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    • Other case law relied upon " On other record of reasons "
    • Page 2 – document 10 and 11 – you should include the fact that it is a Law reform commission report. Best to give it its full name if you can I suggest that you move paragraph 10 up to the first position – paragraph 5 and move everything down. I think other than that – it is good to go. I suggest you don't bother to do any more drafts. Simply rearrange the paragraphs as I suggested above then the title of the documents that you are relying on in the index page. Send it off and post your final version here so that everybody can see. I'm sorry about the delay. Thanks for reminding me
    • I have recently found myself in financial difficulties and with the help of forum members in another thread regarding this, I think I can get myself sorted. My query here is how to deal with a Cifas marker that has been logged against me by one of my creditors for "evasion of payment". Admittedly yes I did get a £5000 loan with them and have not paid any payment but at the start of the year, which is when the loan landed, I realised I was going to be struggling to repay that and other debts and I contacted MCB to ask if there was any way I could extend the loan from 24 months to 36 months. I explained my situation and that I was going with a DMP and asked them if they could help me with this. They did not reply. I then emailed them again a month later explaining that my DMP was going ahead and could they confirm that the direct debit was indeed cancelled. Again, they did not reply. The DMP fell apart and so did everything else thereafter. My bank withdrew my overdraft and said I could not stay with them (I thought initially that it was because of the DMP) so I opened another account (Starling) and set up all my direct debits etc with the new bank. A month into being with the new bank, they contacted me and said they were closing my account in three months. So I started applying for other basic accounts and every single one of them either refused or revoked.  Through the help in the other thread, I requested a SAR from Cifas and discovered that I have this marker against my name for "evasion of payment". I have logged a complaint with MCB on the advice of other forum members, but my query really is do you think the marker is fair given that I did ask them for help and I did explain that I was going to be struggling financially to repay the loan over the original two years, and is there any way that I can get it removed? I fully admit that I have yet to make a payment to them and I suppose in my naivety and panic I thought if I emailed them early on they could extend the loan and help me out, but they didn't even reply  I did manage to open an account with Monzo before the marker was in place, but I am very concerned that if Monzo do what Starling did, I will have no bank account to pay my bills or get my wages paid into.  Realistically based on the information I have given here, what do you think my chances are of getting this marker removed? Any help/advice on this would be greatly appreciated x
    • Thank you dx, that is what I intend to do now. I have gone through all the SAR documents, a lot of which I am seeing for the first time! As per my previous post #116 letters and statements alleged to have been sent to me, as recorded on their system notes I have not received. Letters I have sent requesting information and account statements have not been recorded as being received by them, all were sent either by Recorded or Special Delivery. I have all the proof you menrtioned from my files for payments and from their SAR info for fees added. Thanks t
    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
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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 
      • 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
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Standards of behaviour in the UK affect health


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It is my opinion that standards of behaviour by companies and organisations are permanently damaging the collective health of the UK.

 

Not enough people talk about 'maladministration'. The UK is riddled with it yet there is very little that can be done to punish offenders unless they happen to be private individuals.

 

My personal experience is that every organisation I have dealt with in the last 5 years has attempted maladministration to the effect that they gain or save money and I lose out. This includes:

 

The Police and the Independant Police Complaints Commission

The Open University (accounts dept.)

The NHS and its appeals service

The DWP

The Council of every Borough in which I've lived

Every private landlord I've used

Every letting agent I've used

Every bank I've had an account with

Every telecommunications company I've had a contract with

The Community Legal Service

South West Trains

The Citizens Advice Bureau

 

I can't remember any more but I've written them down.

 

The practice is encouraged by the refusal to make people accountable for maladministration. Each employee needs to hit their target and this is almost the only criteria for promotion. Employees therefore act in an amoral way secure in the knowledge that the only way that things will change is if a tenacious and effective individual has the endurance to force the matter before someone impartial. Then the decision is overturned and the employee is informed of their error.

 

The only way to avoid injustice in such a society is to behave like a psychopath obsessed with accumulating money. This is exactly what all companies now do. Aquisitive people are adapting en masse.

 

Recently I attended the court regarding council tax. I was surprised to discover that four council employees were using the court room for 'meetings'. I personally heard a council employee tell a disabled old man a pack of lies to get him to hand over money for council tax which he should not have been liable for. A bit later a pregnant woman was almost in tears. In each case the council employee was interested in only one thing... 'securing a payment'.

 

Our children are the unhappiest in Europe. Our Adults probably are too. I read about someone having agoraphobia from debt. I have, for a few years, had a feeling where I freeze at the thought of doing any administrative work. This includes even going into an office to hand in a letter or opening my post. I manage sporadic periods of energy but these are countered by long periods of paralysis. In person I'm intelligent and articulate but this counts against me with regard to getting help. The NHS use a system of referalls for assesment combined with 'lost' post and 'mistakes' which mean that they can claim they are 'dealing' with a patient whilst in fact doing almost nothing; and somewhere a civil servant cuts costs and gets promoted.

 

Sorry if this reads like a rant but really, no one wants to know. I know I'm not the only one but I think that some people don't realise that society is having this effect on them.

 

What I would like is some sort of guidance on how to get media attention for this, particularly Lord Nolans recommendations regarding punishment for maladministration.

 

Any suggestions or advice gratefully received.

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I know exactly what you mean.

 

I used to work for British Gas, and part of my job was to check accounts that had money owing on them before the ball breakers stepped in.

 

The accounts were inaccurate to say the least, if it wasn't so serious it would have been laughable.

 

I found that on one team of 50 people, they all worked in completely different ways because they had been trained by different people. If you can imagine that 1 person trained 3 new people, each trainer taught them in different way to different regulations, you can just imagine the trouble. None of the trainers work was checked.

 

I noticed this and decided to investigate. A good quarter of the accounts that were being handled was down to pure lack of care / knowledge. I can't count how many accounts were put right once the team knew what to look for, and about 45 of them didn't before I had to show them, not good in a team of 50, and the same fault cropping up time and time again.

 

Everyone worked to targets you see, it takes time to check for everything. We sat for an evening and did every account as it should be done. The company gave us 2 minutes to check an account - it took 5!

 

I don't know what I could suggest and I have no advise, but as you say, in this world of targets, commissions and bonuses, we are all ****ed!

PLEASE DONATE ANYTHING THAT YOU CAN

 

 

A government that robs Peter to pay Paul can always depend on the support of Paul.

George Bernard Shaw

 

 

 

 

Go on, click me scales (if I have helped) :grin:

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Anyone seen the film The corporation? It suggests (and I agree) that the corporation is designed to be a psychopath, no morals, no conscience, only its own self interest to guide it, pompous, full of its own self importance... need I go on? This doesn't explain public authorities which are also acting in the same way. My local council is as bad as any.

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I think that approach is spreading as a business model. Most people will participate in bad practice if they think:

i) they only play a small part

ii) they are acting on a higher authority

 

Therefore appaling treatment can be dished out to individuals if the guilt is spread over many people.

 

People assuage their consciences by saying 'I was only doing my job.' The guards at Auschwitz said a similar thing.

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I think that approach is spreading as a business model. Most people will participate in bad practice if they think:

i) they only play a small part

ii) they are acting on a higher authority

 

Therefore appaling treatment can be dished out to individuals if the guilt is spread over many people.

 

People assuage their consciences by saying 'I was only doing my job.' The guards at Auschwitz said a similar thing.

 

 

Things have got to be bad if the likes of me are rising up! I was one of the most apathetic souls you were ever likely to meet. I have turned into an angry tyrannosaurus since showing up here though. I was actually a scared mouse when I first arrived. Thanks again to Tom8 and Josie8 who first helped me. I'm still not right in the head and my family is pretty much in the clear now. I'm just well past caring. Now that is both good and bad. It's good because you're just insensitive to everything, but bad because that isn't the best way to be for mentally moving on. This whole consumer debt saga is just a big F*** UP! Why didn't the government do something? Incompetence or corruption? It makes my blood boil. Oh I forgot! They nationalised Northern Rock! Nice one Sherlock!!!

What sort of world do you want your kids to grow up in?

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It''s also embebedded in the 'professionalism' that some firms like to tout as their 'strength;being 'nice' and 'understaiding their clients/customer base isn't good practice... it eats into profits to have properly trained staff, not an outsourced operation which comes in once a year.

 

Again outsourcing is another pain, this is why companies can state that they don't have any long term debts they haven't acted on - they get sold on at a fraction of their 'true' worth, the company claims back the tax on the debts, and sometimes gets paid for the same debt twice over.

 

Also with outsourcing the problem is no longer being monitored at director level, they can state 'our agents are working on our behalf via their own companies rules and regulations'.

 

Need I go on anymore?????

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  • 1 year later...

I used to work for a high street bank, and I couldn't agree more... it's so easy for them to say they're a professional business and the like, but in the end they're just in it for their own profit/losses. Best bet is to not let it rile you, especially with outsourcing. I had to deal with a bank for various reasons recently, all of their callers were cleared outsourced, I just forced them, each time, to allow me to speak to someone who I could understand. In the end, just be a bit brash, they're required to contact you and confirm you understand the situation you're in, if you make clear you can't understand they have no leg to stand on. Worked a charm for me!

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