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    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
    • Please go back and read my message posted at 10:27 this morning @jk2054. I didn't say that I wasn't going to provide documents, only that I will upload them to an online repo that I am in control of, and that I would share links to these. You shall still be able to read and download them no different from if they were hosted here. And, the issue I have is not so much with hosting, but using an online pdf editor to create a multi-page pdf, again I have discussed this that same message.
    • Thanks ,DX, I'd forgpotton about that letter and can't remember sending a SB letter. I must have left it and they did not chase. Unclebulgia. Yes several periods of no contact. Think its time for the SB letter . 
    • well if your not going to upload documents because you are too scared of your data being stolen and someone rocking up to you we are going to struggle to help you peoples energy data breach has nothing to do with a hosting site...
    • Whilst trying to point score over Biden, Trump can't remember the name of his own doctor. Trump gets name of his doctor wrong as he challenges Biden to cognitive test | Donald Trump | The Guardian WWW.THEGUARDIAN.COM Gaffe came as 78-year-old Republican presidential candidate sought to bolster his support among Black and Latino voters in Michigan  
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    • 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
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Try something like this:

 

ACCOUNT IN DISPUTE

 

Account number: xxxxxxxxxxxxxxxxx

 

Dear sir/madam

 

Thank you for your letter dated xx/xx/2008 in response to my request for a true copy of any alleged agreement under Section 78 of the Consumer Credit Act 1974. The contents of which have been noted.

 

Because the deadline of 12 working days has now elapsed I must assume that you have complied with my request, to the best of your ability, and you are unable to offer further documentation. You are also reminded that if you fail to supply a true copy of an agreement when requested under section 78 (1) of the Consumer Credit Act 1974 then section 78 (6) clearly states:

 

(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;

 

The true copy of an alleged agreement that you have supplied is in actual fact a copy of an application for a credit card, and this, as I am sure you are aware, does not constitute a properly executed agreement. On this basis I can only assume that an agreement between us does not exist in relation to account xxxxxxxxxxxxxxxxxx. I suggest that you take legal advice on the matter of what does and does not constitute a properly executed agreement under the terms of the Consumer Credit Act 1974.

 

I would also like to bring to your attention that in the following case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

 

“Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.”

 

I am sure that you are aware section 127 (3) of the act (which deals with enforcement) specifically precludes the court from making an enforcement order under section 65 (1) if the agreement was improperly executed. It is the sole responsibility of the creditor to ensure that a relevant consumer credit agreement is properly executed, should they fail in this responsibility then they lose any rights they may have had regarding the agreement. This includes any right to demand payment, in part or in full, or to issue a default against the account.

 

As things stand at the moment I do not and will not acknowledge this alleged debt. Furthermore, I dispute the legality of the debt until such a time as you can produce a satisfactory consumer credit agreement.

 

You are reminded that without an agreement containing all of the prescribed terms as is a requirement of section 60 of the Consumer Credit Act 1974 no binding contract exists between us and as such the account must be considered void. I would therefore suggest that a simple solution would be for you to write this debt off, especially in view of the fact that it will remain unenforceable until a properly executed credit agreement is produced.

 

Yours faithfully

Print your name

 

I am also surprised that they haven’t squeezed a set of prescribed terms on the left hand side of your ‘application’ that’s normally something that they do.

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Guest dvdriley

i dont think the tele staff even know what w emean by enforceable cca,s. When asked by MBNA if I could pay the amount outstanding I said yes, use the card details you have on file!!!

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Yes – if you think you’ve been missold the policy – personally though I would put that in a separate letter because it’s a separate issue to the enforceability of the agreement and both issues could drag on and on.

Depends what you are trying to achieve really – do you want to claim the premiums back or offset it against a potentially unenforceable agreement?

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Well if you’ve been missold a ppi (or they’ve added it to your account without requesting it) then you are entitled to claim those premiums back – it doesn’t have to be offset against any alleged debt and should be refunded to you by way of cheque or bank transfer – that’s why I say the two things are different.

Send the letter previously posted or something like it (regarding the agreement) and then send another letter to their registered office disputing whether you requested ppi on the account – it doesn’t have to be war and peace – just inform them that you don’t believe that ppi was ever requested on the account and you would like to know why you’ve been paying premiums - I’ve done a similar thing and was told that although I didn’t request it on the application I was sold the policy over the phone – I’ve asked them to provide a transcript of the telephone conversation to prove it. I think they will capitulate and offer a settlement – although I may need to start a court claim to get it.

These things take time but you can achieve your aims if you are prepared to put the effort in.

Keep your thread updated and anything that happens you will get help with – just remember to stay calm and do not let them get under your skin.

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  • 3 weeks later...

Try something like this -

Dear Mr. Shaw

Ref: Account number xxxxxxxxxxxxxxx

Thank you for your letter dated xx/xx/xxxx the contents of which have been noted.

In response to your letter, I have to inform you that I am most confused by the comments you have made. Particularly in paragraph 2 where you state:

‘…all of the necessary prescribed terms were included in the credit agreement…’

For avoidance of doubt, the prescribed terms referred to in section 127(3) of the Consumer Credit Act 1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are:

a) A term stating the credit limit or the manner in which it will be determined or that there is no credit limit.

b) A term stating the rate of any interest on the credit to be provided under the agreement.

c) A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following -

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

I cannot locate the above prescribed terms on the copy of the application form that you sent in response to my s78 request and I therefore believe that any alleged agreement for the above account is unenforceable. If you disagree then perhaps you would be so kind as to inform me where exactly on the application form these necessary terms are to be found.

I would appreciate your earliest response to this matter.

Yours sincerely,

Print don’t sign.

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  • 3 weeks later...

It’s a standard letter that is designed to scare and intimidate you. MBNA haven’t provided you with a legally enforceable agreement so just ignore it.

There’s not a lot else that they can do and there’s not a lot else you can do either TBH. I would give it another week and then give Mr Shaw a nudge regarding the last letter you sent.

I think I had one of these threatograms about 4 months ago – the last thing they sent me was an invalid default notice.

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