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    • Thanks very much Bank. I have topped and tailed my LOC and printed off a copy which I shall post tomorrow by First Class post at my local post office and also obtain a proof of postage. I'll also email them a copy. I've opened a MoneyClaim account, and shall now begin work on my draft Particulars of Claim which I shall post here for your thoughts. And I shan't be using the Moderation service.
    • Yes, it struck me this morning that I'd got it wrong    - no involvement of UKPPO in any previous Tesco thread    - there would have been an entrance sign to a Tesco car park    - CCTV isn't something associated with Tesco car parks. Presumably whoever runs the car park has put CCTV at the electric, and probably BB, areas, done absolutely nothing to stop abuse, and then rubs their hands in glee every time the CCTV catches a motorist out. You can pay £60 and this will go away. Or you can defy UKPPO and rely on their non-respect of POFA, consideration period, etc., should they be daft enough to do court later down the line.  We would support you all the way.
    • thats not the way to do it sorry. sorry so what is your problem? that vanquis paid the £560 or that they are now chasing it? how old is this debt? dx  
    • If you visited Qatar you could be detained at the border, if the debt has been notified.  If you are only in transit and do not seek to cross border into Qatar you might be ok, but you may want to seek formal advice about this.
    • Howdy, I had a short lived credit card with Vanquis that I did not need. I paid it off in full and called them and closed it with the person at the other end. 2 months later they started sending me messages about late payments, I called them and to find out that the card had not been closed in error and 6 weeks after it should have been closed they paid a google debit of £560. I hit the roof and made a formal complaint that took them well over a month to respond to. They agreed they were at fault, refunded all late payments fees and offered me £100 in compensation. However they said the debit amount stood as 'I had benefit from it' and I should get a refund from google. I hit the roof again but they have stuck to their guns. The debit from google is a genuine one but I wanted to dispute it with google so closed the card so they would have to engage with me. But surely that's neither here nor there surely? What is the next step? Ombudsman takes forever doesn't it?  thanks in advance
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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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Egg Credit Card / Apex and Egg Agreement Confusion


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egg closed thousands of CC accounts that weren't in default, claiming the agreement had a clause allowing them to close accounts at any time.

 

IMHO. a clause for them to close an account (or rather, end the agreement) at any time contradicts the CCA. if an account is in default, they have to issue a DN and give time to rectify. If rectification is made, the CCA prevents them doing anything. They could though, just close the account without a DN by virtue of 'the clause'. They could wait to see if rectification was made, and if not, close it by virtue of the CCA provision. If it was rectified, they could use their clause to close the account.

 

Clauses like that undermine the CCA. Just imagine, a CCA agreement meeting the requirements of the CCA, and other clauses over ruling the CCA protection. Just imagine the scenario, they attract you with an interest free period, persuade you to transfer a balance............. and when you do, they close the (non default) account by virtue of their clause, and then bring into play another clause that allows them to increase the interest rate permanently to a ridiculous level in the event of the account closing...... None of that would be against the CCA, but is arguably unfair.

 

I'm sure all agreements contain those clauses allowing them to close at any time, but they're against the spirit of the CCA at the least. The CCA is silent on the issue of closing non default CC accounts, so its up to a court to decide if such clauses are in keeping with the CCA. I don't think they are, but it looks like the courts may disagree. I don't think its been argued that allowing them to close accounts by virtue of their clause can be used to undermine the provisions of the CCA by closing rectified accounts.

 

I'm in the same boat with my egg card - they closed it as soon as I told them I had money problems (so much for keeping them informed). The last word I had from them a few months ago was that they were selling the account.

 

I have found egg the most dishonourable duplicitous conniving bunch you could imagine. EVERY letter is written to cause confusion, to avoid providing information, and to simply wear you out

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  • 5 years later...
Folks - I have never been told that my account was terminated. They have two entries - 9 months apart stating TERMINATED AGREEMENT ACCOUNT.

 

On my CC documentation it also states that my Card Account is ACTIVE, in May 2010, but Apex claim to have been sold the debt in 2009. I was orignally telephoned repeatedly by Apex to pay up because I had failed to keep my agreement with them! As I didn't know who they were - I told them to take a long and mind expansive run off a short cliff which wasn't received too well! Egg have never confirmed thye have sold the debt - nearly a year on! However, this site has helped me enormously and I am slowly making headway.

 

This saga continues on and on.

 

 

Today I have received a letter Cabot Financial UK Ltd telling me that my Egg Current Account (never had one) has an outstanding balance. They are going to refer me to Fidelite so they can visit my home.

 

 

I last advised Apex that I would not correspond with them further in December 2010, having not had documents sent in the timeframes specified. They carried on for a while and then Cabot appeared a while ago. I've been ignoring them so far as I don't think they have any rights if Apex dropped the ball in 2010, why would Cabot be able to pick it up and run with it now?

 

 

I am going to send a CCA to Cabot and a further letter regarding sending agents onto my property, etc, My last letter to Apex was in July 2010 but I did have a SO still going to Egg until Sept 2012. Where do I stand? Do I just send the CCA? Please advise.

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I have read this thread with interest. I have a strange situation with an old egg Credit Card which is detailed on another thread but my saga continues on and on.

 

Today I have received a letterlink3.giffrom Cabot Financial UK Ltd telling me that my Egg Current Account (never had one) has an outstanding balance (I assume Credit Card). They are going to refer me to Fidelite so they can visit my home.

 

I last advised Apex that I would not correspond with them further in July 2010, having not had documents sent in the timeframes specified, not been advised by Egg that the account had been re-assigned and the Egg account was still active at the time. They (Apex) carried on for a while (until June 2015) and then Cabot appeared a while ago. I've been ignoring them so far as I don't think they have any rights if Apex dropped the ball in 2010, why would Cabot be able to pick it up and run with it now?

 

I was going to send a CCA to Cabot and a further letter regarding sending agents onto my property, etc, because I don't want some idiot stressing out my family. My last letter to Apex was in July 2010 but I did have a SO still going to Egg until Sept 2012. I have had no notice of re-assignment at any time.

 

 

Where do I stand? Do I just send the CCA? Please advise.

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ignore them

the debt is now statute barred.

 

 

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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ignore them

the debt is now statute barred.

 

 

dx

 

Thanks for coming back to me dx100 - sorry I didn't mean to post in the wrong place.

 

 

Even though I continued to pay after I thought I didn't have to pay them, the debts are still statute barred? Is this why they do not appear on my credit file?

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if a debt was defaulted more than 6yrs ago it wont show

theres no link between defaulted date and SB date mind

 

 

so when was your last payment

you appear to indicate it ws plus 6yrs ago?

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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Share on other sites

The standing orders were left being paid until Egg returned the monies without any warning

- card last payment was 09/12 and loan was 02/13.

But I had continuously refuted the debt based on an unlawful agreement since 05/08

and never acknowledged any debt to

(nor ever paid any monies to) Apex who claimed to take over the debt in 11/09.

 

I had 2 debts with Egg at the time, credit card and loan and I challenged both.

 

 

Apex claimed to have been assigned the debts but I never had any official notification from Egg

when I challenged Apex, they didn't provide me with copies of the agreement within the specified timeframe

- requested mid January, arrived 3rd week March 2010.

 

 

So I ignored all their letters until Jul 2010 and Dec 2010 when I told them they wouldn't hear from me again.

 

 

This latest lot of correspondence is from Cabot who have threatened all sorts of stuff so far but I have not responded and I just keep getting letters until this one saying they will send someone for a home visit....?

 

 

I was going to send another CCA but is it worth it when Apex didn't hit the date they were supposed to?

 

 

I was also going to send a letter stating that they are not permitted on my property without my express permission? Is it worth sending that one as well?

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do not send anything.

simply invites letter tennis.

 

 

dirty mac brigade have no legal powers and rarely turn up

IGNORE

unless /until you get a claimform

 

 

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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