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    • Thank-you @BankFodder, your statement is a correct understanding of my position and I agree, it is actually really what I was looking for in starting this thread, as I too believed that the maximum I could claim for is that which I sold it for, even though this was substantially below market value at the time. And so, this sold value is what I shall be claiming for + the other expenses. @dx100uk I get your point, but this is just not what I want to expose myself to. Unfortunately I was one of the unlucky ones to have my details stolen in the Peoples Energy hack, and in 2020 I discovered that those details had been used to take out car insurance, and that the insured was then involved in a collision and my details were dragged through the mud. Despite Aviva cancelling the claim and treating as though it never were, even though I have the letters from them to say that they have removed this claim from the insurance database, I still get refused insurance and credit products to this day until I send across the letter from Aviva which explains that I was a victim of fraud. So you'll forgive me for not jumping up and uploading my data to a server utility for which I have no control over its retention policy, or where the server is located globally, its legal jurisdiction, or its security protocols.
    • Speeding (Revised 2017) – Sentencing (sentencingcouncil.org.uk)  
    • upload sites dont retain copies and so what if they do... what do you think they are going to do, kidnap your grannies budgie or something..how the hell would any of the info required by us be of any use to them..... stop being paranoid and put them all in one mass multipage pdf.  
    • https://audicam.audi.co.uk/customer/6660055/00cc584e9769699ddba3807a2995032f/59022-13062024 Please let me know if you can access footage 
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    • If you are buying a used car – you need to read this survival guide.
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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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confusing catalogue response any help please?


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And did you ever get anything back from MOTO?

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi

 

Sorry for delay not been very well just recently.

 

Simon Wolfson and also Next themselves advise they didnt receive the letter... I sent it recorded signed for delivery but it appears it wasnt tracked properly as there was no information for it. So I will have to send again.

 

No news from MOTO either, but they advise there is a backlog of work and it may be a few more weeks before they get to complaints sent in dated when mine was...

 

Bit disappointing really, but will get a letter sent in to Simon again, and send special delivery this time.

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Sorry to hear you've been under the weather.

 

Mum's been a bit rough here but she is coming through it ok.

 

That's a real pain. My first thought is they are stalling. (And the PO should be giving a piece of your mind when you are feeling up to it too.)

 

I guess it will have to be sent again to make sure. grrrr

 

Doesn't matter if you get anything back from MOTO really. Shows you've tried to resolve matters. That's the main thing.

 

The N1 form you mentioned is here once you need it:

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=338

 

Once downloaded you should be able to type right into the form. (I can ok.) Just remember to save the finished form afterwards.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi Davey

 

Sorry to hear your mums been having a bit of a rough time lately. I hope she comes through it soon.

 

They could be stalling but I guess as I dont have any proof they received the letter I will have to send it out again...

 

Thank you very much for the link to the N1 form!!

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In reference to unsigned agreements (by the debtor) i found Muffintops reply from TS interesting.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/184802-discussion-enforceability-agreements-12.html#post1996591

 

Particularly link 2, 2nd complete paragraph:

 

"Creditors should also not suggest that you have signed a credit agreement where they are unable to provide evidence to support this - to do so (is) could be a 'mis-leading action' under Regulation 5 of the Consumer Protection from Unfair Trading Regulations."

 

Might be using that quote myself sometime me thinks.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 1 month later...

Anything new on this one JB?

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Well the MOTA complaint is still in a backdated queue. I did have a phone call from Next a while back in reference to the Wolfson letter advising they were going to make an offer. Nothing in writing though.

 

Was going to leave it a little longer and chase that up plus the MOTA complaint.

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Well the MOTA complaint is still in a backdated queue. I did have a phone call from Next a while back in reference to the Wolfson letter advising they were going to make an offer. Nothing in writing though.

 

Was going to leave it a little longer and chase that up plus the MOTA complaint.

 

Sounds rather promising. Even if it was verbal and not very sincere of them you could view that as a stalling tactic as they don't want you to issue an N1 and take them to Court.

 

I'd be inclined at some point to let them know that you need an answer as you are planning a Holiday at some point and require matters to be settled for, if you have to issue a Court Summons, you want to get the POC filled before you leave. :wink:

 

If they really don't play ball soon you are going to have to follow through with the threat and send off the LBA/N1.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 2 months later...

Anything come of that Next phonecall JB or was it just a bluff?

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 3 weeks later...

Sorry for the delay, had some family issue that took the wind out of my sails...

 

I have had a further phone call, but not letter. They have made an offer which very nearly clears the balance. I would have to sign an agreement or something about this though.

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oh yes.. be careful about signing anything. Do what's right for you but read the small print (post it up here for folks to check out) as they are slippery devils and you want any offers to be water tight.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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