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    • Thank you. Please will you repost your images in one single multipage PDF file – the right way round et cetera.  
    • And just to reiterate – I'm sorry if the message above sounds a bit harsh. We have to get the message out to other people who visit this thread as well. I realise that you are having a difficult time and we will do our best to help you, of course
    • The last photo shows the overflow carpark looking at the block which our room was located. When we got out of the car my partner thought that the building was for staff accommodation.  The unsecured bedroom window opened onto this car park.
    • Also I see that you are doing a lot of this on the telephone – and without any written confirmation. This is a big mistake. You need to start taking this matter seriously and so everything should go in writing. If you have telephone calls then they should normally be recorded. Read our customer services guide. You should make notes about every telephone call and then you should send an email to your telephone correspondence confirming what they have said or what they have agreed. It is important that you keep detailed paper trails here. Of course we may be jumping the gun and maybe big motoring world will step up to the mark – but I'm afraid that they have a lousy reputation has you have seen and so you need to start practising survival techniques and protecting yourself. You say for instance in your letter of rejection that the mechanic told you on the telephone that the gearbox needed replacing. Do you have any other evidence of this conversation? This is going to sound a bit harsh – but other people will be visiting this thread as well for their own purposes. You conducted their research about this company before you bought the vehicle. You now are fully aware that this is a company which can be very difficult to deal with and causes a lot of problems for many of their customers and yet you are still taking a telephone/verbal approach. Do I need to say any more? Also one of the documents you put up is an email exchange but it is not clear who is writing to who or what dates. If you showed this email to somebody in a pub they would be asking lots of questions about who sent the first message, who sent the second message, what dates were they sent et cetera. Please think about this before you post things. Please can you clarify the details of that email exchange. Please will you present the information carefully. We are all volunteers here and we have to rely on you to do the spadework
    • I told the DM that the room was not acceptable because of the reasons already mentioned. He informed me that they were full that night and that they could move me to the room next door (would not solve my problem with the rooms location). Told the DM that I could not stay in the room provided for the night so left no option but to leave. DM did not reply and I walked out.  
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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.

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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.
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      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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GE Debenhams store card sold to CL finance


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They must prove that you have received it in accordance with S136 of the Law of Property Act 1925. How can they prove you got it if they didnt send it recorded or special delivery. ;)

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They must prove that you have received it in accordance with S136 of the Law of Property Act 1925. How can they prove you got it if they didnt send it recorded or special delivery. ;)

 

Precisely - and even if they can prove delivery a significant percentage of Notices of Assignment are invalid

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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The case law on notices of assignment is somewhat complex but appears to say that the notice only has to tell you who you need to pay HOWEVER if the notice says more - e.g. it gives the date of the assignment or arguably says how much is owed then that information has to be accurate

 

Have a look at

 

WF Harrison & CO LTD v Burke & Anor 1956 [2] All ER 169

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Have attached scan of what CL sent, they used UK Mail (why do dca's & creditors use this method as I have found that the date they write the letter to actual delivery is an average of 10 days ! !) it wasnt sent recorded delivery & I have received absolutely nothing from GE relating to it being assigned to CL.

 

http://i367.photobucket.com/albums/oo112/beachcomber49/scan0012.jpg

 

Was I right in sending CCA request to them, way outside the 12+2 days and have had no acknowledgement, although sent recorded so I know they received it.

 

Sent SAR to GE, plenty of penalty charges and I believe PPI until I got it stopped.

 

Beachy

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They will have to prove you received the so called notice of assignment

 

This is not quite true. What they have to prove is that they either served it at your address personally or that they sent it by a registered postal service such as Royal Mail recorded delivery or special delivery.

 

They DON'T have to prove that you received it, only that they sent it by one of those methods.

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This is not quite true. What they have to prove is that they either served it at your address personally or that they sent it by a registered postal service such as Royal Mail recorded delivery or special delivery.

 

They DON'T have to prove that you received it, only that they sent it by one of those methods.

 

Welcome to Pedants Corner:grin::p

 

Either way sticking it in a 2nd class envelope is useless:cool:

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Welcome to Pedants Corner:grin::p

 

You might joke about it, but there is a BIG difference between having to prove that a letter was posted and that it was received.

 

I won a case with a local council involving housing benefit that revolved entirely around whether it was required to demonstrate that a letter was posted or that a letter was received and there have been plenty of high court cases that have involved this point as well.

 

Either way sticking it in a 2nd class envelope is useless:cool:

 

Well of course

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The NoA arguably doesn't have to be signed by the original creditor

 

What you need to see is the actual assignment - you need to ask for it - you can't really tell if the NoA is valid without seeing the actual assignment

 

You are entitled to see it, although they often fight tooth and nail to avoid giving it to you

 

When you chase up the actual assignment DONT refer to the Notice at all

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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They can't even provide the cca let alone the NoA!

 

Anybody notice that the amount assigned is blank?

 

The only thing is that the notice doesn't have to contain the amount - if however the amount is included it, arguably, should be accurate. The notice also doesn't have to contain the date of assignment - if it does it must be accurate

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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My 2p worth

 

The only two ways you can have confidence that the assignment is genuine is if both the assignor and the assignee writes to you separately declaring the assignment.

Or you have sight of the actual "deed" of assignment.

 

Now there always seems to be a reluctance on the part of one or the other to provide Notices of Assignment (i wonder why, if its a genuine assignment?)

 

They wont show you the deed of assignment, as it is a contract between the two companies, and has sensitive info, such as how much was paid for it etc.

The only way to see this is if the matter is in court, and you demand sight of it, and the court orders 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

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My 2p worth

 

The only two ways you can have confidence that the assignment is genuine is if both the assignor and the assignee writes to you separately declaring the assignment.

Or you have sight of the actual "deed" of assignment.

 

Now there always seems to be a reluctance on the part of one or the other to provide Notices of Assignment (i wonder why, if its a genuine assignment?)

 

They wont show you the deed of assignment, as it is a contract between the two companies, and has sensitive info, such as how much was paid for it etc.

The only way to see this is if the matter is in court, and you demand sight of it, and the court orders it

 

As a matter of law you are entitled to see the deed to satisfy yourself as to its' validity BUT as creditcardmug points out they will fight tooth and nail not to show you the deed and that the only way you get it, usually, is in proceedings where the Court has no alternative but to Order its' production. Even then you still may not get it as some claimants are prepared to have their case struck out rather than disclose the assignment.

 

The other thing is that as a matter of law there is no such thing as commercial confidentiality...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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It can get even more complicated, as in one of mine where Morgan Stanley sold it to Goldfish, who then sold it to barclaycard, who in turn sold it to cabot...so all these deeds would have to be produced in court to prove ownership.

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

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Another interesting point on this...as i understand it, these accounts are passed by the banks to a "broker", who sorts them into bundles of maybe hundreds, for auction to the likes of CL,cabot etc, these are merely lists of names/addresses/amounts on a cd...so it could be that a legal document for each one never actually existed.

Maybe another reason for their reluctance!

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

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It can get even more complicated, as in one of mine where Morgan Stanley sold it to Goldfish, who then sold it to barclaycard, who in turn sold it to cabot...so all these deeds would have to be produced in court to prove ownership.

 

Exactly...don't forget that what they say is an assignment may not be...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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To bring this up to date, CL have not responded within 12+2 days to provide the cca - not even an aclnowledgement, to show I was acting reasonably I wrote reminding them of their obligations under a request for my cca & gave them another 7 days in which to provide it - again completely ignored, nothing, nowt, zilch.

 

SAR sent to GE Money and they have acknowledged my request for ALL information/statements etc. and should have it within their estimate of 4 weeks.

 

Beachy

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It can get even more complicated, as in one of mine where Morgan Stanley sold it to Goldfish, who then sold it to barclaycard, who in turn sold it to cabot...so all these deeds would have to be produced in court to prove ownership.

 

Hi Creditcardmug, (sorry to butt in on your thread beachcomber06) do you have a thread regarding your situation, could you post your link here, as OH acct was sold from one bank to another, and I'd be interested to read how things are going with your situation, i.e. did they manager to locate CCA etc.

 

Thanks

Joemay

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Bump for advice #44

 

What's the best way to get CL to comply without sending them into a hissy fit & them issuing court papers via their 'partners', don't mind going to court but not ready yet as too busy with Capone & Barclayshark/Mercers the Merciless at the moment to open up a third battle line.

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Hi Creditcardmug, (sorry to butt in on your thread beachcomber06) do you have a thread regarding your situation, could you post your link here, as OH acct was sold from one bank to another, and I'd be interested to read how things are going with your situation, i.e. did they manager to locate CCA etc.

 

Thanks

Joemay

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/145951-morgan-stanley-goldfish-barclaycard.html

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

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Hi Beachy!

I have seen quite a few threads about CL fiance!They are a bunch of plonkers!They often take people to court but as sooon as the victim shows they knows their rights puts in a good defence with help of CAG they usualy turn tail and run and shoot themselves in foot several times by doing all kinds of things wrong like not responding to CPR requests or paperwork.A lot of the time when the debter puts up a defence it quite often never gets past the courtroom door and often they just give up and the case is eventually put aside byt the judge!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Mornin' SF

 

Yeap CL have ignored both my requests so I may wait for GE sar response before I decide which way to play this one out, either try The 31.16 route or stop payments & let them take me to court & screw it up in the process, by what I read it's quite common for them to mess it up.

 

Store card is soooooooo old that I wonder if the cca still exsists!

 

Beachy

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Mornin' SF

 

Yeap CL have ignored both my requests so I may wait for GE sar response before I decide which way to play this one out, either try The 31.16 route or stop payments & let them take me to court & screw it up in the process, by what I read it's quite common for them to mess it up.

 

Store card is soooooooo old that I wonder if the cca still exsists!

 

Beachy

Hi Beachy

Thats great! I see you got quite a lot of threads going on! You certainly busy keeping all these ratty DCAs on their toes!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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