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    • First begging letter received from Overdales   ;Blah blah blah, our client's are going to win this blah blah blah we supplied all your documents under CPR   PS you can stop all this by paying £1200 less in a lump sum
    • Right,  so the court hasn't send out the Directions Questionnaires/N180s yet. PE's one is a false one, meant to intimidate you into thinking your defence was rubbish and they are confident with their claim. This is par for the course.  The PPCs do this regularly. However, PE have gone further and written that "a copy has also been filed with the court" which is a lie as the court haven't even sent out the papers yet. Keep a screenshot of MCOL, later on in your WS you can draw attention to their lying and abuse of court procedure. If you've got time on your hands, then complain to the BPA about one of their members lying.    
    • We need documents to be uploaded in PDF format. Uploading in Microsoft Word format discloses personal details relating to you which you should not be sharing. Click upload – to understand what to do. How did you pay for the vehicle? You start by saying that you should have walked away – yes you should. Not only because of the reputation of this company but also if the transaction isn't perfect you shouldn't get involved and you certainly shouldn't be taking the word of some used car dealer. Big fail! Why are some of your letter in black and some the in red? When you get some of the ideas in there – have you use a template from somewhere else? They aren't interested in a delay caused by some fire alarm or something. They certainly aren't interested either by the distress you are suffering. They have hundreds of customers who become victims of this kind of thing. All of those customers suffer distress. Big Motoring World don't seem to be very bothered. What are the faults which exist with the vehicle now? Is it just the splashing? Where is the splashing? What is it that is splashing?   Do I also understand that you purchased the vehicle without trying it at all and the first time you were in it and had splashing was after you had made the contract?
    • A claim was issued against you on 22/04/2024 Your acknowledgment of service was submitted on 06/05/2024 at 13:28:08 Your acknowledgment of service was received on 07/05/2024 at 01:05:18 Your defence was submitted on 23/05/2024 at 21:20:03 Your defence was received on 24/05/2024 at 08:05:43
    • I drove a friends a car for a few days and I used cuvva car insurance to insure myself for the time period. Here's the problem: I made a mistake with the dates on the insurance, I ended up driving uninsured for one day and I got a speeding ticket. My friend named me as the driver on the Notice of Intended Prosecution as she should and I will take the blame of course. Will met police ask for proof that I was in fact driving? I mean, any more other than me replying to the NIP that I will soon receive from them? Cause I assume that my insurance for the day will be the proof that they need... Secondly,  if caught driving uninsured, what will happen please? I read it's £300 and 6 points. Is that all or is it worse? I'm only asking for information from knowledgable people. If you intent to just mock, you're certainly not helping. Thanks
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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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Marks & Spencer Credit Card


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If you have CCA'd them and not had a response for 12+2 days then your account is in default and they cannot do anything until they supply you with a valid CCA and you have the right to not pay them.

 

The 30 day thing does not exist anymore as it has been changed.

 

If they do come up with a valid CCA at some point in the future then you will have to start paying them back.

 

I personally wouldn't remind them that the account is now in default as they should know that already and by reminding them might speed them up to trying to find one.

 

You would be best to start you own thread so that other members can track it and advise you

 

Hope this helps

It's all fun and games until someone loses an eye :D

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Hello. I have CCA'd M&S Money and received no reply so I have sent them a follow up letter saying that they have a calendar month from the expiration of the twelve working days or they will have committed a criminal offence. The follow up letter was from a template off this site. Is it really a criminal offence ? Will my debt be unenforceable ? Difficult to believethis. On another matter many years ago I had an Amexcard which gave the holder an overdraft of £7,500 with Lloyds bank. That has been picked up by Lloyds TSB and whilst I am paying no interest and pay them £20.00 permonth I have CCA'd them and sent them a follow up letter. The dates are the same and wonder what I am best advised to do if no reply to either letter by 17th November which is the end of the calendar month.
It is not a criminal offence, it is a summary offence, with no penalty other than that they cannot enforce the debt whilst they remain in that position. The debt still remains, they just cannot pursue it.

 

 

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  • 3 weeks later...

Collect Direct UK are phoning twice a day and leaving messages and also sending my OH text messages. (Is her debt btw)

 

They keep saying that we have 48 hours to respond and that has been going on for about a week, lol

 

My little girl answers the phone and always says that my OH is not in. Sometimes they have asked when she will be back and the little 'un tells them to mind their own business!!!!!!:lol::lol::lol: She is only 5 and learning quick !!

It's all fun and games until someone loses an eye :D

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  • 2 months later...

Just been checking through all of the problem accounts I have an updating a few things, and have noticed that on Experian, it shows that a default was issued on 08/08/2007.

 

This did not show up in the SAR, so I am going to write to them to say that they have not complied with my SAR request and request a copy of it

It's all fun and games until someone loses an eye :D

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Hi

 

Just reading through your thread.

 

I am just trying to learn how this all works (trying to save my home and family!) Can I ask you?...

 

Are these people still harassing you?

 

Have you agreed a payment plan?

 

Did they admit it was unenforceable?

 

Thanks

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Hi

 

Just reading through your thread.

 

I am just trying to learn how this all works (trying to save my home and family!) Can I ask you?...

 

Are these people still harassing you?

 

Have you agreed a payment plan?

 

Did they admit it was unenforceable?

 

Thanks

 

 

Hi

 

In answer to your questions

 

1) I haven't heard anything since November 2008

2) I am not currently paying them I do not believe what they have is enforceable

3) They have not admitted that it is enforceable, as they are still hoping that they can scare me into paying them. No chance there btw.

 

Thanks

It's all fun and games until someone loses an eye :D

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Hi

 

In answer to your questions

 

1) I haven't heard anything since November 2008

2) I am not currently paying them I do not believe what they have is enforceable

3) They have not admitted that it is enforceable, as they are still hoping that they can scare me into paying them. No chance there btw.

 

Thanks

 

Why do you think that your M&S agreement is unenforceable ? I have a M & S Money credit card and I am being chased hard.

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Why do you think that your M&S agreement is unenforceable ?

 

Based on what Steven has posted in post #4

 

Also nothing different appeared in the SAR request, which confirms what they sent is all they have.

It's all fun and games until someone loses an eye :D

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Had a letter today from Collect Direct UK saying that they can offer me up to 50% discount and a monthly payment plan.

 

I will post the letter up tomorrow, but they are getting desperate.

 

If they had a valid CCA, then why would they be offering ANY discount instead of taking me to court. Makes you think, doesn't it !!!!

It's all fun and games until someone loses an eye :D

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The person who signed the letter should change his name to Joe.

 

Looks like they know they are stuffed

 

 

Haha, nice one

 

I am waiting for the day they offer me a 99.99% deduction!!! But will still not take them up on it, lol

It's all fun and games until someone loses an eye :D

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I was served court papers for M & S money credit card as a bullying tactic by hsbc solicitors. The documents they wanted to rely on in court were a pre contractual application form, ( their idea of a legal CCA agreement) a blank default notice and 6 years worth of statements. When the going got tough guess who won?? It never made it into court!!!!

Hope this helps!

Willow x :p

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THANKS TOO willow most interesting, i tried to get to your threads and got diverted to other threads, lol

 

anyway do you have an acutal thread of what happened on this m and s one pls, as i feel im heading in the same direction

 

would help a lot of us i think (((SORRY manc - asking for this on your thread)))

 

laters all angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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