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    • Which Court have you received the claim from ? Northampton   MCOL Northampton N1 ? Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ?   If possible please scan redact and upload a full page copy of page 1 of the claim form.   This has been uploaded in my previous messages in the bundle of documents     Name of the Claimant ? Asset Link Capital (NO5) Limited   How many defendant's  joint or self ? Self   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to./   14/02/2020   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total Not relevant as his claim was set aside, and has now been brought to the court again by the claimant       Particulars of Claim   What is the claim for – the reason they have issued the claim? Please see bundle of documents in previous thread   What is the total value of the claim? £10,734.1    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  Yes - this is one of the grounds for getting it set aside   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ?  Apparently 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I do not recall entering into an agreement with Barclays   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  It was, but it is not anymore   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to Asset Link   Were you aware the account had been assigned – did you receive a Notice of Assignment? No - although they have provided a copy of the assignment notice in their bundle of docs for the hearing   Did you receive a Default Notice from the original creditor? I don't remember - but again a copy of a letter has been provided (see bundle on previous thread)   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No    Why did you cease payments?  2015   What was the date of your last payment? December 2015   Was there a dispute with the original creditor that remains unresolved?  I wrote to Barclaycard back in 2015 to ask them to send proof of the original agreement but they just sent me a reconstituted document which had no personal deals on relating to me   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes - step change took control and set up payments of £1 pm
    • I have had no such luck getting the tickets cancelled. So more help would be greatly appreciated. I have debt recovery letters now. I guess I ignore these and only respond when there is court proceedings?
    • On MCOL there are 2 times the case stay is lifted. Once between filing the defence and them submitting a DQ, and then again between them submitting the DQ and the court issuing one to the defendant.   Is that normal or is there anything I should be aware of?   Thanks as always 
    • It's difficult to advise what to do because there are so many ifs and buts. In the majority of cases where a PPC start a court claim they go all the way to the final hearing. However, in a minority of cases, and by no means a tiny minority, they have no real intention of going all the way to a final hearing. They know their case is rubbish and they know it will cost them a hefty wad to send a solicitor to court (remember solicitors' costs are capped at £50 at small claims).  They pretend they are going all the way to court to intimidate the motorist into giving in.  Yes, the pretence often includes paying the hearing fee.  Yes, UKPC often do this.  And no, they haven't produced a WS (so far). I suppose it depends on how much you have spent on flights (and accommodation?) and if this is refundable v the approx £250 at stake if you lose the case.
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    • If you are buying a used car – you need to read this survival guide.
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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 
      • 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
        • Like

If you want to give up smoking


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Here is to me the best way of giving up smoking if you really want. I have used this method several times and the last time I smoked was 1989. Here is how it is done. You say to your self you are not giving up. Your are only going to smoke when you are " climbing the walls" carry a packet of fags in your pocket, because you are not giving up, every time you feel like a smoke ask yourself Are you climbing the walls yet? not yet so don't smoke.Tell yourself you can smoke when you are climbing the walls and keep asking your self the question because you are not giving up. I even had a cig in my mouth when I decided I was not climbing the walls. Suddenely you will find you have not smoked for a week but you, are not giving up then two weeks then three and so on. the longer you go the better it feels. What made it so hard was when I said to myself I was giving up and was never going to smoke again so I never could give up. This method works because you keep telling yourself you are not giving up. If anyone tries this method let me know how you get on

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I like your logic. I am terrified at the prospect of making that final decision. I would find it unbearable to throw a packet of fags in the bin, and when i have tried to stop (twice) I have always carried some with me just incase!! :o

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Halifax Pers Acct £1650 charges taken from benefits - WON

 

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GE Money sec loan - £1900 in charges - settlement agreed

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What a good idea Texel:)

 

I'm doing something similar by actually questioning myself before I light up - I'm so used to automatically reaching for my fags without even giving it a thought, so this has really stopped me in my tracks - only had three today so far and I've been up since 7am

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Brassed off; Actually what makes it much easier is to say I am not giving up I will smoke when I am climbing the walls then when you stick a fag in your mouth stop and say am I climbing the walls?? Not yet so take the fag out of your mouth. You will smoke when you are climbing the walls;) Best of luck:)

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This has reminded me of one time when I gave up - I think the time I lasted 18 months without a cig, and I kept half a packet in my bag for months so I felt I could have one if I really had to. As time went on though I was doing so well that I didn't want to spoil it by having one after a day or two, few weeks - whatever milestone I'd reached.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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I quit that time for 18 months, but at the time I worked in a bar and there was a really scary fight one night. Loads of people were involved, police called, statements taken etc, so I bought 10 fags out of the machine and smoked them one after the other that night, and that was me back to square one. I always regretted starting again, but 9 years ago today I quit for the last time, and am pretty confident that I won't start again.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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My first giving up attempt failed for similar reasons - I had my handbag snatched in a supermarket car park and I remember saying to the police - 'well thanks for your help but can I go now as I need a ciggy:mad:' Nothing of value in the handbag (everything was in my pockets) but that was three weeks into giving up.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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  • 10 years later...

I used to smoke, quite a lot actually, pack a day. And then, after a week of partying, I woke up with no voice! I freaked out completely! Calmed down, told myself that I'm better than that and threw those 5 fags left in the pack.

So, unfortunately, I needed to go through a kind of a trauma to learn my lesson, which is terrible because it proves the fact that adults learn only by going through one. And fortunately for me, that happened at a right time (about 9 years ago) and now I'm grateful for the "experience".

To sum things up - party a lot, lose your voice, freak out, quit smoking. :razz:

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