Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • Schipoo
      HMRC seek repayment after Fast Tax Rebates Ltd take most of rebate

      By Schipoo · Posted

      Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
    • dx100uk
      Motor Mart Ltd. returned Faulty Car Court Claim Issued

      By dx100uk · Posted

      we dont allow that sorry dx  
    • NewsBot
      Kenyans' tax burden and why President Ruto wants them to pay more

      By NewsBot · Posted

      President Ruto says Kenyans pay less tax than citizens in some other African countries.View the full article
    • stu007
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By stu007 · Posted

      As PM Sunak really showed his true colours at the D Day Commemorations by doing what? Oh I am the British PM lets just leave early I have better things to do and as he is called out on disrespecting all those veterans that served our country for the freedoms we have today he gives a groveling apology to little to late. He knew about this event for a long time and also knew that this is probably the last D Day Commemoration due to the age of those Veterans who gave so much for there countries freedom. Even on the day of the D Day Commemoration he still could have changed his plans As PM and stayed but choose not to showing such DISRESPECT to those Veterans, those that lost there lives and Families for the Freedoms we have today Being a Veteran myself I have never known a PM to show such disrespect what the hell was he thinking SHAME ON YOU PM SUNAK  
    • FTMDave
      VCS SpyCar PCN now Claim Form - No Stopping - Bristol Airport

      By FTMDave · Posted

      Thanks. We'll try to help over the weekend. If the hearing is on 05/07 then it's 90% sure that the deadline for filing your WS is 21/06.

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Old Debt 6 years, issued Statutory Demand help

diverse99

By diverse99
in Debt Collection Agencies

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5736 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

diverse99

diverse99

Posted
Posted

Hi All

 

1st Credit have today sent me a Statutory Demand of Insolvency for a debt that is owed to Natwest Bank and is well over 6 years old.

 

I have not had any communication with this company, sent letters or event telephone contact.

 

Now this has arrived, obviously because i am on the Electoral Register in my new home.

 

Apparently i have 18 days to apply to the court to have it set aside, do i apply to the court under the statue of limitations, i do not want to ring them as this will start the whole new 6 year thing off.

 

Also there is no stamp on it from a court surely there would be the court address this was sent to, or am i wrong, is this just a scare tatic to try and get me to ring them?

visit my blog at

http://www.leicestercitycouncil.blogspot.com

Link to post
Share on other sites
bigegg

bigegg

Posted
Posted

You won't set the "six year thing" off again by phoning them - only by acknowledging in writing or making a payment.

 

I believe (though I could be wrong) that you can apply for a set aside at your nearest court - and it should be free.

 

Don't forget to send the "statute barred" letter to Wirst credit then you can report them to TS next time they contact you

Carpe Jugulum

Link to post
Share on other sites
diverse99

diverse99

Posted
  • Author
Posted

thank you for your advice, yes i did look for a court address and it said that if i wish to have it set aside i should apply to my local court or in the first instance ring them

 

Maybe a ploy for me to contact them and slip me up?

visit my blog at

http://www.leicestercitycouncil.blogspot.com

Link to post
Share on other sites
bigegg

bigegg

Posted
Posted
thank you for your advice, yes i did look for a court address and it said that if i wish to have it set aside i should apply to my local court or in the first instance ring them

 

Maybe a ploy for me to contact them and slip me up?

 

don't phone them!

You do have to apply for a set-aside tho, at your local court.

 

A statutory demand doesn't have to have a court seal - it does need to be "served", however - by a court process server, or possibly by FIRST class post.

Carpe Jugulum

Link to post
Share on other sites
tomterm8

tomterm8

Posted
Posted

Can I ask, is this debt for more than £750? Do you own your own home?

 

First credit are issuing stat demands like confetti at the moment. They issue actual petitions much more rarely, but you've nothing to lose applying for a set aside.

 

EDIT: And yeah, you can use that as the reason... depending what type of loan it was. (Erm, what type of loan was it?)

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.

Link to post
Share on other sites
diverse99

diverse99

Posted
  • Author
Posted

Hi

 

Yes 960.00 and i do own my own home well only in the last year. I will have it setaside, i will also in my application after reading other threads that 1st Credit are abusing the process and issuing these like confetti, and i will also add a costs element for me as well.

 

I need advice on costs as i am self employed is there like a basic hourly rate etc.

 

It was not a loan i was overdrawn and was charges as well

visit my blog at

http://www.leicestercitycouncil.blogspot.com

Link to post
Share on other sites
tomterm8

tomterm8

Posted
Posted

Your costs would be the cost of attending a hearing, so basically traveling expenses and lost earnings. Have you written to them and / or paid them in the last six years?

 

No need to include the fact they are issuing them like confetti, although it is the truth, it won't help your case :)

 

Include the fact the debt was originally largly made up from bank charges, that you would seek to reclaim.

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.

Link to post
Share on other sites
  • 2 months later...
diverse99

diverse99

Posted
  • Author
Posted

Hi

 

Just to let you all know, i went to court to have the case set aside and 1st Credit & Connaught Collections failed to show. The case was set aside and i was awarded my costs 101.75.

 

Today a cheque arrived, they took me court for money, they never showed and now they have paid me.

 

The funniest thing is ...

 

I have now received another one from the same company for a different debt.

 

Here we go again

visit my blog at

http://www.leicestercitycouncil.blogspot.com

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...