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    • This time you do need to reply to them with a snotty letter to show you'd be big trouble for them if they did try court. We will help this evening.  
    • Hi, I just wanted to update the post and ask some further advice  I sent the CCA and CPR request on the 14th May, to date I have had no reply to the CCA but I received a load of paperwork from the CPR request a few days ago. I need to file the defence today and from the information I have read the following seems to be what is required.  I would be grateful if some one could confirm suitability   Claim The claim is for the sum of £255.69 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of xxxxxxxxxxxxxxxx)  The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. The debt was legally assigned to the claimant on 15-09-21, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £0.00. The Claimant claims the sum of £255.69   Defence  The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is noted. I have had financial dealings with PayPal  in the past but cannot recollect the account number referred to by the Claimant. 2. Paragraph 2 is denied. I am not aware of service of a Default Notice by the original creditor the Claimant refers to within its particulars of claim.  3. Paragraph 3 is noted. On the 14/5/2024 I requested information related to this claim by way of a Section 77 request, which was received and signed for by the claimant on 20/5/2024. As of today, the Claimant has failed to respond to this request, and therefore remains in default of the section 77 request and therefore unable to enforce any alleged agreement until its compliance. 4. Therefore it is denied with regards to the Defendant owing any monies to the Claimant, and the Claimant is put to strict proof to: (a) Show how the Defendant has entered into an agreement and: (b) Show the nature of the breach and evidence by way of a Default Notice Pursuant to s.87(1) of the Consumer Credit Act 1974. 5. Paypal (Europe) S.A.R.L is out of the juristriction of English Courts. 6. As per Civil Procedure 16.5 it is expected that the Claimant prove the allegation that the money is owed. 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.
    • Thanks @dx100ukI followed the advice given on here... then it went very quiet!  The company was creditfix I think then transferred to Knightsbridge (or the other way around) The scammer independent advisor was Roger Wallis-having checked his LinkedIn profile just this morning, it does look like he's still scamming vulnerable people... I know I was stupid for taking his advice, but i do wonder how many others he has done this to over a longer period of time (it came as a  massive shock to him when our IVA suddenly failed). Lowell have our current address (and phone numbers if the rejected calls over the past couple of days is anything to go by!) No point trying the SB because of the correspondence in 2019? Thanks
    • I have received the following letter from BW Legal today.  Also includes form if I admit the debt and wanting my income details.  Do I reply to this LETTER OF CLAIM please?  Looks like they are ready for court now??  Thank You BW Legal - Letter of Claim.pdf
    • According to Wikipedia - yeah, I know - the site is owned by Croydon Council. It's at least worth a try to contact the council and ask for a contact in The Colonnades. You could then lay it on thick about being a genuine customer and ask them to call their dogs off. It's got to be worth a try  https://www.croydon.gov.uk/contact-us/contact-us  
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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.
      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.
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      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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Im sitting here panicking!!!


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I normally pay £19 a week to brighthouse. I missed last weeks payment so I was planning on paying my £19 (from last week) £19 (this week) + £6 (late fees as I have two contracts) = £44 yesterday. However, I am unable to pay it as I am really struggling just now. I am sitting here scared to open my curtains as I know they are going to be at my door any minute. I know this as this has happened before and it's normally around 11'oclock they come. I don't know what to say to them when they come to the door. I can't even pretend that i'm not in as I have a 3 year old that shouts " theres someone at the door" everytime the door goes. Please can someone advise me what to say to them?

Thanks in advance

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tell them to go away they have no right to come to your house don't open the door to them if the start getting nasty tell them you will call the police if they don't leave this is only my opinion but I'm sure others will tell you the same

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Hi,

 

I wouldn't recommend phoning them as they're likely to talk down to you and make you feel worse. If you want to put your mind at rest that you have contacted them, you should put it in writing and send it today or tomorrow.

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Hi Walleandeva

 

First of all, don't panic!

 

Even if they have been to your house before, you are a £19 a week customer. Believe me when I say that there are more customers at your branch who owe a lot more than you do, therefore you are fairly well down the list of doors to knock.

 

However, unless you have a particularly bad time with the staff at your branch, I would suggest that you DO keep in communication with them, and if you think you can be there to pay on a certain day, tell them and do your best to be there. But if things change tell them again.

 

They can't then turn around and accuse you of not keeping them informed. I won't lie to you,they will try and make you feel bad, but distance yourself from it, be strong and stick to your guns. If you haven't got the money, how can you pay it. They can't barge into your home and reposess the items, even if they get a judgement at court. It's a much longer process than they would have you believe.

 

The advice eralier about not allowingthem into your home was spot on and if they persist then you are perfectly within your rights to call the police.

 

If the problem persists with home visits, then there is a letter you can send to stop this, and having a young child in the home will only re-inforce this with the authorities, menaing if they then persist, they will be in deep doodoo.

 

PJ

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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This is the letter you need to stop home visits - if they turn up, give them a copy, slam the door and if they persist, call the police (not 999 though):

 

Dear Sir/Madam

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing.

 

Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully

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Also, if they do call, is it possible to speak to them via an upstairs window rather than opening the door. This might help you feel more secure.

 

Remember, they are debt collectors and not bailiffs. They have no right of entry and should not shout or harrass you in any other way.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

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Thank you everyone for your replies. I will give them a call today when they open and explain that I will be in on Monday. Like PJ said, they will probably say thats not good enough but it's the best I can do. Thanks again xx

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Good morning, and I hope the advice has relaxed you a bit more.

 

Thanks to Clemma for finding out that letter, get it sent ASAP, as it will take a week to act upon at least.

 

Good point from Clemma with regard calling the police, DO NOT call 999, you will just be making a nuisance of yourself, and probably risking diverting the police from a more serious emergency. But try and find the non-emergency number for your local police and either write it down next to the phone or program it into your contacts.

 

Send 2 of those letters above, 1 to Head Office and 1 to the branch. Send the Head Office one recorded delivery too.

 

PJ

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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To be honest, anyone who turns up at the door will simply be Brighthouse store staff.

 

Oops, sorry, my mistake!!:oops:

 

I wrongly presumed they were a DCA.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

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plumerjon There have been a few changes recently with regards to accounts The A.R. is no longer the gauge it used to be . They now have based all bonuses for A.Rs on CARDS (As you know the jargon ,cards stand or agreements) not A.R. so what i am saying is that whether its £3.00 or £30.00 they are treated the same .So its moved from cash percentage to card percentage obviously their thinking if you have low card % then it follows that you will have low arrears so a small card will prompt a visit as if it was a large one .padre

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Hi Padre

 

This is something that goes round in circles.

 

I am familiar with CARD percentage, as it was an old Crazy Georges target.

 

In my day, money owing was the biggy, especially as there were a lot of stores in the Midlands who had fallen foul of loading too few customers with too much stuff, with £100 a week not being uncommon.

 

So, which is better, 200 customers going late 7-14 days all with agreements £20 per week or less, or 25 customers going late with £70-£100 a week?

 

Big problem is, once you go past £50 a week and your late, the amount BH then ask to put you back in front is crippling, meaning there is a greater percentage of big debt that is then more un-retrievable, than smaller debt.

 

The consequence of this come 90 days, is then very painful on the branch.

 

So, whether the AR's are targetted personally on CARDS isn't that relevant in the long run. As soon a the debt starts to make an impact on the overall branch past due amount, the manager will put his/her own pressure on the AR's to fight the debt on a highest owing first priority, purely to try and put out fires.

 

This is the very pressure that then brings out the bully boy tactics, this is what they don't like to boast about, this is where the rules get stretched.

 

PJ

Edited by plumberjon

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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Plumberjon. their have been other changes also. A.Rs are now only responsible for accounts up to 56 days late After that they are passed onto what we call assett recovery managers. ar have also been split with one inside all the time and the other on the field CONSTANTLY .An AR in store is responsible for cards from 1/28 days late he is not targeted on any other aspect of the debt. although he still phones cards up to 56 days late his performance and bonus depends solely on 1/28 days late He himself now tends to forget about assett losses however as you say if they get out of hand who knows what will happen but at the moment this is how they are calling it They have completely restructured the debt process. with about roughly 100 vans taken out of the equation and field accounts people being responsible for more than one shop

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Well they have certainly taken some serious cost cutting steps since I was there. Each branch had it's own contract hire transit van although there were noises about sharing vans once.

 

So where have they recruited these field agents from or have they simply moved them out of store. The tactics they are still using to collect don't sound to have changed so that suggests they are still mainly store staff

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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Plumberjon, The field staff are indeed previous inside staff and unfortunately the cost cutting wan't due to any adverse results as they have just achieved record breaking profits . padre

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Hi Padre

 

No I didn't believe for a second they were struggling, so got rid of the vans!

 

It's a bit like last year when HSBC announced "X" thousand job losses one month and then record profits the next. No wonder really!

 

PJ

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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Hi plumberjon. therein lies the problem they are getting stronger and stronger expanding all the time .Their PR machine spouting out all that is good about them DID YOU KNOW THAT 96 % of their customers are either satisfied or very satisfied with them???? THAT THEY SUPPORT C.A.B. HELPING THEM IN TRAINING AND DEVELOPING MONEY ADVISORS and other debt counsellors It goes on and on padre

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Hello a newbie here and i am glad i found this forum, i never knew you could do that they have been pestering me cause i wa a few weekes behind , i live in a secured building but they buzz my neighbours pretending to be someone elese and they let them in and then they stand with their foot at my door and it is my flatmate they want not me and they try and discuss it with me cause i signed a form 3 years ago cause i was the tennant on the council house we live in even though i have never had any dealings with them until last week when they showed up at my door and thats after i have told them that he isnt at home.

 

I wanted to ask, all this advice is usefull, and i apologise if you have covered this on this thread before i couldnt see it, but I wanted to give them the letter as quoted from earlier in this thread, but it stated by English Law, the thing is I live in Scotland and i think that law only applies to England residents.

 

The good thing is you dont get Bailifs in Scotland but it makes me wonder if they will force their way in anyways., my flatmate is now 4 weeks behind payments.

 

I am searching the wenb just now to see if there is a Scottish common Law.

 

Any advice would be useful. thanx in advance.

 

This is the letter you need to stop home visits - if they turn up, give them a copy, slam the door and if they persist, call the police (not 999 though):

 

Dear Sir/Madam

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing.

 

Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully

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i been looking with no sucess, common law seems to cover UK but i think its called Civil Law in Scotland but the same.

Trespassing is different in Scotland also but it applies to a household

 

i am sure i can use the letter

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Next time he attends phone the police (non emergency number) and report him for trespassing and threatening behaviour. Ask them to attend and remove him from your property. Make sure he can hear you on the phone ;)

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hey

 

thanx for that but i thought it was not nice of him to be cheeky like that and swear, you know i never swore, i wrote down what he said and the date and time in a log book

the letter i gave him i also sent to my local store and to the main store in london i think it is

 

sigh they are bullies no end, thans clemma

the thing that bothered me was he was alone, i thought there had to be 2 of them?

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They are not, and will never be baillifs - they are shop staff, that's it. Nothing more, nothing less. They use bullying and intimidation to gain access to properties. You know your rights now, so he has zero chance! Really, just slam the door on him and phone the police.

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