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


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    • dx100uk
      Erudio/SLC

      By dx100uk · Posted

      old and new threads merged i though you were going to send the SB letter in 2017? dx  
    • dx100uk
      JCI/BW PAPLOC - old Advanced Payment Solutions Ltd t/a Cashplus

      By dx100uk · Posted

      dunno you've not scanned up what you've had before how can we tell?  
    • Mezzle
      JCI/BW PAPLOC - old Advanced Payment Solutions Ltd t/a Cashplus

      By Mezzle · Posted

      Cca*
    • dave024
      Erudio/SLC

      By dave024 · Posted

      Today , after a lot of years i received a letter from this lot. Very friendly, "Were writing to remind you that we haven't had any contact from you in a while".  The velvet fist, followed by  a veiled threat to get their preferred debt collectors involved. Yep dead right. In 1992/3 I took out a Student load under duress from DHSS. up to 2000 I had successfully gotten deferment on low income. But rather than sign on as unemployed ,I decided to be self employed. I applied and they asked for all sorts of documents. I obliged and then correspondence ceased from them, circa 2001. To date I have had no correspondence from Student Loans. I was made redundant in 2009 and reached 65 in 2012 , at which age the loan should have been cancelled. Now , today, 12 years on retirement and 11 ( at least years after last contact) I get a letter with veiled threats. Do I , as I smell a scam a) ignore it and hope that Erudio will think that this phishing attempt has failed or b) respond with a statute barred letter or c) remind them of legal terms that loan should be cancelled 12 years ago or d) combination of b) +c)      
    • steam_hammer
      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

      But I'm not mixing and matching. Sure, when researching I do check multiple avenues, but when speaking, I will open a single post. The Fb post was made in March, it is now June, time has passed, and when the suggestion was made, no further information was given on how I should progress beyond "send a letter", which has meant that I've needed to start another stream - this one, but only after taking the time to research first.

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    • 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.
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      BankFodder

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    • 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 
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    • 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
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      WanTToMoveOn

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    • 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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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HFC Loan Court Claim-Advise needed

SupermanX

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SupermanX

SupermanX

Posted
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the court has scheduled a summary judgment on the same day as the claimant's hearing, eventhough i applied for a SJ without a hearing :???: !

 

i'm now trying to settle this before SJ, they have refused to vacate the SJ hearing basedon the fact that we may need more time to settle, however they are willing to review the situation a few days before the hearing date.

 

Super

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car2403

car2403

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The Court won't be happy with that - if they wait a few days before the hearing, it's unlikely the hearing will be vacated in time. (It takes the Court 3 weeks to turnaround, these days!)

 

Anyway, not to worry, as you still need to attend the hearing and inform the Judge that you've tried to agree to a stay based on getting a settlement ready - so keep anything you have to prove that, as it will be useful later on, if it doesn't go to plan.

 

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caro

caro

Posted
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the court has scheduled a summary judgment on the same day as the claimant's hearing, eventhough i applied for a SJ without a hearing :???: !

 

i'm now trying to settle this before SJ, they have refused to vacate the SJ hearing basedon the fact that we may need more time to settle, however they are willing to review the situation a few days before the hearing date.

 

Super

 

These are just my thoughts on this but make sense to me. Although you may have asked for SJ without a hearing, the judge may want more information before deciding on that, maybe from you to see why he should pass SJ, maybe from the other side to see why he shouldn't.

 

If he then decides not to pass SJ, it makes sense to hear the case while both sides are there.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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car2403

car2403

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Posted

Even if you didn't ask, or pay for a hearing, the Court can still order that the application(s) be heard at a hearing on it's own initiative. Usually, where both parties apply for SJ, a hearing is a given anyway, as both parties clearly have issues with the claim that needs to be addressed - again, usually, these hearings come to very little, as the Court will be reluctant to award SJ unless it's clear that either the claim should fail on technical and equitable merits, or that the defence is flawed and cannot continue. Even if that is the case, the usual outcome is further directions for the future conduct of the case. (Which would mean amended POC if the claim was dodgy, or an amended Defence if the defence was dodgy, or both, being ordered - only if non-compliance happened would the claim be struck out, but it's still unlikely SJ would be awarded, even in these circumstances)

 

IMHO, the fact that both parties think they should get SJ, will mean that neither of them will - if you have enough evidence to even request SJ against the other party, there has to be a prima facie case to answer and a defence that at least needs to be tested by the Court in a final determination hearing.

 

The Judge won't hear the case at a SJ hearing neither. He may question the parties to establish if there is a case to bring and a suitable defence, but the standards required at this early stage are very low.

 

The best you can expect, should you get to the hearing, (and the other side turns up!) would be to seek directions for amended POC, followed by an amended defence, leading to full disclosure of witness statements and supporting documents prior to the final hearing being listed, IMHO. Oh, and remember to ask for the directions to be an "unless order", so that you don't need to go back to Court for a strike out, should they fail to comply with the deadlines - I'm almost certain the Court won't want another hearing on the same subject, so push the issue of saving the parties and the Court time, by asking for an unless order...

 

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SupermanX

SupermanX

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Thanks for your advise. To be honest with you, I'm a bit nervous for the hearing as I'm not sure what to say:???:

 

On a different note, do you know a solicitor that i can get in touch with a PPI claim that I have versus Egg credit cards,..i've posted this on the PPI section of this site but so far i've had no reply. I need to amend my POCs and submit my AQ before the end of next week.

 

Tks

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SupermanX

SupermanX

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Posted

we are still trying to agree settlement on this but as we have not reached agreement they have agreed to adjourn the SJ appliaction to the first available date after 28 days. They have suggested that we should ask the court for 30 minutes for the adjourned hearing.

 

I have the above confirmation on email, the original hearing is scheduled for Tuesday.

 

1) I also need to adjourn my SJ application?

2) Shall i write to the court, or attend the court to explain the situation?

3) are there any fees to pay? i believe it is £75

 

Super

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car2403

car2403

Posted
Posted

If it's Tuesday, it's probably too late.

 

You should take a letter to the Court in person and ask the Judge to adjourn your application as well. It would be worth still going to the hearing, so you can just do this on Tuesday. (Or Monday, if the Court is near and you can go)

 

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SupermanX

SupermanX

Posted
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Hi

 

we have now agreed settlement on this, they want me to sign a consent order? they also want to apply to the court for the case to be stayed until full payment is made, we have agreed to a monthly figure not a lump sum over a term of xxyears

 

they also want to review my situation every 6 months, shall i agree to this? also I'm not sure how this would appear on the credit file?

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AndyOrch

AndyOrch

Posted
Posted
Hi

 

we have now agreed settlement on this, they want me to sign a consent order? they also want to apply to the court for the case to be stayed until full payment is made, we have agreed to a monthly figure not a lump sum over a term of xxyears

 

they also want to review my situation every 6 months, shall i agree to this? also I'm not sure how this would appear on the credit file?

 

Hi Super I trust you are well,long time no chat.

 

Ok with regards to the above Consent Order their request are quite normal under the Consent so nothing to worry there.I trust you are happy with the final figure and your proposed payment instalment.

With regards to the stay this is normal and allows either party to seek recourse from te Court in the event that either party should seek a variation of the Order.In addition if you were to default on the monthly instalment,then the Claimant wold have recourse to the Court

The six month review is also standard practice to veryfy your I&E.

 

With regards to your credit file this will appear as a default and cannot be marked as satisfied (even though you reached an agreement).This is because Lenders are under a legal obligation to reflect the true position in accordance with the Information Commisioners Guidance.

 

I trust you are satisfied with the outcome of your case and clarifies your concerns..Well done

 

Regards

 

Andy

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SupermanX

SupermanX

Posted
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Thanks, yeh long time no talk, I've stayed clear of creditors ;)

 

what happens if your income changes, can any party renegociate the terms? if there is no compromise would the current deal stand?

 

Super

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AndyOrch

AndyOrch

Posted
Posted
Thanks, yeh long time no talk, I've stayed clear of creditors ;)

 

what happens if your income changes, can any party renegociate the terms? if there is no compromise would the current deal stand?

 

Super

 

Well naturally if your income increases the Claimant would like to renew the payment plan and if that fails between you and the Claimant then both have recourse to apply to the Court for them to decide and vary the Consent Order.But in most cases the Claimant would be happy to maintain the agreed payment/Consent Order

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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