Jump to content


  • Tweets

  • Posts

    • you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
    • Rachel Reeves is set to reveal a public finances shortfall of billions on pounds after a snap audit.View the full article
    • Hi What they have asked in what you have highlighted isn't unusual at all as Councils have numerous different departments that deal with specific different areas within that council. So if what you are asking in your DSAR is say specific to Housing Benefit, Council Tax Benefit, Planning Permission etc then just let them know that specific area. On the other hand if you want every bit of DATA they hold on you then simply tell then ALL DATA they hold on you it's them up to then to go through all depts to check for it. 
  • 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
      • 162 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

N.W can't supply me with a notice. What now?


Guest Alison82
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6134 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

Guest Alison82

I recently asked BCW for a copy of my deed of assignment, CCA and default notice.

 

NatWest have now got back to me saying that the notice was 15 September 06 and was deemed served but the do not have a copy to supply me with as it was computer generated so the default will not be removed.

 

They also said that no CCA is needed for an O/D, but the supplied me with a statement of account as it stands today.

 

If they can’t supply me with a default notice then it is unenforceable and I can get it removed – is this right?

 

Also surely they should send my CCA of the account itself regardless of any overdraft.

 

 

Initially they wanted me to pay at least £60 a month to pay off my O/D and I couldn’t afford this so I offered £10 but they kept saying it wasn’t enough so they wouldn’t accept my offer.

 

I reclaimed £800 in charges but didn’t pay it into the account as I needed it for something else at the time.

 

They also said the there is no deed of assignment as they did not sign it over to a DCA but BCW have been trying to correspond with me.

 

 

Any advice?

Link to post
Share on other sites

Guest Alison82

Hi can anyone offer me any advice on this as I have just recieved a message from BCW wanting me to call them back but I would like to know where I stand before speaking/writing to them.

 

Many thanks

Link to post
Share on other sites

First of all don't phone them as they are often just rude and try to bully people into making payments if you phone them. Secondly overdrafts are regulated by the CCA but have part V exemptions (form and content). This means the copy of the agreement would just be a letter from the bank stating the o/draft limit, the interest rate, charges and cancellation rights. They still have to supply you with this to conform with the Act. Regarding the default notice, they need to supply you with a true certified copy.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

HI Alison

 

They have defaulted on the CCA and you do not have to pay anything until they can produce the true copy of the credit agreement. They will also have to take you to court to enforce the agreement. I think that they dont have one. Do not speak to them on the telephone. Do all your corresponding in writing because you then have a paper trail which you can rely on in court. They are trying to bully you into paying but dont be bullied. Stick to your guns.

 

If they phone you again refuse to speak to them and say that you want all correspondence in writing and put down the telephone. They will try to get you to keep talking but simply put down the phone.

 

Hope this helps

Gemspan

Link to post
Share on other sites

Guest Alison82

Thank you for your replies. But shouldn't there still be a CCA for the bank account not the overdraft?

 

Also should I write to the CRA’s and enclose NW’s letter saying they don’t have a copy of the notice and get them to remove it from my file (need to check it is on there first of all)?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...