Jump to content


  • Tweets

  • Posts

    • It's Barclays.  I went in to see a manager who does know me and who also knows I was previously helping this guy.  Unfortunately this particular bank do not communicate by email or letter.  Only by phone with the account holder.  It was the 2 ATM withdrawals and 1 transfer that appear to have blocked the account.  He has no-one with authority in the uk to help. He gave me authority to help and use his account to manage his affairs/ pay bills etc - but not in the format the bank require - which is that he sits with me in a branch and fills out forms.  He can't do that. I didn't understand at first why he couldn't ring the bank. Now I do. Having tried to speak to him. He's incapable of talking properly.  Dementia.   I explained this to the manager.  But he said theres nothing I can do without PoA.    Anyway, it's very sad. And I'm very upset as I've known him since I was a teen  The fact you say the council can do nothing about CTax arrears is a reprieve
    • this is not making much sense but thats not usual for the threads from you... the fact that he is abroad and ill ? he cant use a phone..... he cannot easily communicate vocally so phone is out? fullstop? can he not use a chat online facility, most banks websites have them? can you not simply write to the bank and explain this? all banks must under banking rules have methods other that voice to communicate with them 24/7 do you know the reason why the account was blocked yet? is this bank a UK bank? if this has been going on for months now you should have logically already worked these things out for yourself.......
    • well i see what they respond with from carreg as i paid them for the plate and they put it with a wrong name which is a joke   i did try dvla to register the v750 to change name to my account but say its already been joined to another account    hopefully carreg get it sorted and get a new v750 sent out
    • He wasn't and isn't transferring any funds overseas.  It was 1 small transfer - ironically to me (which he'd done before) - and 2 small ATM withdrawals.  He has a 300/d limit on the card. And can't transfer more than 2k at a time.  This happened a number of months ago. And he isn't able to call the bank from overseas due to health issues.  He's getting his pension monthly (which I set up for him) and he can't access it.  It's a sad state of affairs
    • the RK on a cars v5c is not necessarily the owner nor the driver of a car as long as the person driving is insured it matters not. the bottom line is the VIN Number if push comes to shove that proves without doubt that they are indeed 'the same car' i seriously doubt you'd be that unlucky during the short period this might extend over till sorted.  
  • 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

Amendments Default Notices CCA 1974 from Oct 1st 2008


AndyOrch
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5690 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

A new amendment has been made in case of failure to give notice of sums in arrears in CCA 1974. Section 11 CCA 2006inserts a new section - 86D - that sets out the consequences for a creditor or owner if he fails to give a notice as required by sections 86B or 86C.

 

If the creditor or owner fails to provide a notice of sums in arrears when required to do so, then during the period of his failure to provide the notice (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement. In addition,

 

The debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner’s failure,

 

Notice of default sums

Section 12 of CCA 2006 applies to situations where a debtor or hirer under a regulated agreement incurs a default sum.

 

A creditor or owner must give the debtor or hirer a notice in the specified form when a default sum becomes payable as a consequence of a breach of the agreement. For example, you hire a car for the duration of your holiday. There will often be a penalty sum payable if you incur a fine from using the car. The car-hire company might say this is to cover, for example, administration charges. Either way, certain sums are payable if you breach the agreement. Where this applies, the creditor must provide notice to the debtor, of the amount they must pay. This only applies where the default sum exceeds a specified amount.

 

Additionally, a creditor may only require a debtor to pay interest (in connection with a default sum) 28 days after the day the notice was given to the debtor. So if the creditor fails to give notice to the debtor then he can not enforce the agreement until notice is given.

 

“Default sum”

The term ‘default sum’ has been redefined in s.18 CCA 2006.“Default sum” now means: a sum payable by a debtor or hirer in connection with his breach of a regulated agreement (e.g. a charge imposed for late payment of an installment due under the agreement or a fee imposed for exceeding a credit limit on a credit card). A default sum does not include sums that, as a consequence of a breach of the agreement, become payable earlier than they otherwise would have done. Nor does it include interest.

 

Interest on default sums

Section 13 has been amended so that a creditor or owner may only require simple interest to be paid in respect of default sums payable by the debtor or hirer. This includes sums payable under noncommercial or small agreements.

 

Minimum 14 days after Default notices

The new minimum period after which a creditor or owner may take action (in respect of the agreement after having issued a default notice) is now 14 days. It used to be only 7 days. Section 14 CCA 2006amends section 88 of the 1974 Act to create this extension.

 

Additionally, under s87, a creditor or owner must give the debtor or hirer a default notice in the prescribed form if he wishes to:

- terminate the agreement;

- demand earlier payment of a sum;

- recover possession of any goods or land;

- treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred; or to

- enforce any security

 

Section 88 is also amended to allow the Secretary of State to prescribe information in the default notice to include any matters relating to the agreement (e.g. information about whether the agreement includes a term providing for the charging of post-judgment interest).

 

 

 

Regards

Andy:wink:

  • Haha 3

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

thanks again andy will print off a copy for my knowledge and file

 

ciao maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

  • 1 month later...

Hiya Andy,

 

Could you please have a look at my thread. Could really do with some advice re the DN. I've got a directions hearing on the 28th Nov.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/77464-pudsters14-mbna-10.html

 

Pudst

x x x x

Link to post
Share on other sites

Hi Pudsters

 

Your on my list and will take a look over the weekend

 

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...