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    • 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
    • Sorry,  I'm not familiar with terminology.  Direction questionnaire is what I've seen online as next step. Witness statement: I haven't gone that far, that's why I put the question marks.
    • 2. Is correct disregard 1. You must attend ad per the order 
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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 
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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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Continuous Rollovers - Complaint to CCTA and FOS


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Hi

 

I took out a small loan of £75 towards the end of December due at the end of the month. I rolled over that month paying £22.50. Every month since then it has rolled over without me asking and without them telling me.

 

In March I made a complaint via their online complaints page. A month later no reply. I called them and asked why it had rolled over so many times to be told "its in the T&C" and "we only take the full payment if you ask us"

 

OK........

 

So, waiting for the 8 weeks to be up from my initial complaint, I submitted my file to the CCTA and the Ombudsman.

 

I got an email from the CCTA yesterday asking me to call Paul at Cash Genie as he had been trying to contact me. Phoned them, Paul was on the phone, told I would get a call back. Nothing yet.

 

Checked my bank this morning and Cash Genie took the rollover payment again and the capital payment of £75.

 

Should I just wait for the Ombudsman?

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Why havent you told your bank to cancel the payments and start chargebacks for unauthorised transactions?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Why havent you told your bank to cancel the payments and start chargebacks for unauthorised transactions?

 

I'm concerned about telephone calls to work and home - it would be highly embarrassing.

 

I mean, if I asked for a one month rollover, do I add up the subsequent interest payments and if they total the initial capital + interest, reclaim the rest?

 

I do want the ombudsman's complaint to carry on

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You deal with calls separately by way of a formal complaint. THe bank is the one to cancel the CPA not the lender. It is very rare youll get a PDL to cancel a pretty much guaranteed method of payment.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You deal with calls separately by way of a formal complaint. THe bank is the one to cancel the CPA not the lender. It is very rare youll get a PDL to cancel a pretty much guaranteed method of payment.

 

Had a call today from Paul Geary at Cash Genie. £90 overpayment being refunded. Advised still proceeding with Ombudsman complaint and, as calls are recorded, asked him to listen to my previous call when I was lied to about what were in the t&c

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Make sure you get that promise of a refund in writing.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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They have tried this with myself and a couple of others. I got a refund. It no good them saying they roll it over unless told otherwise. From their terms and conditions it states that they will collect on the payment day the full amount ( in 2 parts, one being the calital and 1 being the interest) unless you ask for a roll over. As you did, once, then my understanding is that you are then provided with a new agreement (am I correct?). This new agreement should then start as before where it collects the 2 payments as before.

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