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    • Thousands more passengers could face delays or cancellations after an arson attack on France's train network on Friday.View the full article
    • you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
    • Rachel Reeves is set to reveal a public finances shortfall of billions on pounds after a snap audit.View the full article
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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
      • 162 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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MBNA/Aegis nightmare


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Boy am I pleased I am not alone in this nightmare. Started 26/01/09 to 3 creditors self negotiation to reduce monthly payments etc., took advice from National Debt line who were great. Had the usual harrassing phone calls to work, mobile etc. They even called a neighbour (ex-directory) and left message on their phone for me. Not a happy bunny. Advised time and time again I only want to deal with the matter in writing. Still getting calls daily to work from Mumbai call centre after advising do not call me at work. Now I have the postcard saying someone will be calling on me today between 8am and 9 pm. I have kept a log of all calls received, conversations, and underhand tricks and seriously thinking about making a complaint. Just hoping they don't turn up today. Can anyone tell me, does this ever stop? Will they ever just accept my offer because they are still adding charges etc to the account so I am not getting anywhere.

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Morning,

Firstly, I would be sending them this letter

 

Harassment by telephone - Consumer Wiki

 

And this one

 

DCA -response to threats of home visits - The Consumer Forums

 

Print a copy and give it to the non existant person who won't turn up :rolleyes:

 

Are the debts with any DCA?

 

HAve you CCA'd any of them?

 

A few more details of the debts would be useful I.E loans/credit cards/overdrafts

 

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hello and Welcome, Pink Pony.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Hi PP :) You are so not alone:p You sound just like I did 6 months ago when I found this website...... MBNA are allegedly the worst people to deal with and I started out like you last August ! I have 3 accounts going on which you are welcome to read up on, they all start AA99 v

 

Read as much as you can this weekend and you will be far more familiar with their procedures (or lack of the correct ones!) and your own :)

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Thanks for all the advice. Credit card with MBNA and also a fixed loan with them over 4 years with payment protection. 2 years paid up ok and never missed any payments on any of the debts. Also credit card with Cahoot and although not had any harrassment from them still receiving late charges and default fees despite my letters and cheque to them each month for the reduced amount. Letter received today from MBNA advising will freeze charges and interests on loan account but need to make a payment of £14.55 before end of the month. Not sure whether to send payment or if it is another trick. Seem to have become very cynical and paranoid of late! Sorry but new to all this forums stuff and only hope I am doing this correctly???

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  • 3 weeks later...
any further developments?

 

STill all ongoing. Nothing much seems to be happening. The Aegis calls have stopped for a while as I made a complaint which I had a reply back this week etc. On my MBNA fixed loan acct they say they have agreed to freeze interest etc, but will not agree to my pro rata payment plan.Great huh?? Have asked them again reconsider. On the MBNA credit card they are still in the Aegis process and again try calling at least twice a day at work which I have asked them on numnerous occasions by letter to stop. Have unplugged home phone for the peace and quiet. They still haven't agreed to anything yet but all 3 creditors are all stating after 5 missed payments (I haven't missed any payments, they have just been a reduced figure) they will be registering a default with the credit reference agencies so I suppose I have this to come next? Not really sure what will come next or what happens if they register defaults, or say they are going to try and make me pay back everything at once?

 

PP

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Forgot to ask. On my MBNA fixed loan account I originally took out payment protection which of course is included in the monthly payments. I keep asking MBNA about it but they never give me an answer, but if I can't make the repayments any more and have offered a reduced payment plan, and I can't claim on the payment protection, then with the 2 years I had left to run onthe loan how do I go about canceling the payment protection cover, and surely there would be some sort of rebate due back or my payments should be reduced?

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It is simple to cancel PPI: although sometimes they do try to talk you out of it, all you have to do is insist. But with loans, the premium for the PPI insurance over the whole term of the loan is calculated at the beginning and often added on to the loan amount so you are even paying interest on the PPI costs.

 

Banks often say that you are not entitled to cancel the PPI after 30 days, but what they do not tell you is that you should be able to cancel the PPI from this point on and get a partial refund. And there are also some circumstances in which you should never have been sold the loan in the first place. In these cases, you might as well ask for a refund of all the money you have so far paid in PPI. But even if the bank refuses this, you should still be able to cancel the PPI from this point onwards.

 

So, the sample letter is as follows:

 

Complaints department

Bank's name & address

 

Re: account

 

 

COMPLAINT

 

Dear Sir or Madam,

 

I took out the above loan for £x,000 on dd/mm/yy. When I took it out, I signed up for Payment Protection Insurance. I phoned up on dd/mm/yy to ask to cancel it and was told that this is impossible. I am writing to complain.

 

Put in any of the following which apply:

 

[When I took out the loan, I was told that I would not have been given the loan if I did not take PPI. I have since been told that this is not true, and that you are not allowed to make PPI a condition of taking out the loan unless you include the costs of PPI in your quoted loan interest rate, which you did not do. I therefore consider that I have been mis-sold this expensive insurance, which I do not need and which I said that I did not want.]

 

[i am self-employed/work as a contractor/unemployed and therefore will not be eligible for any payments from the PPI if I cannot get work or am sick. My situation was known to the person who sold me the loan, however he/she did not point out that the insurance was virtually useless to me so I think that I have been mis-sold the insurance.]

 

[When I took out the loan, I said I did not need the PPI as my employer provides generous illness and redundancy benefits, but I was told I should still take it out. As this is not correct, I consider that I have been mis-sold this expensive insurance, which I do not need and which I said that I did not want.]

 

[i wish to cancel the PPI because since taking out the loan, my employment situation has changed. I am now self-employed/work as a contractor/unemployed and therefore will not be eligible for any payments from the PPI if I cannot get work or am sick.]

 

[i wish to cancel the PPI because I now have sufficient alternative insurance cover from my employer and other sources.]

 

[i wish to cancel the PPI because I am in financial difficulties and cannot afford it. I enclose a Statement of Affairs which shows this.]

 

I have been advised that I should be able to cancel the PPI contract at any time and receive a partial refund of the premium that I have paid. I would like to do this. [And in view of the way I was mis-sold the insurance, I would like to ask for a full refund of the whole premium.]

 

I would appreciate a reply to this letter within fourteen days. If you reject this complaint, I would be grateful if you could explain whether you provide an internal appeals process. If you do not, please supply me with a final response letter, so that I can take up the matter with the Financial Ombudsman Service.

 

Yours faithfully,

 

 

nb There is no reason why you have to be able to prove that you cant afford the PPI before you cancel it, so in theory you should not need to send an SOA ( statement of earnings). However, it helps because it puts the bank morally in an even worse position if their PPI is causing you

 

hardship.

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