Jump to content


  • Tweets

  • Posts

    • the scrappage scheme is nothing to do with the agreement ...sorry. it's an enticement to purchase a replacement vehicle. just the same as shop signs that say 50% off or whatever.  its a done and dusted deal done before you enter into the agreement for the remaining £sum. 
    • don't get too hung up on the real meaning of 'fake' in terms of the documents a claimant might produce relating to a potential court claim. by fake we typically mean, they are not obviously the 'real McCoy' ,100% associated with whatever credit they are trying to pin on punters. they are often of the right 'version' that an OC would have used for that particular take out date, but with details inserted in a diff font where they should be for say your name address DOB etc. All DCA's typically  have filing cabinets covering each year for most creditor, whip 'em out, scan and copy n paste your details onto them, even easier now with online sign ups. no hard copies ever sent cause 90% of mugs have lost them..... one of our most powerful tools is the fact any docs they produce, unless they state they are 'a reconstruction'  MUST come from the original creditor noty some hidden pile the claimants have. Link are absolute masters at this so dont stick to lowell threads. dx    
    • Driving home last night I contacted wing mirrors with a car coming the opposite way. The wing mirror folded in and the glass popped out. Very minor damage.  I stopped at the next layby (A road) to repair the mirror. A passerby stopped and said they saw the other car stopped behind me in another layby - they went back and passed over details so we could get in touch.  The conversation started cordially, but quickly got heated when I said I was well on my side and they drifted over (which is what happened).  I wasn't going to bother filing a claim as there isn't enough damage to justify it. So I've said to the other party lets just call it quits as there are no witnesses and we both think we are innocent.   they said they are contacting the police and insurance and that they have witnesses. But a quick facebook search found a post by the other person saying they were in a crash, and were 'spun' off the road. Picture of a broken wing mirror and a slight scuff on the front and rear wheel arch. they are asking for witnesses. I have screenshots of the post, and sent them another message saying I can see you dont have witnesses as you are appealing for them. I'd really not drag this out. Lets call it quits and move on. this was followed by a couple of messages that didn't really make much sense. e.g. 'do the right thing'. What should I do now?  Contact police?  Contact my insurance? - Can I tell them about this incident but say I dont want to claim? Will that affect my premium?  
    • This is the crux of the argument. The scrappage contribution should have also been counted as a deposit. It was literally a part exchange in return for a cash deduction so there is no reason it wouldn't be treated the same way.  I did not request a VT, I was struggling to pay after a separation from my partner at the time. However had the figures been reflected correctly, the VT cost would have been 2k not 9k and I may have considered it as an option. Instead, the car was marked stolen and removed from my possession by the police
    • LOL - old one the fiver theory - although with the poops its take a fiver now, promise 10p  sometime in the future while claiming the reverse theory   So when is jenrick, an apparent slam dunk as referenced higher in the thread, being referred to the police? These poops need to know that anything they throw will be returned .. with interest  
  • Recommended Topics

  • Our picks

    • 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
        • Like
  • Recommended Topics

Sleepless Nights v 1st Credit


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5572 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 144
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Sleepless, I did reply to your post on Saturday night but lost the connection and so you didn't get it. Fill the forms in before you go to court as 42 Man has set out. In my daughter's case she swore the affi on the 24th April, hearing mid july. Make sure you read up on the info on Default Notices and Assignment as this was important in my daughter's case. Info on this is kindly provided by Tomterm in the General Debt Forum. Also look in the stickys for the CCA and read up on the various sections, I printed them out for my daughter so she could read them in court. Good luck

Link to post
Share on other sites

Its 18 days from date of service - if by post then its seven days.

 

Default of CCA on otself isn't relevant to set aside as technically the debtor isn't trying to enforce the debt. Its important to concentrate on the fact that the debt is disputed and the creditor hasn't provided any evidence of it.

 

 

Sorry I meant if by post service is not deemed for seven days from date of posting.

Link to post
Share on other sites

Hi All

 

spoke with my county court today & she was very helpful - said I can go in & they will help me with my forms etc. She also said that you have 28 days from issue of SD to apply (don't think that is true) so going in to sort with them. All I need are my forms & SD letter from 1st Credit at this stage

 

Thanks for all your help everyone, it is very confusing when you are not wise on how things work, I still need help as to where to clarify my reasons for having it set aside as points 1 - 8 don't seem to cover me

 

I am really concerned about whether I should own up to the debt or not & if not why

 

Any suggestions would again be welcome

 

Thanks

Link to post
Share on other sites

Hi all

 

Is it me being thick and/or not understanding the process for having an SD set aside

 

I am going to hands my forms & swear my affadavit today - Is this all that will be happening today?

 

The court said I should receive a letter within a week (will this letter tell me if it has been set aside & give me a date for the hearing?

 

What happens if it isn't granted set aside - will I then get a letter about a bankrupcy hearing (and what do I do then)

 

Any clarification would be greatly appreciated

Link to post
Share on other sites

Hi Sleepless,

Its more likely you will have to attend a hearing so will get letter about that.

In my daughter's case we provided evidence that she had been trying to pay but Barclaycard had kept applying charges and interest so she was getting nowhere, plus they only had an application form with none of the prescribed terms. We only produced this evidence of trying to pay at the hearing though. The really important bit is the lack of a properly executed agreement. Hope this helps.

Link to post
Share on other sites

Good luck at the Court today.

 

Make sure you have 3 copies with you.

 

I cant see any reason why you will noty get the SD set aside.

 

HAK

Link to post
Share on other sites

thanks bb

 

Bit confused though - on the SD it has 1st Credit as the creditor (the people I now allegedly owe the money too however in reply to my cca they have passed onto their clients for them to send me a copy of the agreement

 

Surely 1st cred should have this if they are the creditor named on the SD?

 

Have you also noticed that whatever letter you get from them (and whichever department) it is the same copied signature on each one (god that person must be busy

Link to post
Share on other sites

If they are the only creditor named on the SD they should have all the docs., but they always don't and refer back to thier client. This is an abuse of process and should be brought to the courts attention as only the owner of a debt can bring court action without naming the original creditor as co-claimant.

 

Query this with the court and 1st crud as only an absolute assignment can allow them to bring any action on thier own.

Link to post
Share on other sites

Hi bb

 

How should I query it with 1st cred as they say in their cca response that they have contacted their client - should I not also contact original crditor to see who owns it now

 

That would be best and you cover all bases then ;) Neither can say they weren't aware of proceedings being in order...

Link to post
Share on other sites

Well done Sleepless Nights getting the affi out of the way. We had exactly the same excuse with 1st Crud and don't believe them if they say that they have instructed their solicitors to set aside the SD.

Had some very interesting info from my friendly local TS to-day which might assist - BabyB knows all about this ..... its a bit wordy to post in its entirety but here's a couple of relevant points :

"...Neither should creditors suggest that a consumer has signed a credit agreement where they are unable to provide evidence to support this - to do so is likely to be a misleading action under Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs) and would also constitute an unfair or improper business practice. In our view a debt collector who has bought the debt is the 'creditor' and as such takes on the liabilities of section 77.

The first issue on when the debt collector becomes the creditor is relatively simple. Section 189(1) of the Act defines 'creditor' as the person providing credit under a Consumer Credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law'

Where the debt collector is not acting as the creditor's agent, or otherwise on his behalf, the only legal basis he can have for demanding payment from the debtor is if the creditor's rights and duties have been assigned to him. Therefore we can be reasonably confident that a debt collector who has bought the debt is the 'creditor'.

Link to post
Share on other sites

Hi bb & mm

 

So does that then mean that 1st Credit have bought the debt (been assigned it) as they are the name on the SD & therefore THEY should supply me with the CCA & if they have contaced OC for this then it would be null & void or on the other hand if the OC are STILL the creditor have 1st Credit broken the law by naming THEMSELVES as the creditor on the SD

 

I haven't spoken with TS yet but I think it may be a good idea, any opinions

Link to post
Share on other sites

Hi, SN

I think the proper term would be "in breach" of the Act, i.e. from same information:

Misleading statements to debtors

Sections 77 and 78 refer to supplying a copy of the 'executed'agreement within 12 working days of receiving a written request from the debtor. Failure to do so makes the agreement unenforceable against the debtor until a copy is provided. In addition, if the default continues for a period of 1 month the creditor is in breach of the Act.

 

Good idea to raise formal complaint with your local TS, I know its a pain but include copies of all correspondence with 1st Crud and your telephone number. Also have a look at pt's threads, he is an absolute wizz on defence including all the case histories. I love the quote from the website of francis bennion, draftsman of the CCA 1974 re Wilson v First County Trust ltd etc:

 

"Dr Lawson may be interested to know that I included the provision in question (section 127(3) entirely on my own initiative. It seemed right to me that if the creditor company couldn't be bothered to ensure that all the prescribed particulars were accurately included in the credit agreement it deserved to find it unenforceable and that the court should not have power to relieve it from this penalty. Nobody queried this, and it went through Parliament without debate. I am glad the House of Lords has now vindicated by reasoning and confirmed that nobody's human rights were infringed".

 

You'll find most of pt's posts in the legal section of the general debt forum.

Link to post
Share on other sites

sorry guys

 

completely lost me here!!

 

Sorry SN, didn't explain myself properly, pt's defences can be found in the Debt Action Group legal issues forum. Its a good idea to aquaint yourself with all the arguements (if your case does go to hearing) regarding why any "agreement" they might send (which sounds unlikely given they have given the usual excuse of referring to Original Creditor) is unenforceable.The quote by francisbennion really points out consumers are protected by the various sections of the CCA.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...