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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.
      • 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
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What if the Judge asks..................... ....


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DO YOU OWE THE MONEY!!!!

 

This is been mentioned on several threads at the moment and I thought I would try and get it into one.

 

The big day arrives the Claimant has no CA or with no perscribed terms and you are going to use 127(3) of the CCA 1974.

 

The judge turns around and says: Well have you spent the money and do you owe it"

 

Please comment on this as the more ideas the better for the big day.

 

Cheers

 

HAK

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I found this reply I had on my PC from ages ago:

 

I would have bluntly answered " I had a card with them, but it's so long ago i don't have my original copy of the agreement. the creditors company recommended people keep original paperwork for 6 months. Further, the Money Laundering Regs make it a serious criminal offence punishable by 10 years in prison for each director of the company, for the claimant not to keep this paperwork, so I believe that they must have a copy of the agreement.

 

I've asked them for a copy of the agreement on 4 occasions, and made it clear to the claimant I would settle with them when I saw that agreement. Until I can see what I actually signed up for, i honestly don't know how much I am liable for, if anything."

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Subscribing, one guest ......mmmm i thought there would be more:p

 

Hope its not the Judge Club:eek:

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In the event of no CCA, one could say that in equity all capital borrowed has been repaid.

 

With no CCA, there is no proof that you ever agreed to pay interest, which is what the alleged debt consists of.

Get your statements, add up all you borrowed, add up all youve paid. If youve repaid more than you've borrowed, then all that is left is interest and charges.

 

If they have no agreement, then they have no proof that you ever agreed to pay interest.

I checked one of my statments and I had paid over £1K in interest. There is more owing but wouldnt it be good if we could claim the interest back!!

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Running with the idea that similar questions may be asked, suppose the judge asks:-

 

Did you borrow the money?

 

Another good question???????

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Just bumping this one up as I will be in Court with Nat West shortly and got everything sussed apart from this question!!!

 

HAK

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I think I may say is that I had several accounts with Nat West and I have no idea about this one. This is why I need to see the signed credit agreement with all the perscribed terms setting out the interest rate and the date the account started. (all they have is an application form with no perscribed terms and its only about 3" x6" in size as they have scanned it on to a pc) When it is blown up to A4 its unreadable.

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Well I want be visting Court this time as had a letter form Natwest Solictors telling me they want to discontinue the case as i have filled a defence...LOL

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