Jump to content


  • Tweets

  • Posts

    • I contacted them when it happened. The caretaker came over, looked at it, and walked off with the tree chunks of mortar. Next morning, they had a roofer come over and enter our garden to inspect it. Friday they were supposed to speak with a scaffolding company. I had to bring up liability and potentially calling the council to report 'an unsafe structure' before they even got moving. They know all about the wedding, the preparations, our patio contractors etc. but their attitude doesn't instill me with confidence. My fear is it will end up being a legal matter which is why I posted here to hopefully receive some advice. As far as I can see, the roof is in a state of disrepair, even if it's just the mortar breaking lose due to the size and weight of the chunks - and even from ground level it's visibly clear that multiple pieces have fallen over time (though never this size so we haven't been able to identify the issue till now - we thought it was rubble left in the garden by the previous owner). Currently, we can't use 25% of our garden due to the risk of more falling mortar which is more than just an inconvenience, we can't proceed with our contractors, and at worst, it will run up in several thousand of extra expenses for us, if we have to find a wedding venue. Even if they do have it fixed in time, and we have to settle for renting a marquee and floor for the marquee and furniture and whatnot it will be additional costs only due to the neighbour's roof.
    • please create your OWN topic by hitting create or + in the top red banner  
    • It will be years before Banks would sell to a debt buyer.  Sometimes Banks will use external debt collectors to try to collect, but generally Banks don't take Court action.  So you could be looking at 3 to 6 years, before any dca owning debt looks to take any Court action. And it is not definite that this would happen. So no need to feel pressured at this stage. In the event you found yourself unemployed, you have time to engage with Banks to advise of your situation and ask for time to deal with the situation, find new employment. As long as you inform the Banks they will offer assistance they can. E.g offer payment holiday or accept reduced payment for period. What you should not do, is not contact the Banks and simply default on payments. 
    • I'd get back to them tomorrow, and explain the circumstances, that you have a wedding reception, and just appeal to their better nature. Hopefully they will be able to move sooner rather than later, especially if you go in in person and speak to them, and show them the issue.
    • The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; they were by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.
  • 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

Barclaycard Cca Received! - Claim now issued ***SETTLED***


tosh1
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4320 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

Hi Tosh

 

If the data they've supplied does not easily identify transactions on the a/c, complain to BC and ask for the data in a comprehensible format or in the form of copy statements.

 

Give them 14 days to respond and threaten to go to the ICO if they fail.

 

8-)

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 OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • Replies 336
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Try our library (access it at top of any forum page); bank charges templates (consumer); data protection request non-compliance.

 

:-)

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 OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • 4 months later...

Its all been quiet on the BC front until today.

 

Recieved two letters from Howard Cohen solicitors todays. one which is a notice of pending legal acion and the other is a notice of default sums for £1.00. This £1.00 is for a letter / admin charge and is a default. If I remember correctly they asked for £1.00 to produce a true copy of the cca agreement which I had already paid to BC, I told them this but I think they added anyway when they produced a signed application form.

 

I've not really looked at BC thread much these days as it's mostly been quiet and too be honest my elderly mum is keeping me busy with her issues. I still have not claimed back any PPI or charges back. Is this too late and what is a default?

 

All assistance and advise as always is greatly appreciated.

 

Regards

 

Tosh1

Link to post
Share on other sites

It should go to BC. Use a spreadsheet to claim interest in restitution. Get further info on this in the PPI forum.

 

You should also seek a refund from BC for all penalty charges plus interest in restitution.

 

Drop Cohen a letter saying the a/c is in clear dispute regarding penalty charges and PPI and they should therefore cease all collection activity in accordance with the OFT Debt Collection Guidelines.

 

:-)

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 OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Its all been quiet on the BC front until today.

 

Recieved two letters from Howard Cohen solicitors todays. one which is a notice of pending legal acion and the other is a notice of default sums for £1.00. This £1.00 is for a letter / admin charge and is a default. If I remember correctly they asked for £1.00 to produce a true copy of the cca agreement which I had already paid to BC, I told them this but I think they added anyway when they produced a signed application form.

 

I've not really looked at BC thread much these days as it's mostly been quiet and too be honest my elderly mum is keeping me busy with her issues. I still have not claimed back any PPI or charges back. Is this too late and what is a default?

 

All assistance and advise as always is greatly appreciated.

 

Regards

 

Tosh1

 

The default is unbelievable!! You need to write back and tell them it was paid to BC. Have you got confirmation of this or a receipt? A default on your credit record could affect your ability to get credit for the next 6 years, so tell them to make sure that your credit reference file does not contain any adverse or misleading information, which would be in breach of the Data Protection Act.

 

And yes as others have said claim back your charges and PPI.

 

PS - There's another meet being planned in Birmingham if you're able to make it.:-D

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.

Link to post
Share on other sites

PS - There's another meet being planned in Birmingham if you're able to make it.:-D

 

WHERE AND WHEN?

 

Piano and Pitcher again - date TBA.:-Dhttp://www.consumeractiongroup.co.uk/forum/showthread.php?303141-Birmingham-again-again-lol

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.

Link to post
Share on other sites

Obviously BC have sold the acc, and HC are pursuing it, personally i would ignore everything now until you get a court summons, and then go for it

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

Link to post
Share on other sites

just checked my credit file. CL finance have placed a default on my credit file even though it is was with Barclaycard. The default amount is different to what the current balance is. Is this allowed? Are CL finance allowed to place a default on my file?

Link to post
Share on other sites

Yes, although getting it removed can be a long drawn out process.

 

Once you have established that there are unlawful charges on the a/c (by getting them refunded), this task should be easier.

 

 

:-)

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 OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • 2 weeks later...

Just been going through all the statements and letters. Can't seem to find a default notice anywhere either from BC or CL. Are they allowed to default your account without telling you that is what they are going to do?

Link to post
Share on other sites

There's a strict procedure they must follow if they issue a Default Notice on your account.

 

BC a/c's are usually defaulted by Mercers, who seem to ignore the requirements imposed by the CCA1974 about Default Notices. They try to issue them on behalf of BC in a manner which is not correct.

 

Have you checked through all stuff from BC in response to your SAR.

 

8-)

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 OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi Slick.

 

I have sent an SAR off and recieved computer print outs. nothing on there about ppi insurance. cannot see any default letters either.

 

regards

 

tosh1

Link to post
Share on other sites

Hi Tosh,

 

I should add that there's a difference between a marker on your CRA records saying an account is out of order, and a Default Notice.

 

Have you checked your CRA records recently to see exactly what BC, CL Finance, or Howard Cohen Sol'rs have put on your files.

 

8-)

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 OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • 2 months later...

Who is making the claim and what does it say?

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.

Link to post
Share on other sites

Forgot to ask - how long is it since you acknowledged this debt - if ever?

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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...