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    • If a DCA supplies a reconstituted copy of the CCA what would be the next step? It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
    • Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed some of the worst tendencies in British politics”. “The only way to think about it is as a psychodrama enacted, for the most part, by a small group of middle-aged men who went to élite private schools, studied at the University of Oxford, and have been climbing and chucking one another off the ladder of British public life" Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ WWW.INDEPENDENT.CO.UK The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed...  
    • UK travellers are being caught out by post-Brexit passport rules.   When do I renew my UK passport and what is the 10-year rule? WWW.BBC.COM UK travellers have been turned away at airports because their passports are not valid for EU travel.                                   
  • Our picks

    • 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.

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      Many thanks 
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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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brighthouse want there stuff back what to do?


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hi every one i am new on here, anyway i have 2 computers with brighthouse and a big t.v and im about to go bankrupt (d.r.o debt releif order) and have paid just over half of the price of the items and really dont want to give them back what shall i do? would moving the items for a few months elsewhere be a good idea? what stuff can they take out of your house? washin machine? cooker? fridge? kids toys and clothes? can they even enter my house without a court order? what can they do as im going bankrupt anyway so cant continue paying them. is there any ways around it? what if i said i sold the goods to pay some other debts? whats the worse they can do? shorely not court and then prison? all the best

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well firstly, you need to do some reading in this forum upon other peoples experiences.

that by far is the very best way to answer all of you questions.

 

the more you read, the stronger you become.

 

but just to get the ball rolling.

 

BH nor anyone has the right to enter your house, seize gooods, theirs or otherwise so get that out of your head.

 

the ONLY people that can do that are court bailiffs and thats AFTER its been to court & getting that far is a VERY long long way away for you....if EVER.

 

obviously we know little of your history behind your DRO thinking, BUT i will say this much...is there a need to do this?

 

pers i think not, this site is a wealth of info supported by a very knowledgable membership.

 

may i suggest you p'haps outline your troubles so other could p'haps recommend betterways of dealing with your debt issues.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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would moving the items for a few months elsewhere be a good idea?

 

There is no need to move the items as Brighthouse CANNOT enter your home and just take the goods. You have paid more than one third, so you have lots of rights.

 

what stuff can they take out of your house? washin machine? cooker? fridge? kids toys and clothes?

 

Brighthouse can't take anything without a court order, no matter what they say.

 

can they even enter my house without a court order?

 

Nope, as you have paid more than one third. If you fall behind with payments BH must first issue you with a default notice and give you the 14 days to rectify the problem. Only after this could they pursue court action - this is unlikely as I have never heard of BH taking anyone to court. If they turn up at your door demanding entry, tell them to go away (in words of your choice). If they refuse, then call the police (non-emergency number) and make sure the BH staff member (who is pretending to be a bailiff) knows you are doing this.

 

what can they do as im going bankrupt anyway so cant continue paying them. is there any ways around it?

 

I am unsure how HP comes into a bankruptcy.....It's not my strong point.

 

what if i said i sold the goods to pay some other debts? whats the worse they can do? shorely not court and then prison? all the best

 

If you sold the goods, then that is theft. They could have you arrested and prosecuted, so prison could happen. I strongly recommend you forget this idea.

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