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    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
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Currys 5 yrs extended Warranty


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Hi

On the 25 March 2011, I purchased a washing machine from Currys in Cardiff.

 

 

After paying by card, the salesman ask me if I wanted extended warranty in case of breakdown.

 

 

I refused the offer, as I live on my own and does all my washing every 1 to 2 weeks.

He was telling me all sorts of rubbish.

I again no and went home.

 

 

This week Jan 2017 I had some problems with my bank account.

My Daughter helped me look through all my direct debits for me.

We noticed a transaction for currys, and yes it was a warranty for a fridge freezer I purchased from currys.

 

 

Going through further, we noticed another transaction from currys £6.45

I contacted currys and they told me its for my washing machine.

I told them I did not make any agreement.

 

 

I told them that the salesman done this without my permission and said that would be fraud.

 

 

After several emails I told them I was taking legal advice an gave them 7 days to reply.

 

 

I have passed their reply below.

How can I prove that I didn't make this agreement when I didn't enter into a warranty.

 

 

Please can you advise me. Thanks Ray Guy

------------------------------------------------------------------------------------------------------------------

There Message below

 

 

.Dear Mr xxxx,

 

Thank you for your email dated 13th January 2017. Please accept my apologies for the delay in our response.

 

I have noted your complaint regarding this agreement being set up fraudulently, to set up the agreement, you have to sign a mandate authorising payments to be debited from your account. As our stores only retain records up to six months we are unable to provide the proof necessary to substantiate your claim. Any proof regarding this allegation would need to be provided by yourself, upon receiving this we will consider your claim and get back to you once a decision has been made.

 

At the time of purchase, you would have been provided with a copy of the Terms and Conditions that advised you exactly which items were protected and how to cancel. You were also given a copy of the purchase receipt, which would have mentioned the agreement.

 

The monitoring of payments being taken from a card or bank account is the customer's responsibility. Your card statements should indicate who a payment is being made to and if there are any doubts or unrecognised payments the card provider should be contacted to check the details. We would expect any questions regarding payments to be raised promptly.

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I had a similar problem once with carphone warehouse.

 

I think to begin with, you need to send them an SAR. This will cost you £10 and were obliged to disclose all the personal information they have on you – including statements agreements et cetera.

 

Of course, you can simply try to invoke the direct debit guarantee but of course it has been going on so long that may cause problems and also even if the bank refunded you the money, it wouldn't get any of the interest that you would be entitled to.

 

Better to treat this as an unauthorised extended warranty policy and to make a claim for all the money they have taken plus interest. Over a period of six years, it will add up to quite a bit.

 

Send the SAR. Don't send anything else the moment. Wait and see what turns up in the post – then come back here

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Unfortunately it looks like you don't have a leg to stand on.

 

 

If this payment has been made for 5 years with no question then I think the law would probably take the view that either you had agreed to it or it wasn't important to you.

 

 

It's worth checking your paperwork and seeing what you are entitled to.

It's likely that according to the agreement, under certain conditions you are entitled to a new machine.

 

 

You've probably got accidental damage cover which you may be able to claim against.

 

 

I am sure there are a million and one things you could claim against to make sure you get value for your money.

 

 

I am NOT suggesting that you commit fraud.

 

 

However, claiming against your agreement is likely to be a better option than trying to get back all what you have paid in.

 

 

My advice, claim, get yourself a new machine and then stop paying. Good Luck...

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was this a direct debt?

or is it a continuous payment authority as you paid by debit ? card?

 

 

unless you gave them your bank account details and signed a DD mandate I suggest the above.

 

 

don't like all you ideas here tiger, that's fraud?

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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Last week i saw a video about a guy who was playing with his crossbow and pierced his washing machine motherboard.

As he tried to pull the Wm out to unplug it, the door came off and the glass smashed on the floor.

Would this be considered accidental damage?

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Very off topic but no it wouldn't...

 

For one using a crossbow indoors is an inherent danger to any thing nearby.

 

Especially the pistol kind as they have a nasty tendency to kick the bolt upwards if not inserted correctly.

 

Secondly the door wouldn't be classed as accidental due to Warrenty being voided by the crossbow bolt in the main board. ..

 

Thirdly what power crossbow is this? I use an 80lb one as standard although looking to upgrade and I doubt this would make it through the covering plastic metal shielding and then main board as well...

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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