Jump to content


  • Tweets

  • Posts

    • Thanks for your responses.  I feel a little bit better now.  I really got the wind put up me when I read about 'bad character and reprehensible behaviour of non-defendant witnesses' and the press guidelines from the Independent Press Standards Organisation. court-reporting-public.pdf (ipso.co.uk) Reporting Restrictions in the Criminal Courts (July 2023) (judiciary.uk) It's a tricky one because, without going into too much detail, all of the victims are of bad character already, otherwise they never would have met the accused, and I fear that the very much tumultuous relationship I have had with the victim that connects me to this case is going to be broadcast for all to hear. The accused isn't going to be anonymous, his name and even his home address were reported in the national press in the preliminaries.    Thank you.
    • How long is the finance arrangement for and how much has been paid?
    • From their own terms and conditions on the website... https://www.carfinance247.co.uk/terms-and-conditions 6.1 CarFinance247 Limited offers a: 6.1.1  web chat service ("Web Chat"); and 6.1.2  SMS chat service ("SMS Chat"), which, provided your application for finance has been approved and you have created a MyCarFinance247 account in accordance with these Terms, enable you to chat either online or via text message (as applicable) to one of our customer service specialists, without having to make a phone call.
    • I've had a text and email from MCB: "Dear XXXXX Please contact us today. Your payment has not been brought up to date and we would like to discuss your account with you as a matter of urgency. Our telephone number is 02039236888"   " Early investigations confirm you are resident at the above address. Despite this, we have not managed to speak to you about your now, seriously overdue debt.   We are now instructing our external debt collectors to contact you directly in relation to your loan account. If you want to avoid this course of action, contact us today on 0203 923 6888"
  • Recommended Topics

  • 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
      • 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

LBA from Optima Leagal Services*WON* DISCONTINUED BY CONSENT*****


Viano
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5359 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

What is their problem with CAG. There was another thread, I think re MBNA who wanted the Judge to chuck out the defence in that it was produced with help from a "website" which made it innefective and inappropriate ?

 

Sounds to me as though Optima are fishing !!.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • Replies 430
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hello Viano!

 

So, the call was just a Lawyer wanting to weaken your resolve then!

 

Sadly, another example of how bankers, DCAs and their Lawyers all operate from the same Script.

 

Sorry to sound like a stuck record, but I think it would've been better to make them keep it in Writing. They only wanted to talk to you, to see if a smooth talking confident sounding Legal Worm could inject some doubt into your strategy.

 

I'm sure it hasn't worked, has it...but the effect would've been undermined if they had to say all of that in a Letter that you could keep, produce if needed in Court, and post here for us all to poke ridicule at!

 

Oh, and when you next Write to them, ask them why, if they are so clever and Legally asute, why do they keep on ignoring The Companies Act regarding Registered Company Address details on their own Business Letterheads?

 

I hope you are reading this Optima...shove that up your pipe and choke on it matey!

 

Cheers,

BRW

Link to post
Share on other sites

Hello Viano!

 

So, the call was just a Lawyer wanting to weaken your resolve then!

 

Sadly, another example of how bankers, DCAs and their Lawyers all operate from the same Script.

 

Sorry to sound like a stuck record, but I think it would've been better to make them keep it in Writing. They only wanted to talk to you, to see if a smooth talking confident sounding Legal Worm could inject some doubt into your strategy.

 

I'm sure it hasn't worked, has it...but the effect would've been undermined if they had to say all of that in a Letter that you could keep, produce if needed in Court, and post here for us all to poke ridicule at!

 

Oh, and when you next Write to them, ask them why, if they are so clever and Legally asute, why do they keep on ignoring The Companies Act regarding Registered Company Address details on their own Business Letterheads?

 

I hope you are reading this Optima...shove that up your pipe and choke on it matey!

 

Cheers,

BRW

 

 

:lol::lol: That's me cleaning coffee off the screen for the next 10 minutes then.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Keep-keep up CB, Optima were two solicitors ago!, and yes BTW is right, they are leaning on us, gosh I'm worried.

 

V

 

 

Sorry, yes of course they were.. Optima got worried and passed it on didnt they:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

FFS - trying to get you to back off just because you got help from people on the web - it beggars belief that they feel they have to go this far to avoid Court!! (After all, if they're that worried they could always just drop it!! If they're not confident of winning, they should not be trying to force it to Court!!)

Link to post
Share on other sites

no that would be there bad bo

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Hello The GodMother!

 

no that would be there bad bo

 

No, you have to smell past the BO, the bad breath, the Socks, the crud in the belly button and that smell from the pants...ignore all that, beyond and above the usual banking Lawyer odour there's an even more powerful pong of fear.

 

You can't miss it!

 

Cheers,

BRW

Link to post
Share on other sites

Well i can as i am just getting my sense of smell back.

 

cant smell fear banker just bo i think it may be the crud in the belly button tho

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Hi all,

 

Update:-

 

I received a letter this week-end confirming our conversation and stating that although they have a copy of the disclosure list and Defence they have not seen a copy of the witness statement, I faxed this to the Court on the due date (and have proof). I quote 'We have not seen a witness statement from you but we anticipate that such may be comprised in your disclosure list and form of Defence. If we are wrong in that assumption perhaps you could let us see your witness statement'. Should I?

 

When I have sorted all of my paperwork I will be asking further questions, some naive, some not so please bear with me.

 

V

Link to post
Share on other sites

Were you supposed to send the solicitors your witness statement at the same time as the Court? Usually you send it to the Court and the other parties at the same time. They are entitled to see it; so I guess I would send it to them as a "True Copy" (i.e. a photocopy as opposed to printing it again) with dates, and a covering letter that confirms it was originally sent on . If you omitted to send it to them first time, no worries; they don't need to know that.

 

That's my take on it, anyway; wait until PT or one of the other Gurus answer as well, though, just to make sure. (See my signature).

 

Cheers!

Link to post
Share on other sites

If they claim not to have recieved your defense they may try to move to have it struck out. You could always move to have there disclosure list struck out if they do this only seemd fair if they have failed to disclose that info to you.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Can someone point me to the relevant (downloadable) parts of:-

 

1) Civil Procedure Rules, Rules & Practice Directions.

2) Consumer Credit Act 1974.

3) Consumer Credit (Agreements) Regulations 1983.

4) Consumer Credit (Agreements (Amendments) Regulations 2004)

5) Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983.

6) The Administrations of Justice Act 1970.

 

Please.

 

Thanks.

 

V

Link to post
Share on other sites

sorry my fault ment to put witness statement but put defence

 

for the cpr rules u will need

 

Home - Ministry of Justice thats were i got mine from anyway u may be able to find the others docs u requested on there especially part 6.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

i will google the other docs for u

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

retiring rite now thanks to PT.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...