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    • Hi Lolerz Thanks for replying to me, yes I've been ignoring her & will continue to do so. All she keeps saying is they want to come up with an amicable settlement. Keeps saying this to our receptionist she shouldn't be saying this to a receptionist or even me in the first place as they have given no proof of anything no IP addresses noting just keeps saying about an amicable settlement.
    • If a DCA supplies a reconstituted copy of the CCA what would be the next step? It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
    • Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed some of the worst tendencies in British politics”. “The only way to think about it is as a psychodrama enacted, for the most part, by a small group of middle-aged men who went to élite private schools, studied at the University of Oxford, and have been climbing and chucking one another off the ladder of British public life" Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ WWW.INDEPENDENT.CO.UK The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed...  
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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 
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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.
      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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Help re welcome finance


wend969
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My husband got finance for a car through welcome finance in 2006, 1 month after getting the car he lost his job, so we asked welcome to take the car back as we couldn't afford the payments, they took over a year to take the car back, threatening us with court action in the meantime. After they had taken the car back we didn't here from them for another year, then last year my husband started getting phone calls from them and letters demanding the money, which they had only reduced by £2500, when the car was £5000 when he bought it.

 

He now has a ccj against him and has to pay £30 a money with a balance of £7095.62. Before the judgement we had asked for a copy of the aggreement and a statement as we had lost the original, we received a statment but no aggreement.

 

Is it too late to ask for the aggreement again and if they haven't got it could he get the ccj removed or stop making payments?

 

Also a couple of months ago he instructed a company called unfair credit direct who guaranteed that the they would find that the aggreement was unfair, he paid them £100 and was due to pay them another 4 instalments of £100, but due to financial reasons he hasn't been able to pay the other 4 instalments, they still haven't done anything even though they have had £100 off him, can he claim the £100 back off them or not.

 

Thanks for your help

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as there is already a CCJ, you need to get that set aside before you can look into IF the agreement is enforceable.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Also a couple of months ago he instructed a company called unfair credit direct who guaranteed that the they would find that the aggreement was unfair, he paid them £100 and was due to pay them another 4 instalments of £100, but due to financial reasons he hasn't been able to pay the other 4 instalments, they still haven't done anything even though they have had £100 off him, can he claim the £100 back off them or not.

 

These companies are a con in all the financial spheres they operate. They also claim they can get rid of ccj's on credit records etc; but they can't. You will find it almost impossible to get a refund so should not pay any further and put the £100 down to experience.

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http://www.consumeractiongroup.co.uk/forum/legal-issues/178766-could-i-get-3-a.html

 

 

the more you read the strong you become

 

dont forget the search in the blue bar above

dx

  • Haha 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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As far as the CCJ goes, I am sure others will come along to help you in more detail.

 

I would first recommend sending a CCA demand - for a copy of the Consumer Credit Agreement - and a separate SAR (Subject Access Request) for full details of the matter.

 

I would also write to the County Court where the Judgment was obtained for a full breakdown of the case and copies of all documents if you don't have it. You can find the address and telephone numbers of the court on The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available

 

For the CCA request you will need to pay £1 by postal order (do NOT send a cheque). For the SAR request you will need to pay £10 by postal order (again, do NOT send a cheque). Send both by Royal Mail SPECIAL Delivery (not Recorded Delivery).

 

Do NOT talk to them on the phone. If they call hang up. If they write to you, write or fax back that you are intending to get the Judgment set aside and are sending them a CCA disclosure demand & SAR. If they knock at your door, do NOT open the door and advise them through the keyhole that you are sending them a CCA disclosure demand & SAR and getting the Judgment set aside.

  • Haha 1

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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any further help on the ccj set aside how to do it please. Thanks

Personally I'd recommend doing the SAR & CCA requests first, so you have ammunition for the set aside.

 

You have to get a copy of the claim form with Particulars of Claim first as well so you have valid reasons to contest it.

 

An Application to Set Aside would not solely be granted on the basis of not receiving the claim form. You need ammunition for the defence. You can make an Application to Set Aside on form N244 without the ammunition but it will go to a hearing where you are likely to lose as you haven't got the ammunition to have reasonable prospects of success in defending the claim.

 

So get the ammunition first. When you have the agreement and statements - or they don't comply - and you have the Particulars of Claim, post it all up here - minus confidential details - and I'll try to help you. If I can't I'll call in the cavalry.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Thanks for all your help, is there anywhere i can get a subject access request template letter from? I've got a copy of the other. Thanks again

Visit Letters - Consumer Wiki - the Consumer Wiki of CAG.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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  • 4 weeks later...
I must admit that i have used unfair credit direct for 2 of my credit cards. One has been written off and the other is with a team of Barristers in Brighton that are now acting for no further charge as they work with Unfair Credit Direct.

 

I can only think that if you paid £100 to them and they started the work for you and then they incurred costs they would be quite right to keep the £100 as you would not expect them to act for nothing.

 

My cousin also used them but when the credit agreement came back it was a different year to what she had initially told them and when they saw the agreement they could not help and refunded the money she had paid.

 

This is a top company, whom if you check them out properly have an excellent track record.

 

I dare say they cannot help everyone but i would certainly reccomemnd them.

 

I hope this helps in some way to let people know this definatley works.

 

Lets face it if somebody said 2 years ago you can write to your bank and get your money back they would have probably got them an ambulance

Note that DEBTFREEMAN's first post is the above. I wouldn't be surprised if he is this company and this is an advertising message. I suggest he be ignored and barred from CAG.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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In all honesty this is not helping the OP so maybe you should just out your 'hurt' feelings aside - the main point about this is Welcome Finance so if you can help with them please do so otherwise maybe try and assist on other more relevant threads.

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In all honesty this is not helping the OP so maybe you should just out your 'hurt' feelings aside - the main point about this is Welcome Finance so if you can help with them please do so otherwise maybe try and assist on other more relevant threads.

Seconded.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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The type of activity that the company mentioned earlier are undertaking requires a licence. The activity falls under the OFT's definition of 'high-risk', which means that applicants must pass a competence test and may be inspected by Trading Standards. This company does not have a Consumer Credit licence, and i can't see any pending application.

 

By operating a business that requires a Consumer Credit licence, they are committing a criminal offence.

 

This comment earlier is quite clearly touting for business.

 

"I must admit that i have used unfair credit direct for 2 of my credit cards. One has been written off and the other is with a team of Barristers in Brighton that are now acting for no further charge as they work with Unfair Credit Direct".

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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The type of activity that the company mentioned earlier are undertaking requires a licence. The activity falls under the OFT's definition of 'high-risk', which means that applicants must pass a competence test and may be inspected by Trading Standards. This company does not have a Consumer Credit licence, and i can't see any pending application.

 

By operating a business that requires a Consumer Credit licence, they are committing a criminal offence.

 

This comment earlier is quite clearly touting for business.

 

"I must admit that i have used unfair credit direct for 2 of my credit cards. One has been written off and the other is with a team of Barristers in Brighton that are now acting for no further charge as they work with Unfair Credit Direct".

Actually, assisting to write off a balance is Claims Management activities and for such they would need a licence from the Ministry of Justice - Claims Management Regulation, Monitoring & Compliance Unit. Unfortunately, they are registered - see CMR: Claims Management Regulation

 

It's a trading name of Individual Credit Solutions Limited. And for debt management plans they need a Consumer Credit Licence. I don't know where you searched, but I just searched the register at Public Register for "Individual Credit Solutions" and in the trading name for "Unfair Credit Direct" and found them with a pending licence.

 

I don't mean to defend them and it could well be they are acting illegally in their behaviour and it definitely seems that DEBTFREEMAN probably joined just to defend them, but at least thoroughly search and check the rules before posting.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Debtfreeman was touting no doubt. I have checked out the website and it just mentions the Ministry of Justice. No other registration details. Thanks for letting us know.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Guest DEBTFREEMAN

I am not touting for anybody but i would just like to say that this site thinks its the bees knees but realisticaly i have not seen any concrete proof from anyone that you actually know what you are talking about. Believe it or not there are thousands of pounds getting written off by companies like Ratio money, Cartel review whom are a PLC company and many others. Anyone giving false advice is ignorant to the fact that the Ministry of justice would revoke any license on a firm whom claims to write debt off and then cons people out of money. Think about it, thousands of people cant be wrong, unless they listen to people like you

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I am not touting for anybody but i would just like to say that this site thinks its the bees knees but realisticaly i have not seen any concrete proof from anyone that you actually know what you are talking about. Believe it or not there are thousands of pounds getting written off by companies like Ratio money, Cartel review whom are a PLC company and many others. Anyone giving false advice is ignorant to the fact that the Ministry of justice would revoke any license on a firm whom claims to write debt off and then cons people out of money. Think about it, thousands of people cant be wrong, unless they listen to people like you

 

This site IS the bees knees as you so very kindly put it.....If it wasnt for this site, thousands of poor innocents would still be getting screwed over. I can only assume you are an employee, ex empolyee or someone who simply wants to have a go. I take it as you think this site is ' no good ', you will not be paying us a repeat visit, and will go and take your opinions elsewhere, and leave those who do wish to avail of this site and its very useful and beneficial advice, to themselves

 

Apologies if you are not though ! :lol:

Forsure

 

** One woman crusade against the rip off lenders ! **

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