Jump to content


  • Tweets

  • Posts

    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
  • 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

internet fraud...inform police


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

Thread Locked

because no one has posted on it for the last 5551 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

Firstly i apologise if this post isin wrong section but couldnt find where to place it.

 

Just before christmas i checked my online statement on abbey web site and to my horror i noticed that several hundreds of pounds had benn paid to website casinos,web hosting companies and mobile companies without my authorisation or knowledge.

 

I immediately informed the abbey and they ceased all activities on my account and set up a fraud investigation.When i asked them if i should inform the police they said no.

However since then i have found out that a friend of my wifes has also been hit by the fraudsters at the same time by the same companies ,so i was wondering if the abbey have been hit quite hard by these frauds.

 

My question is should i inform the police about this fraud and what can they do?

Link to post
Share on other sites

internet fraud is a crime like any other and if the abbey think they can just investigate this themselves then they could well be missing a much bigger picture that only the police will see. The Police also have much greater powers to sieze equipment and search premises and also ultimately to arrest and prosecute offenders. You may find that the abbey are doing an initial investigation before passing it on to the police. I am not a big fan of this however i think you need to establish if that is the case. If not then I would report it to the police if only so they have the information for intelligence reasons

Link to post
Share on other sites

or you may get the answer that my sister in law has just had.check out the post natwest account fraud...they did not and will not involve the police as natwest didnot lose the money,,she has taken this to the police yesterday who were less than impressed as they have duty to investigate..starting 2 weeks after the crime was comitted

Link to post
Share on other sites

Actually in my case most of the amount taken is Abbey's! Someone took about £2K out of the account in a fraudulent transaction a few days before payday so I was getting close to my overdraft zone. What absolutekly amazed me was that the thief - there can be no other word for it - helped himself to about £120 of my cash and the rest took my account not only overdrawn but over the overdraft limit itself. the trabsaction should not have been approve. But it was. When I asked the telephone monkey why that had happened he had no answer. Neither had the fraud bloke - not my department he said. Should I report it to the cops I asked? No they said quite firmly, we'll deal with it. I still reported it and advised Abbey of this. They were not best pleased. The matter has still not being properly resolved.

Link to post
Share on other sites

I had round two with the very efficient (not) fraud department today. I made four calls before one of the "fraud advisors" decided he could deal with my problem. The matter will be resolved within 10 working days but in the meantime I wil, be without a bankcard, will probably get clobbered for charges and interest and can apply, no guarantees, for an emergency overdraft - for which I will have to pay interest.

 

This was all said in a tone of voice and manner that made me think he thought the bank were actually doing me a favour. It was then I let slip the fact the matter had been reported to the police. He didn't like that and almost inferred it could affect the speed of the refund. He backtracked when I questioned him on that.

 

Then, when I asked about the charges and interest, he backtracked further and said they would be added to the account but would then be deducted - probably applied to the company who made the transaction.

 

It then got very interesting. I asked why the transaction had been approved when it not only took me overdrawn but beyond the overdraft limit. No proper answer. I was then asked a proper question about the last time I used the card. It was a few hours before the card was used fraudulently when I withdrew cash from a supermarket atm. I then asked where was the card used next. The reply was rather amazing in that it was somewhere in the Far East. Could I have been there at the time I was asked. WTF!!!!!

 

I asked him to consider the facts and that it was not my security that needs tightning up but theirs. An investigation is to be launched into how the card details came to be misused but I may not get to know the result. I think I will - would the Data protection Act apply in this case?

Link to post
Share on other sites

They do make me chuckle. I have had many problems with the abbey in this respect, including when they told me it would take at least a month to investigate a cashpoint saying that it had issued me with £300 when it hadn't (meaning i was £300 out of pocket for a month). I wrote all the details in an email and sent it to the abbey chief exec' and not only was it resolved in days but i was given £75 extra for my troubles. If you want to do the same his email address is:

 

[email protected]

 

Be humble in the email and expect him to pass it onto one of his minions but it will be addressed,

Woodwa5;)

Link to post
Share on other sites

  • 2 months later...

It has now happened to me today, thank goodness i checked my account. Abbey have been absolutely useless. This time it was chip and pin fraud, card cloning. Informed Police after Abbey couldnt care less and basically accused me of doing it. They have accused the wrong person as I wont let this lie.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...