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    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
    • At a key lecture in the City of London, the shadow chancellor will also vow to reform the Treasury.View the full article
    • Despite controversy China's Temu is becoming a global online shopping force.View the full article
    • The retailer has come under fire for an advert showing motorcyclists wearing trainers and doing wheelies.View the full article
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    • If you are buying a used car – you need to read this survival guide.
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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.

      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
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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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anyone actually written off their credit card debt in full


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If the lenders cannot produce a signed agreement, many break the law and pass on the debt to a DCA who will harrass you by making relentless phonecalls, send threatOgrams ect. My advice to all is get a good solicitor who can advice you on how to proceed. Even if an agreement is produced still get a solicitor to give it the once over to make sure it's legal.

MM

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Quote:

Originally Posted by dx100uk

posts which keep bolstering the 'myth' that an unenforcable cca = the debt is written off are not helpful to anyone.

 

CAG is not here to assist people in avoiding paying their just dues, it is about getting even with these co's that charge unfair sums towards consumers.

 

IMHO this thread needs closing.

 

dx

why should these people get away with breaching the law if we cant get away with missing a payment or being late .... they deserve everything they get and I do not think it will end here.... credit reference agencieslink3.gif break the law by their shere existence, government ministers claiming expenses they are not entitled to and not going to jail,,,, would they allow me to pay back benefits that I had unlawfully claimed or would they throw me in jail " sorry judge fair cop I will pay it back and carry on like nothing has happened" cheers ... I dont think so... when are we going to get united and do something. look around, what has happened to our great country that we all appear so proud of.... it is in a right mess....to say the least and getting worse not better... where do you go to complain.... MP's ,only in it for themselves, lords selling favours, courts overbooked and judges often not versed with all aspects of the law.... where does it end who can help?????

 

we need many many marc ganders... uk26 is fighting CRAlink3.gif's, we should all support these mavericks as they have reshaped democracy for the many... get on board and support... lets get back to basics , manufacturing etc... lets not bail out banks with billions that dont even exist in paper form.... lets do what we can to push these villains over the edge... whilst they sit in mansions never having to work again for the rest of their families lives we suffer and their actions push our families into a spiral of deprivation and dispear....

 

please dont say if you have spent it then pay it back.... I spent £1000 buying furniture on a credit card and with charges and interest I will end up paying approx £5000 back to this **** so once my £1000 is paid back am I ok to take them to court for their breaches will I ever see my extra £4000 ,,, I doubt it.. they have been repaid and some...

 

I agree with you desigaand, CAG is no place for censorship or judgementalism...then it would have become worse than the authorities...people only seek out this kind of help when they are in dire straits ... and they should be allowed to express themselves freely and give advice to others freely. Anyone who comes to this forum can read advice and experience from everyone, it's up to them to work out which advice to give more weight to. There shouldn't be some dictator saying who can talk and who can't and what they can say.

 

Everyone started somewhere and learnt the hard way that they needed help by getting browbeaten by all sorts of authorities that claimed to be acting in for the consumer (the CAB, solicitors, the OFT, FOS, even the banks). Instead of trying to censor ordinary consumers, just help them with your advice.

 

And here is my advice...don't go to a solicitor, you may find they are very limited in what they want to involve themselves in, and may not have the wealth of knowledge that you can find on this forum...start a thread, post up your own agreement, ask for comments...go searching for information others have received on their agreements...start thinking of this as a long term project/hobby where you are going to build your own case, even if you decide in the end (if it ever does go to court) to employ a barrister to argue for you. There are loads of cases that don't get to court because the arguments consumers make are so sound the banks don't want to risk it. There are others that go to court and the consumer wins. And then there others where the consumers lose. It is all here on these threads...more collective experience than most solicitors can ever hope to acquire. Find out the strengths and weaknesses of your particular case by researching these threads and you will be more powerful yourself for it.

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hi desigaa, your post 50 is identical ti mine in 29, I should take you to court for plaguerism;-)

 

hi fergal,sorry about that,i couldnt be bothered to type an answer,also your answer was so good so used your wording.please dont take me to court lol i got enough court cases to handle at moment.

if you want me to remove post let me know .

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  • 1 month later...

Hello

 

Can anyone advise me

 

I asked for a copy of the Credit Card Agreement which I signed

 

but it does not say anywhere about varying interest rates

 

They sent me a separate leaflet about varying interest rates - but its only a leaflet, not signed by me.

 

so can I challenge it ?

 

My interedt used to by 12%

 

Now its 23.9%, I pay nearly £100 in interests !

 

Any advise ?

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  • 1 month later...

hi , new to this so here goes.

 

i desperatley need some help advice on my current situation. Firstly before now I had no credit problems, used credit cards alot over the last 20 years, nearly always cleared the balance the next month, no history of missed payements- thats the background.

 

Moved to Spain a few years ago, at the height of the boom, sadly.

 

in very simple terms life in Spain has not been good, low paid work and subsequentlt cc debts have increased always hopeful that work would turn around. Added to this property value has dropped by 40% plus. Due to recent further reduction in income can no longer service cc monthly payments.

 

I have not asked for a copy of the Credit agreement yet, I am talking to family and friends to see if I can come up with a lump sum to offer F&FS.

My house is worth less than the mortgage and secured loan to the builder.

 

I have stopped paying monthly payments because I have nothing left each month, in fact its only freinds and family who are helping me monthly. I cannot afford to employ a solicitor and sadly as I no longer live in the UK iva does not appear to be an option

 

The questions

 

Should i be asking for a copy of the credit card agreement?

Can a ccj be issued if you no longer live in the uk?

Has anyone had a similar experience, if so what advice can you give from your experience?

 

Any guidance advice would be gratefully received many thanks

 

expat1

Edited by expat1
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