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    • Ok thanks for that, well spotted and all duly noted. Yes they did eventually submit those docs to me after a second letter advising them I was contacting the ICO to make a formal complaint for failing to comply with an earlier SAR that they brushed off as an "administrative error" or something. When I sent the letter telling them I was in contact with the information commissioner to lodge the complaint, the original PCN etc quickly followed along with their excuse!
    • its not about the migrants .. Barrister Helena Kennedy warns that the Conservatives will use their victory over Rwanda to dismantle the law that protects our human rights here in the UK.   Angela Rayner made fun of Rishi Sunak’s height in a fiery exchange at Prime Minister’s Questions, which prompted Joe Murphy to ask: just how low will Labour go? .. well .. not as low as sunak 
    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
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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 
      • 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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yes car and a default


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i have received a letter back from them saying

 

thank you for your letter requesting a copy of the signed agreement in connection with the above debt

 

can you please clarify in writing if you are stating categorically that you did not sign an agreement relating to the above debt? You are not saying anything other than demanding a copy of an agreement

 

on receipt of this written assurance from you we will contact the original creditor and revert to you You do not have to respond to them. You have made a Legal Request and the time clock is ticking

 

please note however that whether the agreement was signed or not is an evidential matter,which does not necessarily require production of a copy signed agreement to satisfy the courts that the agreement was signed BOLLOCKS

 

in these circumstances we believe that it is in your own interest to respond with a realistic payment plan or offer of settlement on the above account

 

yours sincerely

belfast collection services

 

Belfast Collection Services are part of the SNOTCALL group.

 

 

Do not even bother responding to this pile of nonsense from these Cretins. Send the two letters advised after the 12 working days are up. Should one of their doorstep agents turn up remember that they have no Legal Power whatsoever and must leave your property when asked. Should they fail to do so contact the PSNI and report a Breach of the Peace/Suspicious Caller/Threatening behaviour.

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sorry what is the snotcall group and are they not working for the other england based company ? and does northern ireland have the same laws

 

The laws in Northern Ireland are slightly different to the rest of the UK when it comes to enforcement of debt. However the rules of the Consumer Credit Act 1974 still apply. Stick with us we will help you deal with these idiots.

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i sent the letter on monday so its been 5 working days now
You have to allow 2 days for delivery so the clock started ticking on Thursday

 

i sent the cca request but i did say I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY would that cause a problem
No problem.

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yes it is her name on the letter michelle ferguson

 

but it says office manager

 

She is probably responsible for pressing the button on the threatomatic although these probably come directly from Caleadonia

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The removal of some of their categories could explain the incredibily stupid and probably unlawful letter they sent to the OP and their apparent breaches of their laughable CSA Code of Practice

 

Members should:

Conduct business lawfully

Conduct dealings with debtors in a fair and reasonable manner

Maintain a high standard of business practice

Compete in a fair and reasonable manner

Ensure all staff are provided with adequate training

Not discriminate

Protect the reputation of clients

Not knowingly misrepresent qualifications, experience and abilities

Handle debt cases in a fair and reasonable manner

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the other company that they are working for are hillesden securities ltd

 

Well known on here as well. They probably thought they would up the pressure by using a seemingly local DCA. Pity they didnt pick one that knew their Legal Obligations:eek::lol:

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If they continue to send begging letters when in DEFAULT of your CCA request then you MUST report them to Trading Standards, The OFT and your MP as well as making a formal complaint to them.

 

If they cannot produce the paperwork then they should not be placing defaults on your Credit file although getting these removed is easier said than done.

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Ms Ferguson has not grasped the concept that she works for a DSA that has absolutely NO LEGAL POWERS whatsoever. For too long DCAs have had customers who were too frightened to fight back and assert their LEGAL rights. Her apparent stupidity and arrogance can be seen from that pile of crap she wrote in response to your CCA request. Do not be in the least bit concerned about the idiotic ramblings of these idiots. You have the law on your side and will wipe the floor with them.

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Do not worry. They usually employ retired folk. Remember that a doorstep debt collector has NO LEGAL POWER whatsoever. They have no legal right to be on your property. There is no such thing as Balliffs in Northern Ireland so they cannot seize any property.

 

If they do appear.

 

1. Tell them to leave in words of your own choosing

2. Confirm nothing with them, do not get involved in ANY conversation.

3. If the do not leave when ordered telephone the PSNI and report a breach of the peace/disturbance/suspicious caller. If you have a female in the house who can scream in distress then this would be a bonus

4. Photograph the caller and take a note of the registration number of any vehicle they may be in.

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Right you have given this shower enough rope so now its time to hang them by it.

 

Dear Ms Ferguson

 

I refer you to my previous correspondence regarding this matter.

 

On XXXXXX date I made a Legal request for a copy of a Credit Agreement you say was signed by me. You are doubtless aware that in accordance with the Consumer Credit Act 1974 you had 12 working days in which to produce it. You have to date failed to comply with my LEGAL request and as such are in default. As members of the CSA I am sure I do not need to remind you of the OFT Guidelines on the collection of debt. You are in breach of several of these guidelines as well as those of your Trade Body the CSA. As a consequence you are also committing an offence under the Consumer Protection from Unfair Trading Regulations 2008.

 

I will not enter into any further discussion with you or your company regarding this matter until you rectify the DEFAULT in my CCA request.

 

Please take this letter as a formal complaint and send me details of your customer complaints procedure which you are LEGALLY obliged to provide upon request.

 

I will be reporting the actions of your company to Trading Standards, the OFT and the CSA and to whomsoever else I see fit.

 

yours etc

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