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


  • Tweets

  • Posts

  • 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
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.

Help with Intial Writ from TBI

vitalspark

By vitalspark
in Dealing with Debt in Scotland

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5718 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

vitalspark

vitalspark

Posted
Posted

Hi,

 

I have received an initial writ from TBI Financial services. This is for an old HFC loan which I had back in 2001. I have sent letters asking for a copy of the assination of the debt from HFC to them and also asked for a copy of the original signed CCA. (Template letters from this site). I received a letter back saying they were disapointed and not happy with the tone of the letter. No further feedback from them until today when a initial writ was posted through the door (not even in an envelope) stating they will produce the credit agreement in court.

 

The debt is £10,423.98 plus interest at 8%.

 

What should my defence be?

 

Any other advice.

 

Thanks

 

Vitalspark

Link to post
Share on other sites
rory32

rory32

Posted
Posted

This is for an old HFC loan which I had back in 2001.

Have you made any payments towards the loan since 2001?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites
rory32

rory32

Posted
Posted

If you haven't made any payments since 2003 then it is possibly statute barred depending on when the payments were made in 2003.

 

What are the Details of Claim?

 

Have you received any other forms other than the initial writ?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites
Eternal pessimist

Eternal pessimist

Posted
Posted
If you haven't made any payments since 2003 then it is possibly statute barred depending on when the payments were made in 2003.

 

Don`t want to hijack thread but this is kind of on topic,Spoke to lawyer yesterday who said as long as a DCA have made an attempt to pursue a debt in the past 5 years it cannot be statute barred.

In my case the debt i have was last paid Sept 03,no contact at all with DCA but because they lodged court papers on Aug 15th 2008 it can`t be statute barred.She did say it was a grey area though.

I found this strange what is to stop a DCA plucking a figure out of the blue and suing.

Link to post
Share on other sites
vitalspark

vitalspark

Posted
  • Author
Posted

Today I received a letter from David D Jones LLb with a copy of a Personal Loan Agreement and terms and conditions. Is this a consumer credit agreeement or just a loan application? Also there is only one name typed on the agreement and the second name hand written in. Does that mean only the typed person would be liable?

Link to post
Share on other sites
rory32

rory32

Posted
Posted

Is the loan agreement signed?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites
rory32

rory32

Posted
Posted

who said as long as a DCA have made an attempt to pursue a debt in the past 5 years it cannot be statute barred.

 

Correct but they would have to have pursued it through the courts.
In my case the debt i have was last paid Sept 03,no contact at all with DCA but because they lodged court papers on Aug 15th 2008 it can`t be statute barred.
As they lodged papers in August then it is within the 5 year period, so even though the hearing may well be after the 5 years the initial action was taken within the 5 year period.
what is to stop a DCA plucking a figure out of the blue and suing.
Well surely you would ask them to substantiate the amount. DCA's can not add costs/charges (unless they are court costs) to the account unless there is a clause in the agreement allowing them to do so. As this is a consumer agreement there won't be as this would bring into question the validity/fairness of the consumer credit agreement.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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...