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    • 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. 
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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 
        • 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
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just advice plse


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FIRST

 

NEVER EVER SPEAK TO THESE PEOPLE ON THE PHONE. THEY WILL TRY TO GET YOU TO AGREE TO ANYTHING.

 

The first thing you should do is establish whether these muppets have proof of the debt and proof of their right to collect on it. This is simply done by sending them a CCA request along with a £1 postal order. Once they prove the debt exists and they have a legal right to collect then you can agree a payment plan that suits YOU.

 

Creditors and DCAs - Letter Templates & Budget Planner letter N

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DO NOT CALL THEM!

 

Write to the address on the letter they've sent requesting your CCA (consumer credit agreement) and statement of account. This will establish thier right to collect any alledged debt.

 

Use this template letter:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

YOUR ADDRESS

DATE

 

 

THEIR ADDRESS

 

Dear Sir/Madam

 

Re:− Account/Reference Number XXXXXXX

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement and statement of account on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. This payment is NOT to be paid used for any other purpose.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

 

...adjust to your needs, enclosing £1 postal order (keep record of PO number) and send recorded or special delivery.

 

Hope this helps.

 

Good luck and best wishes,

 

BB

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many thanks matei think that it is just the in house debt collecters but do not want them at my door so wanted it sorted a.s.a.p

They have NO legal right to appear at your door. If they do threaten a doorstep call there is a vey simple letter to send to stop them in their tracks

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As the other guys have said, you should NEVER just pay up without establishing that they are collecting lawfully.

go through the CCA procedure first, then, IF the debt is enforceable, set up a payment you can afford - but do it all in WRITING, NEVER on the phone.

 

You'd be surprised how often these debts are unenforceable - just spend a bit of time reading a few other threads....

 

;)

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