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whitelist

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Everything posted by whitelist

  1. Looks to me you cannot do anything until you receive their skeleton argument for you to do a rebuttal. Have you received the direction order from the court yet saying when the claimant has to send their skeleton argument to you?
  2. Wait for more replies, but that looks like a valid default notice. They can now show a Default notice was generated through their internal systems, and likely one was sent through computer automated systems and recorded as sent on internal systems. That will be for the judge to decide in the judge lottery to accept or not the creditors' explanation. Goodinson v PRA Group [2021] EWCA ThIs recent Court of Appeal case states a creditor can establish compliance with statutory compliance to send notices by producing internal system logs which show coded entries referring to the issue of such notices, along with a reconstructed version of what notices would have been issued at the time. Even though I have student loans myself, they are not historic so take with a pinch of salt. Just guessing in your case if they were officially deferred or not. If the answer is no, then you might have a chance under 140A CCA 1974 and an unfair relationship in that the protracted time with defaulting the account. But you need to state why you consider the delay in defaulting to be unfair. But must stress this is simply my opinion and not legal advice
  3. Just dotting I and crossing T as with amending your defence, you have one chance at this. You say they attached a notice of default allegedly sent 24/5/2016, so need to be specific. Was this an actual Default Notice served under 87(1) CCA 1974 in that it tells you to pay off a specific amount (Arrears) within a specific date (14 days) Was it a notice of default sums being charges besides any accumulated interest added in connection with any agreement breach? Was it a simple notice saying you are in default of contracted obligations and need to bring the account up to date?
  4. The question remains, and we need confirmation Was a copy of the default notice requested in the original CPR request? Was it referenced in the Defence to the Claim if not produced?
  5. Doyle v PRA was De Minimis as the Creditor defaulted the account in a short acceptable time period. However, a default notice needs to be served before bringing a claim, s.87(1) CCA 1974 Did the OP receive a compliant default notice In their CPR request?
  6. Do you have a copy of the default notice? Was it requested in the CPR for copies of the agreement, etc?
  7. Many thanks Just a quick question, as they regulate it under the CCA 1974, how long did they take to issue a default notice from the letter of demand for payment with the alleged breach of contract?
  8. Posted an independent link to show it was not my opinion and get slammed into the gutter for it Whatever happened to reasoned debate or just a glorified echo chamber?
  9. That is an awful thing to say of self importance and omnipitence Why do you think I stated Believe and a question mark at the end of my sentence? Was not posting on fact but asking a question Student Loan Agreements - what are you getting yourself into? - Intergenerational Foundation WWW.IF.ORG.UK Intergenerational Foundation is an independent charity promoting intergenerational fairness, working for the interests of younger and future generations.
  10. Following this thread with interest because of the reliance on Doyle v PRC from the claimant. BMW v Hart is a dead duck and irrelevant Since the Doyle v PRC judgement, we accept that the cause of action is from when the Default Noice expired unless an unfair contractual relationship with that Default Notice. Section 140A CCA 1974. With relevance to this thread, and old style student loans are not my thing and quite modern in my circumstance, so apologies for any errors as this is my opinion? Believe with the old style student loans, it did not regulate them under the CCA 1974 Protections, so negates the necessity of a Default notice. Doyle v PRC is not relevant?
  11. Car Finance 247, Their reputation is horrendous The car belongs to the Finance Company and their responsibility, not yours You need to officially reject the vehicle under the Consumer Rights Act in writing to the dealership and Finance company but need to be quick. Am sure the site team will have some templates for you to use 247money is rated "Average" with 2.8 / 5 on Trustpilot UK.TRUSTPILOT.COM Do you agree with 247money's TrustScore? Voice your opinion today and hear what 28 customers have already said.
  12. Use Paypal all the time and have no issues Use to computer software companies such as security software instigating annual renewals on the sly using PayPal without my knowledge or after I cancel. Only noticed the debits once papal notified me. As soon as I cancel the transaction with the retailer PayPal are pretty good with the refund and no charges Paypal will refund your card company direct
  13. Can you cancel an order with a completed transaction, not a service? Payment has been made (cash) through credit card completing the contract and no fault exists with the item?
  14. Sorry, confused about your post Are you saying the engine management light came on? Was it yellow or red? Did you have a valid insurance policy when you left the dealership? If the engine management light was on, why did he drive home in the vehicle?
  15. Automatic compensation: What you need to know WWW.OFCOM.ORG.UK Our automatic compensation scheme means broadband and landline customers will get money back from their provider when things go wrong, without having to ask for it.
  16. Do not think the Postal Services Act will apply as Royal Mail has delivered the mail as addressee, so no interference in transmission. Totally agree, the letter should have been put back into the Royal Mail system and marked gone away. They will the open the letter if no return address to return the correspondence. As the landlord took deliberate possession and destroyed property not belonging to him, he has dishonestly appropriated that property with the intention to permanently deprive That is theft and should be reported to the police
  17. Just my opinion about this but? Just like the credit reference agencies, they are not responsible for the data published in the credit files. Any complaint has to be resolved with the original creditor. You can write to the credit agencies and raise a dispute, they inturn will contact the original creditor to confirm if the information is correct or not. But you are better off doing it yourself, contacting the original creditor as an official complaint. If you then still disagree with any final response, you can elevate to the Financial Ombudsman Service But you must go through the creditors complaint procedure first and have a full and final response.
  18. The Contracts (Rights of Third Parties) Act 1999 has been mentioned 1 Right of third party to enforce contractual term. (1) Subject to the provisions of this Act, a person who is not a party to a contract (a “third party”) may in his own right enforce a term of the contract if— (a) the contract expressly provides that he may, This is in the DPD Contract 23. THIRD PARTY RIGHTS The Contract does not give rise to any rights, under the Contracts (Rights of Third Parties) Act 1999 or otherwise, for any third party to enforce any term of the Contract. Something to consider and research before relying on that clause in any defence to a counter claim
  19. Might I ask why you believe my comment to be in error? Basic contract law stipulates it is who you make payment (Consideration) is who you have the contract with. The OP has stated his dealings are with Packlink, not DPD who is not party to the contract as a third party. (Privity )
  20. Looking at this issue objectively, and in my opinion, You used the service of Packlink to facilitate the delivery of a parcel that gave you the option to use different couriers. Your choice was DPD. You then paid Packlink, not DPD direct for this service. Who told you to go to a DPD collection point where you got an invoice, etc? If that is correct, then Packlink will be who you go after, not DPD But as stated previously, best read up on this and burn the midnight oil
  21. Ask yourself if demanding a new replacement after four years of wear and tear is reasonable put against the cost of replacement? The Warranty provider does not consider the product to be beyond economical repair and sends an engineer to fix the appliance at no cost to you. It is your own decision to purchase that extended warranty. Pay for an expert opinion to pursue any claim as well. How much will that cost against your warranty premium and own time to pursue any claim? Not saying you do not have a claim but will be down to a judge to decide, but?
  22. Have you looked into how much it will cost in replacing the built-in oven?
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