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    • Hi   I receieved a Final Letter notice this morning as I parked in a supermarket parent and child space. I knew I should not have but I was only 5 minutes in and out.   Basically I did NOT recieve the first letter and the first I heard about it was the Final Reminder Notice. The ticket should have been for £30 but am now being charged £80   I am unable to appeal as they state the time has passed.   Is there anything that I can do?   Regards   TOSH1
    • Hello,   I have had a recent development regarding the court claim. I received a letter from the court ordering VCS to resubmit their particulars of claim 1653045170645_1653044813811653045170645_1653044813810_May 20, Doc 1 (1).pdf0_May 20, Doc 1 (1).pdf   In response to the letter, recently I received the below from VCS. May 20, Doc 2.pdfMay 20, Doc 2.pdf   I have until 15 of June to respond. I have a few of questions: 1. Do I resubmit my defense, and change its content to reflect the new particulars of claim? It claim hasn't changed significantly, but there are now paragraphs. 2. If so, do I do it online or directly to the court, as it has already been allocated. 3. Also, the last communication with VCS prior to this, has been from Elms and their instructions were to send everything to Elms. I now see that they are sending everything themselves. In the letter from the court, it says send copies to the claimant's solicitor. If I need to resubmit my defence, who do I send copies to?    Thank you in advance.   I am trying to find another thread where this has happened, so far I haven't been successful, so if you know of any, please could you share.  
    • Have a good look at Schipoo's latest submission, done last week.   Of the 2 Tribunal Rulings in April, the shorter one (McCumiskey v HMRC) is probably the more relevant.   Just do all the preparation you can and let us know how you get on.
    • Hi Rob, yes it seems that way!   PS: my hearing is tomorrow. I'll be taking a look at the Tribunal rulings tonight in preparation
    • Hello, hope you’re all well.   Just an update.    We still have the vehicle, the agreement hasn’t been defaulted or terminated yet (even though we’ve not made any payments since January).    After a lot of back and forth, the finance company agreed to pay for an independent inspection at a main dealer BMW workshop.    Workshop came back and the vehicle has £6,350 worth of urgent repairs, everything from rear brakes being worn to the point there’s no pads left, rear differential bushes are degraded completely, and of course the big one, the timing chain mechanism is defective and needs replacing, technician also stated that it’s best to have a new clutch fitted to the vehicle as the clutch is heavily worn and the gearbox will be detached from the vehicle so it makes sense to put a new clutch into the vehicle to avoid having to do this again in 5,000 to 10,000 miles.    Finance company has been really patronising and has said that they will only pay for the timing chain repair, and this is as a good will gesture without any admission of liability as they are of the opinion £5,000 timing chain replacements are “wear and tear”, even though BMW has admitted it’s defective and are contributing to the repair, I’ve declined this on the basis it’s not “good will” to withhold a repair for 7 months and try to pass it off as “wear and tear”, I want the finance company to admit they were wrong.    Finance company is refusing to put right the rear brakes (which the vehicle cannot be driven unless they’re done because the condition is dangerous, having seen the video of the rear brakes I’m disgusted at the condition they are in), the finance company will not repair the rear differential and will obviously not put a new clutch into the vehicle, expecting me to make £1,500ish in repairs out of my own pocket.    I’m unwilling to pay for any repair to this vehicle as we have had 4 months of use age out of it, it cost £8,000 and already has £6,350 worth of urgent repairs required, this clearly shows it was not fit for purpose, not as described and not of a satisfactory condition.   Finance and supplying dealership are refusing the rectify the poorly done paint repairs that have peeled off both the front and rear bumpers, even though these were pre-agreed and part of the condition of sale.    Financial Ombudsman Service has not yet ruled on our dispute, however I now have an independent report that shows the vehicle was not fit for purpose, and the finance company/dealership should have repaired it when I made the request under s.23 of the CRA 2015 back in November 2021, they acted unlawfully and unfairly in refusing this, and refusing to carry out my rejection in January when they failed to repair the vehicle.    I’ve written back to the finance company refusing their proposal to have just the timing chain repaired, as I disagree with the premise of it being out of “good will” and “wear and tear”, I also believe that they are liable alongside the supplying dealership for other defects that could not possibly have occurred due to my very limited use of the vehicle. 
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1st Credit/Lcs Solicitors


beero7
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well for starters u need to make the OFT aware of this. WHen the licence for 1st cum up for renewal they look at how many and the seriousness of the compains they ahve had on if they can grand the licence. the more ppl who complain the more likely they are to lose the licence.

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!!'.

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You could start here....although this is for organisations to fill in, I would send this !!!

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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  • 2 months later...

hi every1,

 

just a quick update,

after loads of letters to the courts i was told in writing that when tranfering my file from guildford county court to hastings (my local court) they have managed to lose most of my file includding my N244 ( set aside aplication) lucky the cashed the cheque back in july.

 

received a reply from my SAR to M.B.N.A ( the original credit card company) saying they have nothing on thier files.

 

and still no news from 1st credit / LCS solicitors.

 

cheers

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well what a suprise.

 

I would make a new N244 and advise as you have already paid for it back in July and they have cashed the cheque that this one will not be piad for. They have already had your money so they are withholding it without reasonable reason.

 

If they Judge ask why you did not have this set aside sooner you can explian that you tried and that the courts have admitted to losing half your file.

 

just do what you done previously and apply to have the judgement set aside go to the courts and explain what you have been told, with the evidence of there mistake and the cheque being cashed,and speak to the courts manager about it.

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!!'.

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  • 1 month later...

update,

 

hi all, today ive had some contact from hastings courts.

 

there is a hearing on monday for a final charging order, thats right ive been told today......friday...... that im in court monday.

 

also guilford have admited they have lost my application to have the judgement set aside, i had to run down to hastings courts with a new application and hopefuly the judge will look at it monday.

 

also i still have not heard from lcs/1st crud with my cca think its been about 5/6 months since they received it ( they did confirm they received it on 14th september 2008 )

 

so im gonna try and sort all my stuff for the hearing on monday morning, any advise will be lovely.

 

cheers

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Hi berro7,

 

Wow, have read the thread, shafted comes to mind just hope you can make the Judge understand the sequence of all of the events alongwith timings & evidence of who had and lost what.

 

Good luck, and thank you for keeping this thread going.

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Hi all,

 

Just got back from court, 1st crud sent a agent to act on their behalf.

 

Well, the Judge has adjurned it for the next avalible date after 14days were he will hear both the final charging order and the set aside, he did say that my reasons to set aside had 'Very valid points' but because the lady who turned up was only a agent for 1st crud he would give them 2 weeks to look at my application.

 

Im really thinking of getting some Legal repesentation for the next hearing, Im a bit worried that LCS/1st Crud will turn up with everything in order and i must admit ive never been so scared in my life as i was at court.

 

I'll keep you all posted when i know more.

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that did cross my mind ODC, i bet their wondering how i knew because they never sent me any paperwork to say i had a hearing.

 

oh well lets wait and see what they will do now.

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[EDIT]If you can afford it I would seriously contemplate getting legal representation to wipe the floor with these [people].

Edited by alanfromderby
Abuse

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Hi beero7, Thats not a bad result today, could had been a lot worse. Well done I must admit if your not used to Court rooms it can be very scary place, still at least you were not going for sentencing.

 

Hi ODC, Quick question, if one is due in court surely someone must or should let you know, I'm quite worried as there appears to be a lot of this 'Judgement by default' around at the moment, any advice.

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Of Course they should advise you of a Court Date but DCAs believe that they are above the law. Not of course that I would accuse Worst Credit of being in this category but you should read the thread and make up your own mind.

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[EDIT]

 

Is there nothing that can be done, it sounds a bit late to go back to court after they have a CCJ as beero7 has discovered worst credit will act very quickly once they've got it.

 

I really hope beero7 can do something about worst credit. re legal rep in court, can any lawyer help or do they need to specialise in Civil Cases?

Edited by alanfromderby
Please keep posts factual
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Beero, having read your thread over again from start to finish feel that you have been shafted not only by Worst Credit but by the Courts.

 

I urge you to get your MP involved in this matter.

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Beero, having read your thread over again from start to finish feel that you have been shafted not only by Worst Credit but by the Courts.

 

I urge you to get your MP involved in this matter.

 

I conclude with ODC, this needs to be reconsidered from the start, its a travesty of justice and worst credit should be allowed to get away with this!!!!

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also i would make another court complaint. Have u had a refund re the missing n244?

 

i feel u should be entitled to some type of compensation but i can see that happening.

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!!'.

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Hi berro7,

 

As post #67 above, ODC has offered a possible route.

 

This really does seem on the face of it to be outragous series of events, so if you have the time then go for it. Nothing lost worth a try.

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Highly unlikely that 1st Cred will have the paperwork....however as you have confirmation from the OC that they have no paperwork, then 1st Credit will struggle....I was in a similar situation, 1st Credit made me bankrupt with alleged debts from 2 banks...I SAR'ed the original creditors and they too could find NOTHING on my files.....through all the BR and the dissmissing of it...all they ever provided was a letter with a copied logo of a bank on it, saying you OWE US THIS....NO OTHER PAPERWORK !!! Fight this and get your costs.....and report them to the OFT....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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