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    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
    • Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's  joint or self ? Self Date of issue – 22 May 2024  Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Moved home and they were the current energy supplier  Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No 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. Debt assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably  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? Changed supplier What was the date of your last payment? Never  Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
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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.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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H.O.L Test case appeal. Judgement Declared. ***See Announcements***


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Barclays to cut penalty charges: BBC 29/05/08

 

BBC NEWS | Business | Barclays to cut penalty charges

 

 

Marc Gander, of the Consumer Action Group,

 

"It vindicates our stance that the charges have been wildly excessive," he said. "It shows that for years they have been milking their customers for nearly £30 more than they needed."

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This suggests to me that certain banks are afraid that a competition investigation might be set off by the OFT's fairness assessment of the charges. after all, that has always been a possibility even if the charges are found lawful, the fact the banks have been pretty much charged identical amounts of money for a "service" with very substantial markups suggests that they may be breaching european competition law.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Barclays to cut penalty charges: BBC 29/05/08

 

BBC NEWS | Business | Barclays to cut penalty charges

 

 

Marc Gander, of the Consumer Action Group,

 

"It vindicates our stance that the charges have been wildly excessive," he said. "It shows that for years they have been milking their customers for nearly £30 more than they needed."

 

I also like the quote by a Barclays spokeswoman:

 

"If customers continue to run their accounts as they are now, we will earn less money than before from overdraft charges," said a Barclays spokeswoman.

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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lets all move to barclays and see how long it takes... move your slary into barclays and lets see...

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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on the old system you were charged at most 3 per day = £90.00 under the new system max is 5 per day which would be £40.00 is all i know (sounds easier to stay out of the red to me, but i will still wait and see)

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Okay,

 

At the moment if an item is presented to Barclays that will take your account over its limit, and they allow the payment.

They charge a "Paid referral fee" of £30

 

Total cost = £30.

 

Under the new structure, you undertake an agreement that should an item be presented that would take you over your limit, then the bank would automatically give you a "buffer" facility of £250 for 5 days at a cost of £22. This facility (and thus charge) would I presume would be triggered by the presentation of said item. You would then also pay an £8 fee for the clearance of the item that triggered the buffer.

 

Total cost = £30

 

 

anyone spot the difference ?

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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...+ AFTER those 5 days have elapsed...what about the Charges then??...:confused:

 

Another £22.00 will be charged (But the buffer is optional) you could pay the £8.00 per unauth'd item but they will not be paid

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So in effect...ALL Barclays are offering is a two-tier micro-short term O/D facility...:o

Methinks that it is 'designed' confusion, similar to the Mobile Phone Tariffs + what, until recently, applied to Train Tickets also.

It deliberately dis-empowers those 'little peeps' who MAY not have the intellectual wherewithal to understand + serves to keep them within a financial 'bonded slavery' socio-economic system...:mad:

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So in effect...ALL Barclays are offering is a two-tier micro-short term O/D facility...:o

 

Methinks that it is 'designed' confusion, similar to the Mobile Phone Tariffs + what, until recently, applied to Train Tickets also.

 

It deliberately dis-empowers those 'little peeps' who MAY not have the intellectual wherewithal to understand + serves to keep them within a financial 'bonded slavery' socio-economic system...:mad:

 

Sounds like an accurate description of my financial understanding MilkTrayMan :D:D

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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

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Sounds like an accurate description of my financial understanding MilkTrayMan :D:D
U should have read some of my CIMA exemption modules coursework when I was at Uni...:cool:

...Typed after I'd been on a night out on the 'pop'...:lol:

 

 

...:D

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Sounds like an accurate description of my financial understanding MilkTrayMan :D:D

 

U should have read some of my CIMA exemption modules coursework when I was at Uni...:cool:

...Typed after I'd been on a night out on the 'pop'...:lol:

 

 

...:D

 

Would I have understood them any better ? :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

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This suggests to me that certain banks are afraid that a competition investigation might be set off by the OFT's fairness assessment of the charges. after all, that has always been a possibility even if the charges are found lawful, the fact the banks have been pretty much charged identical amounts of money for a "service" with very substantial markups suggests that they may be breaching european competition law.

 

100% agree, Ive always thought that could happen and this could be an attempt to distance thereself from such an investiagtion, too late i feel.

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6. How will I know what my Reserve Amount is?You will receive a letter informing you of your Reserve prior to it taking effect. Your Reserve Amount will appear on your monthly statement, and can be found by logging into Online Banking from 18 August 2008. We can also tell you what your Reserve amount is when you call us.

 

erum, bet mine is £22 to cover the Reserve Usage Fee!

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Hi Guys,

 

As I understand it the 'buffer zone' Barclays is offering for 5 days at a cost of £22 is optional. You do not have to take it. You can instead just keep paying £8 for each bounced item (up to 5 a day), be it an unpaid direct debit/standing order or returned cheque etc. I have to say that is a stark improvement on £35 which is the current charge not £30. So depending on how many bounced items you have in a day, if it is just one bounced item your charge has been slashed from £35 to £8. The figure of £8 is still too high and we have a long way to go, but it does look like at long last one bank is beginning to move in the right direction. Let's not underestimate this hugley significant development.

 

TheyrCriminals

Edited by TheyrCriminals
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The problem is though TheyrCriminals, that that £8 per day Charge is infinitum, whereas the £35 Charge was a one-off Charge.

For those peeps that can least afford to 'catch up' on their debt, this smaller, but more frequent amount, would VERY quickly snowball out of control + cause them to be in an even greater debt than what they would be under the majority of Banks current unlawful Penalty Charging systems...:(

Let us NOT forget those less fortunate than whatever financial position we may be in ourselves please.

...Cos no matter what, there are plenty of other peeps out there that we should be fighting for, whether they realise it or not.

...:)

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MilkTrayMan,

 

You can not accrue an infinite amount of these charges in one day, 5 is the maximum, so what your saying is that if you do have 5 bounced items in one day you will be paying an extra £5 compared to the old system. The £35 was certainly not a one off charge either. Under Barclays old system you could have dozens of £35 unpaid item fees in any one month - I know I had them! Now I will only be charged £8 instead of £35 every time which is a dramatic reduction but I accept still not good enough. Besides how many of us have 5 bounced items per day every other day from our bank accounts?

 

In addition I am certainly not forgetting those who are in a less fortunate financial position than myself.

 

TheyrCriminals

Edited by TheyrCriminals
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Unlike before there appears to be no restriction on how many times the SAME DD can be presented in 1 day meaning of course the consumer could be much worse off compared to before. Also we still have the arbitrarily enhanced interest charges

 

It's another case of smoke & mirrors methinks being used to confuse us peasants ......... & possibly even the OFT

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