Jump to content


  • Tweets

  • Posts

    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 160 replies
    • 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
        • Like
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2272 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have a default with QQ dated 16/07/2012 it should fall off my file July 2018.

Will it stay on my file after this date if there is still a balance on it or will it be removed regardless.

 

 

Can they add another default at anytime?

Link to post
Share on other sites

Regardless of the state of the account/debt, whether it is paid or not, it will auto drop off your file 6 years after it was

first placed on there.

 

And no it can't be re-added.

Defaults only have a six year shelf life, once they drop off then they are gone for good,

but don't expect them to stop with the demands for payment, even when it is statute barred!

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!

 

 

Link to post
Share on other sites

  • 3 months later...

I have 2 'loans' with QQ. In fact I only have 1.

 

Main loan (rolled over)- 28/03/2012 - 500

Finance charge - 147.5

Late fee - 12

Balance - 659.5

 

Roll over fee - 29/02/2012 - 500

Finance charge - 147.5

Late fee - 12

Balance - 159.5

 

I have since paid £320-330 which has resulted in smallest loan account being closed, and the rest being put towards the biggest loan.

 

I am wondering if QQ are trying to play me and make me pay the finance charge & late fee twice?

 

My credit report has my balance as £499 but I think it should be £340 ish.

 

I have stopped paying the last few months and just received a letter today trying to locate me as I moved house.

 

Should I get back to them ask for a full breakdown? When it was 'sold' to ARC they wouldn't give me one.

 

EDIT: Also which credit report is the best to look at?

I have Noddle (call credit) & now ClearScore (equifax) and both are different.

 

ClearScore has none of my payday loans listed but Noddle does.

 

ClearScore however doesn't show the status of my accounts so it doesn't show defaults.

Edited by debrag15
Link to post
Share on other sites

I sent an email to QQ earlier in reference to the £659.50 loan and they have admitted in a reply the £147.50 is an extension fee.

Therefore I am refusing to acknowledge the smaller loan for £159.50.

 

Unfortunately ARC assigned my payments to the smaller loan first, meaning that loan is now paid off.

They then sent QQ any payments after the fact so £170.50.

 

1) Why didn't ARC sent QQ the money from the start?

2) Why weren't ARC assigning the money to the main loan after the small loan was paid off?

 

Kind of sounds like ARC owned the small loan but QQ owned the main loan. ARC & QQ are probably the same company.

Link to post
Share on other sites

They cannot refuse to send you a breakdown of the debts and should be sending you regular statements.

 

If you have any correspondence from ARC, they should identify at the bottom of the page if they have any link to Quick Quid ?

 

Did you receive a Notice of assignment when the debt was supposedly sold/assigned ?

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

Link to post
Share on other sites

they haven't refused to send me a breakdown. I already have what I posted above from them and today I got information about the 'main' loan.

 

From what it sound they care charging me twice for the rollover fee.

Link to post
Share on other sites

  • 4 weeks later...

I got a breakdown of the main loan via post last week.

 

They are not mentioning the 'rollover' loan and claim only £90 has been received leaving my balance as £499.

 

Main loan = £659.50

Payments = £160 (ARC) + £170 (direct)

Balance = £329.50

 

They have applied £159.50 to the 'rollover' loan which I dispute stating I still owe £499.

 

I have a mind to just start paying them £5 till it falls off my credit report in a few years.

Link to post
Share on other sites

  • 4 weeks later...

Quick Q on your last point debrag15.....

 

Whe you say 'falls off your credit report', what do you mean exactly?

 

I've heard and seen snippets with regards to a company only being able to post to your credit file for 6 years.

 

Is is this in which you refer?

 

I ask as I've had QQ post to my credit file for almost two years now.

 

Will this 'fall off' after the 6 years is up, or 6 years after I settle?

 

Thanks.

Link to post
Share on other sites

Fall off Simply means it will automatically be removed

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

Link to post
Share on other sites

  • 1 month later...

my account has gone back to QQ, when I log into QQ I have no current loan and no loan history.

 

Should I contact them to inquire as they have sent me a breakdown previously or just say nothing and wait for the post?

 

I've since moved addresses so it could be a while, if ever.

 

I had intended to pay them £5 a month but that's their loss.

 

My default is dated 16/07/2012 and should come off my file August 2018, in under 3 years.

Link to post
Share on other sites

  • 2 months later...
So I got a breakdown of the main loan via post last week. They are not mentioning the 'rollover' loan and claim only £90 has been received leaving my balance as £499.

 

Main loan = £659.50

Payments = £160 (ARC) + £170 (direct)

Balance = £329.50

 

They have applied £159.50 to the 'rollover' loan which I dispute stating I still owe £499. I have a mind to just start paying them £5 till it falls off my credit report in a few years.

 

I did decide to only pay £5 a month to ARC.

 

The first payment went through then I got an email to say they no longer hold the account and it's back with QQ.

 

Went to pay QQ this month and the £5 has been returned from 'qq/p2p'.

 

Spoke to them via live chat and got told ARC still hold it, tried ARC and they don't recognise the ref number anymore.

 

I have emailed QQ to tell them all this.

 

I think I shall continue to pay them £1 a month & if it gets returned no-one can say I didn't try to pay.

 

I keep getting them 'if you don't pay...' emails.

 

The wording never changes.

You'd think they'd have taken me to court by now!

 

It falls off my account July 2018 so not too much longer.

 

Will wait and see what their next move is.

Link to post
Share on other sites

Dont pay another penny until they get their act together. Just keep the money in your bank and once they figure out who owns the debt, then pay them

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

Link to post
Share on other sites

  • 1 month later...

UPDATE:

 

I just checked my noddle report and I no longer have my 2 defaulted QQ accounts on there, not in the open or closed section.

 

I only have the 3 close none defaulted accounts that fall off Jan 2018.

 

Does this mean they have sold it to someone or that I no longer own them anything?

 

I am still getting the auto 'pay in 60 days' emails which I just ignore.

 

Have I had my loan written off (just read the guardian article),

 

I've had no email about this and they don't have my current bank details or address.

 

Too scare to inform them

Edited by debrag15
Link to post
Share on other sites

  • 1 year later...

I have had a qq loan in the past (2012).

 

I disputed it and since then I've had the '60 day over payment' email going back at least as far as 2015.

 

The default is dates May 2012 so due to fall of my report May 2018.

 

Today I have received via email a 'notice of assignment' from Motormile Finance.

 

Should I ignore it,

remind them that the account is in dispute or send them the prove it letter?

 

I'm getting confused now.

 

27/01/2013 Last email sent saying I was in dispute over the balances and the debt being assigned/sold to ARC. ARC couldn't give me a breakdown referring back to QQ, QQ claiming they didn't hold my account anymore!

 

21/08/2015 Email sent requesting a breakdown as I disputed the balance amounts.

 

12/09/2015 Last email sent/received over the balance dispute

 

24/11/2015 Notice of Payment 60 Days Overdue emails start arriving almost weekly til Dec 2017

 

21/12/2017 Notice of sale email

 

04/01/2018 Notice of assignment email from Motormile

 

It drops of my credit file in 5 months but when would/should it be statue barred?

 

I think I shall get a 'prove it' letter as well as a CCA request letter in the post ASAP

 

If Motormile do own the debt then should the closed defaulted QQ record on my credit file be changed to Motormile but the default date stay the same?

 

29/01/2017 QQ claim my balance is £494

 

05/01/2018 ARC claim my balance is £589 (appears to still be active)

 

04/01/2018 Motormile claim my balance is £489

 

This has been going on for years not sure what the balance should be.

Link to post
Share on other sites

Threads merged under one username.

 

Regards

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

id be blocking their emails

who ever told you to email any one regarding debt wants shooting

if you have not written to the OC or anyone that has chased this and ANY of your other debts with your correct address

id be doing so

 

you seriously stand a risk of backdoor CCJ cause you think its smart to hide...

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... 

Link to post
Share on other sites

I'm not quiet sure why you think I am trying to hide.

 

As I said I don't remember the last time I paid them anything. Ignore the following:

 

05/01/2018 ARC claim my balance is £589 (appears to still be active)

 

That was for something else.

 

I'd forgotten about the whole stuff in 2016 about the accounts falling off my report.

 

Both are back but only one is defaulted.

 

It appears it may have been written off then put back on, who knows.

 

I am more than likely going to try and offer a F&F on the £489 anyways

Link to post
Share on other sites

I've had no email about this and they don't have my current bank details or address.

 

Too scare to inform them

 

have you informed in writing QQ or anyone your change of address since moving?

 

if not you stand a big risk of a backdoor CCJ from MMF and that's one of their favourite party tricks.

 

i'd not blindly be paying anyone yet...

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... 

Link to post
Share on other sites

QQ have my address,

I have only been getting emails not letters through the post.

 

MMF could give me a CCJ in it's last 5 months on my report :

 

Surely I need the 'claim before court' letter or whatever it's called before they can do anything.

Link to post
Share on other sites

good

so all MMF are doing is saving money and using a cheap method to harass you.

 

bounce their emails back and block them.

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...