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    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
    • In anticipation of lodging my court claim next Weds 1 May (14 days after advising P2G that was my deadline for them to settle my claim) I have completed my first draft POC as below: Claim Claim number: xxxxx Reference: P2G MAY 2024   Claimant xxxxx   Defendant Parcel2Go 1A Parklands Lostock Bolton BL6 4SD  Particulars of Claim The defendant has failed to arrange for the safe delivery of the claimant's parcel containing a 8 secondhand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx   Details of claim Amount claimed £276.80 I look forward to your thoughts and comments guys! As ever, many thanks - G59    
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    • 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
      • 161 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
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Payday Express, Cash til Payday


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Hello All,

 

Happy New Year Everyone.

 

I will try and make this very brief, the long and the short of it is that I had about 3 payday loans on the go at the same time and kept rolling them over for a period of about 2 years. They were quiet high sums, £700-£1,000.

 

As you can imagine, my credit history has always been really bad and I was/am just about surviving.

 

I sent a request to Payday UK for compensation and they have come back with "they can't provide me with a final response although they continue investigating my compliant."

 

They have said refer it to the Ombudsman, which I will. I think they have looked at my claim and thought if it goes the FOS route that might get away from irresponsible lending.

 

I have all the monthly agreements on my email but is there something I should be wary/aware of before I go to the FOS?

 

Thank you.

Jigs

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Why do you think it might veer away from irresponsible lending ?

 

Have you checked your credit reference files - did they do credit checks on you before and during the loan period ?

 

Have a read round other threads where you will find similar issues and I will ask fkofillee to look in on you.. so hold fire until you have other contributors to your thread.

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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Why do you think it might veer away from irresponsible lending ?

 

Have you checked your credit reference files - did they do credit checks on you before and during the loan period ?

 

Have a read round other threads where you will find similar issues and I will ask fkofillee to look in on you.. so hold fire until you have other contributors to your thread.

 

 

Hello CitizenB,

 

I thought that might want me to go down that route as they have nothing to lose. Maybe end up paying me less by a decision from the FOS for the amount of months i actually rolled the loans over.

 

I have looked at my bank statements that show me "rolling over" these loans on a monthly basis. Quik Quid, Wonga, Payday UK and Cash Til Payday.

 

Looking at the amounts now, I was literally paying one and borrowing from the other to do it.

 

I have not checked my credit files yet.

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You will need to gather all the evidence so that you can present your claim to the Financial Ombudsman.

 

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?455382-Were-you-caught-in-a-Pay-Day-Loan-Trap-You-may-be-able-to-make-a-claim

 

^^^ The above guide is worth a read.

 

And the link below is a thread where someone else had continually rolled over loans in order to keep on top of the payments there might be something there that would be able to help you move forward.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?457677-Im-looking-for-some-advice-Piggybank-Sunny-Wonga(1-Viewing)-nbsp

 

I have asked others to look in on you - so do wait until they have before you make any move to escalate your complaint.

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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Right soooooo....

 

First of all, Id like to see if we could check your CRA files, checked the closed accounts and I guarantee you you will see TONS of closed loan accounts. So....

 

 

Next, Just having the ingo from your CRAs is not enough. If they have defaulted you for whatever reason then you need to know. So you will need to contact each organisation via email and ask them for a full summary of all loans etc,

Should they refuse then, you SAR them at £10 a pop. 40 days later you get all the paperwork etc.

 

So You have already complained to one lender, PDUK. They are part of Instant cash loans ltd,. who own Money Shop etc etc. They have told you to send it to the Ombudsman, yet Right now I dont think you should. I think you should let it roll on for another 4 weeks. Should they fail to respond then send it to the ombudsman.

See what their response is.

 

Have you complained to the others yet? If so where are you at with those.

Also look at your bank statements, see how often these loans were paid into etc, the key here is linking the loan events... **Seen youve checked** - How often were loans being paid in, and how often were these being paid out.

Could you tell me which were actual loans and which were rollovers?

 

Had 1, used another to pay off the first 1, then reloaned to pay off the other etc etc etc.

Next question... What period are these loans from?

  • Haha 1

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Right soooooo....

 

First of all, Id like to see if we could check your CRA files, checked the closed accounts and I guarantee you you will see TONS of closed loan accounts. So....

 

 

 

Next, Just having the ingo from your CRAs is not enough. If they have defaulted you for whatever reason then you need to know. So you will need to contact each organisation via email and ask them for a full summary of all loans etc,

Should they refuse then, you SAR them at £10 a pop. 40 days later you get all the paperwork etc.

 

So You have already complained to one lender, PDUK. They are part of Instant cash loans ltd,. who own Money Shop etc etc. They have told you to send it to the Ombudsman, yet Right now I dont think you should. I think you should let it roll on for another 4 weeks. Should they fail to respond then send it to the ombudsman.

See what their response is.

 

Have you complained to the others yet? If so where are you at with those.

Also look at your bank statements, see how often these loans were paid into etc, the key here is linking the loan events... **Seen youve checked** - How often were loans being paid in, and how often were these being paid out.

Could you tell me which were actual loans and which were rollovers?

 

Had 1, used another to pay off the first 1, then reloaned to pay off the other etc etc etc.

Next question... What period are these loans from?

 

Hello fkofille,

 

Sorry for the late reply and Thank you for advising me.

 

I will try and answer each question you have raised.

 

I have not complained to any of the Payday lenders yet. They were Wonga, PoundstoPocket,QuikQuid, WageDayExpress,PaydayUK and the Money Shop (with the Money Shop, it was cheques that I had "cashed" but I was "extending" these on a monthly basis.)

 

The loans were being credited on a monthly basis over a period of a year and a half to two years. My salary would go in, "pay" one lender, I would borrow a day later from them again, pay another lender, borrow from them a day later and so on. Most of the loans were "rolled over"

 

I will get the information you have advised. Should I paste it onto this thread?

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Hi Jigsaw

 

You said you have already made a complaint though? Yes, If you could get a summary of all the loans, I can then advise.

 

Also email the respective customer service teams of the organisations and they can give you all the info.

This will be a long process though... Please be patient.

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Hi Jigsaw

 

You said you have already made a complaint though? Yes, If you could get a summary of all the loans, I can then advise.

 

Also email the respective customer service teams of the organisations and they can give you all the info.

This will be a long process though... Please be patient.

 

 

Hello fkofilee,

 

Sorry for the delay in replying.

 

I have just looked at Noodle and the credit searches only go as far back as 2014. The Payday Loans I had, I made arrangements with the lenders at the beginning of 2014 to discharge my liabilities.

 

Should I send them SAR's then to get the information?

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Jigsaw... Please do that...

Its the best thing to do... However I am concerned about The Money Shop,

 

I have never seen them cash a cheque and it be extended?

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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