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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
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    • 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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Hello all at the CAG and all of those people helping one another out with their advice (my first post).

 

I have 3 loans totaling £45,000 and 7 credit cards with totals of £70,000 making total owed of £115,000. I contacted the CCCS (mid July), they have stated that I should make token payments of £1.00 pm, which I am doing. I have received default notices on a few cards and am due the others soon. I have not received any CCJ's yet.

 

Up until now I have been using my savings, this has now run out, to pay the lenders the monthly amounts. My Income has reduced from around £40k a year to £10k approx. I am self employed and paid on commission only (very irregular payments). I live in rented accomodation and the only real thing of value I have is a car worth around £6,000.

 

My debt is in the early stages of default, but I would like to be prepared when events become a lot more serious. If possible I would like views on the following:

 

Should I just file for bankrupcy and then get discharged as soon as possible (I will lose my job if this happens - but at least I will be debt free)?

 

An IVA may not be possible as I do not have a regular income and therefor cannot guarantee to be able to pay the agreed monthly amount.

 

What other options do I have, have I missed anything?

 

Your help would be very much appreciated and apologies for the length of this post.

 

Kind regards

netmot.

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Hello all at the CAG and all of those people helping one another out with their advice (my first post).

 

 

Should I just file for bankrupcy and then get discharged as soon as possible (I will lose my job if this happens - but at least I will be debt free)?

 

Before decalring yourself BR u will need to have some legal or financial advise as the district judge will ask this before declaring yoruself BR. if u didn't have done this, then your BR order can be postponed until u have done so. Regarding Dsicharge, u don't get discahrge as soon as possible, u remain undischarge for a period of 12 month. However if u case is deemed by the OR straight forward and is happy with you and have been cooperating then they can apply for early discharge but it is no guarantee either !!!!!!

 

u will be debt free but your BR will remain wih you for the rest of your life! i think u shoudl really get some advise beforehand BR is not a quick fix option or an easy way out !

An IVA may not be possible as I do not have a regular income and therefor cannot guarantee to be able to pay the agreed monthly amount.

 

What other options do I have, have I missed anything? have you though about a DMP ? have u CCA them all ?

 

 

netmot.

 

hi netmot i hope it does help but think carefully before filing for BR as it seems u don't knwo very much if the consequence of BR such it can be difficult to get a bank account, saving account etc ... u r name is published in ur local paper adn the LOndon gazette so everyone can see it, u will have to comply with all the request with the OR , u may have an IPA/IPO against you for 36 month , u will have to declare to anyone that you have been BR when requested even when discharged....

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Thank you phat256.

 

What is a CCA?

 

My initial thoughts are; if I have a DMP with the amount owed it will probably take at least 15 years to clear the outstanding debt. What is better, having the debt for this length of time of having the indignity of going bankrupt?

 

At the moment I cannot think straight and colate one with the other, all views are welcome.

 

netmot

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A request for a copy of your Consumer Credit Agreement.....basically if they don't send you a copy within 12+2 working days they are in default of your request and a debt cannot be legally enforced without it....(you'd be surprised how many don't have copies and how many are unenforceable).....

 

If you are going to send off a CCA request (it only applies to Credit Cards and Loans) yo uneed to send letter 'N' from here... - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

You need to send each request (to the Data Controller at the head office of the bank/credit card) by recorded / guaranteed delivery and send each request with a £1 postal order and do not hand sign the letter as it has been alleged that some debt collection agencies may try and 'lift' your signature onto agreements. !!!

 

This is the relevant act...

 

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

Regulation 2

Section of the

Act

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

and section 78 for running credit

 

 

78.

Duty to give information to debtor under running-account credit agreement.

— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

 

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)

showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b)

where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement;

 

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement

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Thanks 42man,

 

Should I try this with all of my creditors or just the ones that will not accept the token payments or who have not stopped the interest on the account?

 

Am I not alerting them to the fact I will try everthing to get out of the debt, and will it not be seen adversly by them?

 

Regards.

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More inforamtion on Bankruptcy here http://www.consumeractiongroup.co.uk/forum/formal-solutions-bankruptcy-administration/56970-insolvency-dealing-debt.html

 

On the surface it looks as if it is your best option.

What is your job? There are very few people who lose thier jobs as a result.

Consumer Health Forums - where you can discuss any health or relationship matters.

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gizmo111, thanks for the link. I have a car wourth around 6k, if I declare myself bankrupt would I be allowed to keep it, I would be unemployed but looking for a job?

 

No you wouldn't be allowed to keep it. Is it on HP?

Consumer Health Forums - where you can discuss any health or relationship matters.

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No you wouldn't be allowed to keep it. Is it on HP?

If it is on HP you may be able to keep it.

We got to keep ours when husband went bankrupt in 2006. Also got to keep our house, but there was no equity in either.

The Official Receiver told my husband even though he could keep the car, the Finance company may still take it back as bankruptcy can invalidate a finance agreement even if payments were maintained.

Not sure how true that is. It never happened to us.

He was discharged a year ago and we just bought a new car on finance through a main Ford dealership. It went through OK in my husbands name. Not sure why, but the past bankruptcy on his credit file didn't seem to bother them. The APR is also not higher than usual. We thought we would never get credit again for at least 6 years but that isn't quite so as we just found out.:)

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gizmo111, The car is not on any form of finance.

The Phantom, so there is a chance I may be able to keep it, thanks for your input.

 

No - you probably would have been able to keep it if you had it on HP. As it is worth around £6k, then it will be sold.

Consumer Health Forums - where you can discuss any health or relationship matters.

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