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


  • Tweets

  • Posts

    • dx100uk
      Arnold Clark - Failure to repair damage to infotainment screen

      By dx100uk · Posted

      good idea take some pix and put them in a PDF read UPLOAD dx
    • dx100uk
      IDRWW/J&P - Emirates (HSBC) loan/Card

      By dx100uk · Posted

      thread title updated moved to overseas debt forum. sadly as they are outside any UK jurisdiction upon DCA rules which state in the UK they must not call employers, there not alot you can do to stop these scammers. make sure you totally make private ALL social media twitter/facebook/linked in etc etc as there no-way for them to findout where you work otherwise so you must have a leak somewhere. find it. your employer details arent even legally available to UK DCA's so how have they found it out to date???  simply write to the BANK informing them of your correct and current address ALWAYS!!. if you want to arrange payment or not TO THE BANK ONLY thats upto you. never ever ignore a Statutory Demand a Letter Of Claim a Court Claimform. if if if any of those ever happen. till then ignore and rewash. dx    
    • dx100uk
      Lowell/Overdales Claimform - old HSBC Credit Card Debt

      By dx100uk · Posted

      Date of issue –   13 may 2024 AOS date 31st may defence filing date 14th june plenty of lowell card claimform threads here use our enhanced google searchbox Lowell card claimform id be reading at least 5-10 threads a day. do NOT MISS your defence filing whatever happens.  
    • Easywayout
      IDRWW/J&P - Emirates (HSBC) loan/Card

      By Easywayout · Posted

      Hello All,  I’m hoping someone can help me urgently here. Firstly, I’d like to say I have read multiple other threads and have some what an idea of what I should be doing, however my case might be slightly different so coming with my own questions here.    my situation is I lived in Dubai and had a credit card and a loan, loan with HSBC and credit card with Emirates (or the other way round), I lost my job and was forced to leave the country as I was staying in the country on my companies visa.    since coming back, after a few years 2 different debt collections agencies have been approaching me (one being IDRW and the other J&P). I’ve never answered IDRWW and they constantly chase me by calling and messaging me and my employer. My current company is ok with this as I explained the situation but I’m soon to be joining a new company who definitely won’t be ok with being messaged and called. I’m afraid to continue to ignore them as they may message and calm the new employer as they have before and I’ll lose my job. However, it seems clear from these forums that dealing with the debt collection agencies is never a good idea. You shouldn’t agree to the amount or pay anything.    j&p caught me on my phone but I still haven't sent them any money or confirmed the amount they’re saying is owed, they keep pushing to pay off the “principal” amount by making monthly payments, from reading these forums it seems like if I make one of those payments (they have provided bank details for ENBD), then it’ll just be paying off interest and not actually clearing the principle debt and the bank won’t even approve receipt of payment or that it’s coming off principle.    this is my predicament as ignoring them might not be an option if they chase my new employer. Maybe there’s a way to ensure the debt collection agency don’t contact my new employer?? I don’t know? Massively appreciate peoples help here. Thanks, 
    • NewsBot
      What new 'fair value' savings rate rules will mean for you - SYLVIA MORRIS explains

      By NewsBot · Posted

      The clock is ticking for savings providers. They now have just a few weeks left to get their act together and start offering loyal customers a good deal.View the full article

  • 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.

1st Credit Not Complying With Stat Barred Debt

PSB123

By PSB123
in Debt Collection Agencies

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4173 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

  • Replies 113
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

PSB123

PSB123

Posted
  • Author
Posted

Thanks babybear39 I will indeed have this one set aside. I don't know what they would gain by making me bankrupt. There's not much if any equity left in my home, and there would be other creditors before them who would take priority. Infact I don't think there would be enough to go round considering the state of the housing market at the moment.

 

Now regarding this SD. It was sent 2nd class post (24 pence) and what makes me laugh is that every sd they send me looks different. This one is spread over 3 white A4 sheets of paper with no blue triangle in the top left hand corner. Also no court name is given. It is however "Form 6.1". It asks that I phone them to find out which court it is or if I want to discuss payment. Infact reading between the lines, the covering letter emphasises phoning them...In fact all they seem to want to do is to manipulate and bully me down the phone...It ain't going to happen. :rolleyes:

Link to post
Share on other sites
babybear39

babybear39

Posted
Posted

An SD isn't issued by a court, so no blue triangle. You need to call your local county court that deals with bankruptcy to get it set aside.

 

DO NOT PHONE 1st crud, there's no need. The SD is more than likely a bullying tactic and abuse of process but you really do need to take it seriously.

 

Do as I said in post #43 and also ask the judge at the hearing for punitive damages as they've done this 3 times before. That'll slap them on the wrist ;)

Link to post
Share on other sites
PSB123

PSB123

Posted
  • Author
Posted

I'm going to apply to have this sd set aside this week. I work near the High Court in Central London so will go down there in my lunch hour.

 

There are a few things I am unsure of though. What information will the judge expect from me? ie. details of the debt and when it was last acknowledged or paid. I only know it was approximately 6 years ago. Also, as well as me thinking it's stat barred, should I also give the reason of having it set aside was asking 1st Credit to prove it wasn't Stat Barred to which they never replied? Basically the debt is still in dispute and they are pursuing it and shouldn't be.

 

I am a little nervous of sitting in front of a judge and also don't want to look a fool because I hadn't got my defence in order.

Link to post
Share on other sites
tinkerbell20

tinkerbell20

Posted
Posted
Thanks babybear39 I will indeed have this one set aside. I don't know what they would gain by making me bankrupt. There's not much if any equity left in my home, and there would be other creditors before them who would take priority. Infact I don't think there would be enough to go round considering the state of the housing market at the moment.

 

Now regarding this SD. It was sent 2nd class post (24 pence) and what makes me laugh is that every sd they send me looks different. This one is spread over 3 white A4 sheets of paper with no blue triangle in the top left hand corner. Also no court name is given. It is however "Form 6.1". It asks that I phone them to find out which court it is or if I want to discuss payment. Infact reading between the lines, the covering letter emphasises phoning them...In fact all they seem to want to do is to manipulate and bully me down the phone...It ain't going to happen. :rolleyes:

 

 

If it doesn't specify court then it is invalid

Link to post
Share on other sites
PSB123

PSB123

Posted
  • Author
Posted
DO NOT CALL 1st crud.

 

As you know where to take it that's fine, do that, but do not ignore the SD.

 

Another poster mentioned making 3 copies, 1 for you, 1 for the court and 1 for the DCA.

You must be joking, no way!

 

I will make 3 copies of the sd though. Thanks babybear39!

Link to post
Share on other sites
PSB123

PSB123

Posted
  • Author
Posted
No. But seeing as you're applying for it to be set aside, you can't actually deny recieving it ;)

I would like to use the fact that it was sent 2nd class post as one of the reasons for setting aside. Would this be a good idea?

Link to post
Share on other sites
fiftypence

fiftypence

Posted
Posted
I would like to use the fact that it was sent 2nd class post as one of the reasons for setting aside. Would this be a good idea?

 

I believe the letter (no pun intended) of the law states first class post provided all other attempts at correct service have been tried, i.e. personal service at home, place of work, letters asking for a specified appointment time for the purpose of serving the SD, etc, only if all those fail then first class post can be used. Won't do any harm I guess to mention that 2nd class was used to see if the judge picks up on it. But it might be a bit risky to use that as the sole reason for set aside.

Link to post
Share on other sites
PSB123

PSB123

Posted
  • Author
Posted
I believe the letter (no pun intended) of the law states first class post provided all other attempts at correct service have been tried, i.e. personal service at home, place of work, letters asking for a specified appointment time for the purpose of serving the SD, etc, only if all those fail then first class post can be used. Won't do any harm I guess to mention that 2nd class was used to see if the judge picks up on it. But it might be a bit risky to use that as the sole reason for set aside.

No, the reason for setting aside is that it is Stat Barred. It is also in dispute. They can't chase a debt that is in dispute.

Link to post
Share on other sites
42man

42man

Posted
Posted

If it was me in your position, get the stat demand to the court....reasons are...

 

The debt is barred by the Statute of Limitations Act 1980

 

As you received the demand by second post you believe that it has NOT been served properly.

 

Despite your rights, you have received no statements, notices of assignment, no default notices, no letter before action. And to this day all you have received is a letter saying 'YOU OWE US THIS'

 

Claim your costs back @ £9:25 per hour + postage + mileage + parking

 

Send a letter of official complaint to 1st Credit, if they fail to respond or NOT to your satisfaction....

 

Report them to the FOS (Who will charge 1st Credit c £450 to investigate)

 

The FOS may also compensate you if you have a financial loss

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...