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    • Thanks everyone for all your help, but unfortunately my case was dismissed. This is the 2nd time I've had this happen now so I doubt ill be taking on any parking firms in future sadly. The judge said I lost it on the grounds that the sign said I had 28 days to declare who the owner of the vehicle was, and said I should have complied with this.  My costs are Judgment for the claimant £133.33 Issue fee Hearing fee Solicitors costs - total £265 grand total £398.33 Do those costs look about right?
    • In that case I don't think you'd have any grounds for a claim against the receiver, short of anything actually criminal. The receiver was appointed by the lender so any claim you make should be aginst them. How much equity do you reckon there was when they took possession? Realistic value less outstanding balance (including arrears).  This messing around makes me wonder even more if the property was wildly over valued. Normally a lender would sell and not really care if they got the best price so long as they covered the balance plus their costs. 
    • Hey @lookinforinfo I'm not sure, I don't believe he told them he's the driver. He must have selected an option saying that he's appealing on behalf of the driver or something of the sort. In more news, however, these wannabe thugs are back at it again. Honestly, what a joke. In the letter they sent before this it said they had made "2 attempts" and in this letter they said "4 attempts", I wonder what happened to the "3rd attempt" lol.  WhatsApp Image 2024-04-18 at 14.06.07_44abc9c8.pdf
    • Hi all, I purchased a car in January from Big Motoring World Leeds. At the time of sale I was shown a tab on the salespersons computer marked 'service history' and I was able to take comfort knowing that the car had been serviced on 3 occasions as the date, mileage and company was there on screen. Being a 3 and a bit year old car that, in my mind, constituted full service history 🤷‍♂️ Anyway, collected the car a week later. Once home I settled down to through the book pack etc. Opened the service history booklet and it was completely blank. In addition there were no invoices detailing that any services had been done. I duly contacted BMW and asked them to supply me with proof of service history. They responded saying that on their 'vehicle documentation checklist' I had ticked and then signed to the fact that I had seen the service history and that I was happy with it. I dug out this checklist and what it actually states is 'seen service history online' which I had in the showroom. BMW seem to think that this satisfies their responsibility in providing service history. The reality is that I don't have any proof that the vehicle has ever been serviced! For my own peace of mind I ended up paying for a service that satisfied the manufacturers maintenance schedule to the tune of £330. I even complained to the finance company that the vehicle contravenes the Sale of Goods act 2015 as l, in effect, ot is not as described. Amazingly they weren't interested and instead I just got an email stating that it's not illegal to sell a vehicle without service history and that servicing costs were part and parcel of vehicle ownership. I've since complained to the ombudsman and am awaiting to see if they can help. I have no issue with the car but the treatment and customer service has been the worst I've ever experienced. I don't really know what to do next as I really do feel aggrieved that I've had to pay to service a car that should have already been serviced. Can anyone point me in the right direction please? 🙏
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
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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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Mental Capacity and debt


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Whilst looking to help a new poster I came across this very good PDF and I am hoping it will be of some use for the forums if so please feel free to read share and use it.

 

 

It is a very good document about how debt could/should be handled in 12 steps and 12 questions from The Royal College of Psychiatrists and has many case studies for reference and has the names of some well known DCA's EA's and other institutions.

 

 

This is a 2nd edition of the document and was published in November 2014. It will pay anyone reading the attachment to read it entirely before posting thoughts back.......

 

 

Your thoughts please

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A note to site team if this is of use in other forums please feel free to move this thread as I chose this one as a lot of posts are made here, but may be of use elsewhere

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Great find both.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 3 months later...

No link mikey

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

It was there at one time but here is the PDF I think is the same I linked to originally

 

 

Original link http://webcache.googleusercontent.com/search?q=cache:vaDO9m8w6goJ:www.rcpsych.ac.uk/pdf/Debt%2520and%2520MH%2520-%2520evidence%2520report%2520(10_12_17).pdf+&cd=1&hl=en&ct=clnk&gl=uk

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  • 1 month later...

Six months have passed since I made this post and only now are the DCA's doing something about it, maybe just maybe it could happen. I have started a post on this here http://www.consumeractiongroup.co.uk/forum/showthread.php?451299-Awards-ceromony(3-Viewing)-nbsp

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Not sure where to post this argument here on this thread or the other one in the bailiff section so have decided here and to link to this thread for further discussions...

 

 

I think this is an important to add here due to the thread and other things so your thoughts please... See below for the link...

 

 

http://blogs.lexisnexis.co.uk/randi/...cial-receiver/

 

 

The link to a case referred to in the above can be found here

 

 

http://www.mentalhealthlaw.co.uk/Haw...1)_EWHC_36_(Ch)

 

 

Although this case is significant in as much was for bankruptcy it can easily be used for all levels of debt and with that in mind this info could be of use for many....

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the first link you provide mm is quite worrying.

 

Not only was the petitioning creditor aware of Mr Brister's mental health problems and didn't put them before the Judge in time, but the Finance company was also aware of the problems that Mr Brister didn't understand the terms of the loan in the first place, they had him as working 16 hours per week when in fact he was retired.

 

Sadly Mr Brister died and it was left to his nephew as Executor to bring this back to the court.

 

The 2nd link appears to be broken.

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the first link you provide mm is quite worrying.

 

Not only was the petitioning creditor aware of Mr Brister's mental health problems and didn't put them before the Judge in time, but the Finance company was also aware of the problems that Mr Brister didn't understand the terms of the loan in the first place, they had him as working 16 hours per week when in fact he was retired.

 

Sadly Mr Brister died and it was left to his nephew as Executor to bring this back to the court.

 

 

The 2nd link appears to be broken.

 

 

As normal you find something good it gets messed up so here is the ruling as a PDF see below... This is why I prefer to add the PDF before the link breaks...

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I think that needs several readings before understanding will set in, MM :)

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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But the longest read is on this one Mental Capacity and Deprivation of Liberty, a consultation paper 2015 see the link or the PDF as always. It is a huge read so very sorry for that....

 

 

The second is on Mental Capacity and Finance here in Essex a useful read....

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Why thank you, MM :lol:

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It is a huge read so very sorry for that........

 

I'm sure we can pick out the salient points tho, cheers MM, (I charge £45 an hour...:kiss:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

Further reading for those interested regarding debt and the MCA the FCA uses this as well and can be found in CONC 2.10 or here if you want an easy link to it see here https://www.handbook.fca.org.uk/handbook/CONC/2/10.html

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I can go one better I hope you like the link too see here https://www.handbook.fca.org.uk/handbook/CONC/7/10.html

 

 

PDF from here https://www.handbook.fca.org.uk/handbook/CONC/7/10.pdf

 

 

I have added CONC 7 in its entirety as well... See second PDF (1st one)

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