £150 the next day, because banks are aware through there computer systems of any credit or debit which will hit the bank the following day

 

Good luck & stuff the money lenders.

By the way your title is a little misleading cos the whole point of our fight is that money lenders are not acting legally so can hardly be described as Legalised Robbers

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  • 4 weeks later...

On about 1-8-2006 I recieved 6 years worth of statement badly packed and split, these had to be repacked by the gpo and coud easily have fallen out.2 days later yet another set of statements turned up! these to were badly packed but the contents in both packets were intact.

Looking through them I could see Nat West had done a proper job on all the charges it had taken and I was in for the long haul in collating exactly how much has been ******

It worked out to almost £13,000!

It is supprising how much interest mounts up, I was shocked.It has thrown up several questions, do I have to wait for there comments on data protection could I start the ball rolling now? Do I ask for the full amount or do I request payment in 3 stages so as not to going over £5000 if court proceedings are instigated Any suggestions will help.

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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You will be liable for their legal costs if it goes through any other route than the small claims court, also they will be less likely to defend amounts of £4.5k than £13k. But be careful when they settle (one of the ammounts) as they will say that this is full and final payment on the matter and as such if all the charges come from the same account then they could get up in court and enter that as a defense (the fact you have already settled).

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Thanks for that, that makes sense. I will be very careful how this is handled.

 

Watch out they may also state in "full & final settlement of any & all claims" If you have to sign anything when your offered settlement make it absolutely clear the you "only agree to accept the sum offered as settlement for you existing claim which amounts to £**** & that you reserve the right to take further legal action as may be available to you"

 

And this is one of those rare occasions when you should head your letter "Without Prejudice as to Liabilty"

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  • 2 weeks later...

Thanks all for the good advise I will be very careful how I word the 'taking you to court letter' I have last Tuesday sent a letter asking for full settlement but do expect a sod off letter which is what everyone seems to get.By the way I delivered one by hand(signed for) to the branch and one copy letter with a covering letter to the Bank's CEO this does seem to get a reply even if it is the usual standard letter.

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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I have today recieved an offer and need some advise. My wife has been offered £2877 in full and final settlement. I did request £11,000+ which is what the amount of charges plus interest comes too, should I accept this or how should I proceed. I am quite prepared to go to Court for the full amount (in a number of stages). What should I do, should I enter into a discussion with them or just send them a letter of my intent of court proceedings?

 

Also can and how (if I can) claim continuing interest charges up until the date of payment after all the banks would try to do this

Thanks John

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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Share on other sites

I have today recieved an offer and need some advise. My wife has been offered £2877 in full and final settlement. I did request £11,000+ which is what the amount of charges plus interest comes too, should I accept this or how should I proceed. I am quite prepared to go to Court for the full amount (in a number of stages). What should I do, should I enter into a discussion with them or just send them a letter of my intent of court proceedings?

 

Also can and how (if I can) claim continuing interest charges up until the date of payment after all the banks would try to do this

Thanks John

 

As we don't know your personal circumstances no one here can really advise you to accept or not. All I would say is £2877 doesnt even come near £11,000 & I myself would tell them to take their joke of an offer & stick it where the Sun don't shine....but not in them words you understand.

 

PS no matter what they offer refuse it if it's conditional in any way. You may find later that you have reason to after them again

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write and say that you will only accept the offer as partial settlement and that you will carry on with your claim for the rest, they wont pay you this money anyway once you say that

 

If you do write along the lines of something like

 

"In an effort to help mitigate yours and my losses & with a mind to costs I am prepared to accept your offer as partial settlement of my claim. If you refuse further settlement then I shall proceed with my remaining claim forthwith. Also I would remind you that until settlement is agreed daily interest continues to accrue at?"

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If you do write along the lines of something like

 

Although I do not consider your offer to be a genuine attempt at settlement I am in an effort to help mitigate yours and my losses & with a mind to costs prepared to accept your offer as partial settlement of my claim.

 

If you refuse to offer a full settlement then I shall proceed with my remaining claim forthwith. Also I would remind you that until settlement is agreed daily interest continues to accrue at?"

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  • 2 weeks later...

I have sent a letter (recorded delivery of course) stating that I am willing to accept their offer as only part payment.Also I have given them until 10Th September to respond otherwise I will commence court proceedings against them.

I have also informed them about the continuing interest charges is this OK as very little is mentioned about interest - can I do this?

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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Belive it or not it has only taken them two days to answer my letter.

It says that my letter has been forwarded to their Customer Relations unit -" a specialised team dedicated to resolve more complex concerns."

It is also stated that I will recieve a reply within 2 days! and it also gave me a PHONE NUMBER! 0800 0154212 so if any one needs to use it feel free

Meanwhile I await tomorrows post with anticipation.

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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  • 2 weeks later...

I did recieve a reply from Nat West stating that they were not going to offer any more than the amount they had already offered.

In fact the letter is worded in such a way that they were looking for a fight - I hope there not and the letter is only sent in such a way to attempt to frighten me off. No chance! in fact it has made me more determined so Court here we come.

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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  • 2 weeks later...

I am about to start legal proceedings against Natwest for about £4900 which is only part of the amount I have asked for. I am going to ensure that the litigation shows that this is only for part of the real amount owed because I dont want it to go over £5000 and the threat of possibly paying any of Natwest's legal expenses.

I am recieving income support does anyone know if I still have to pay for the litigation?

Any advise will be welcolmed.

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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  • 2 weeks later...

I've done it at last. On friday 6 October 2006 I finally lodged my claim with the County Court,this was done at my local cc not online as I am on benefits following 2 strokes and you have to produce documentation to prove you recieve benefits.

So this part of my litigation has cost nothing. One thing I did learn was that even the local courts are recieving lots of claims against banks and also if you are claiming on line all the paperwork is delt with at Northampton, does this mean that the banks solicitors only have to travel to the Northampton Court or does Northampton farm all of the claims out to the local courts?

If all the claims are delt with at Northampton surely it would be a good idea to use local courts instead of online although it is not as conveniant.

Is it not a good idea to give the banks a hugh legal headache by speading the area their solicitors have to cover.

As of yet I haven't recieved any claim numbers but as soon as I know it I will place it on the appropriate section of the website

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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I deivered the litigation forms to the local County Court and today I have recieved a form from the court with the case number on it. I know the site likes to keep tabs on all items where litigation has started, could anyone tell me where to put my details as I dont seem to be allowed access to the place where I think it should be put. Thanks

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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Share on other sites

I deivered the litigation forms to the local County Court and today I have recieved a form from the court with the case number on it. I know the site likes to keep tabs on all items where litigation has started, could anyone tell me where to put my details as I dont seem to be allowed access to the place where I think it should be put. Thanks

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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  • 2 weeks later...

Recieved back from the county court a letter stating that the defendant acknowledged the claim on the 24-10-2006 and that it is their intention to defend the claim. I need to prepare document to send to their solicitors but does anyone know how to record the Peter McNamara interview on to cd?

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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