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    • First begging letter received from Overdales   ;Blah blah blah, our client's are going to win this blah blah blah we supplied all your documents under CPR   PS you can stop all this by paying £1200 less in a lump sum
    • Right,  so the court hasn't send out the Directions Questionnaires/N180s yet. PE's one is a false one, meant to intimidate you into thinking your defence was rubbish and they are confident with their claim. This is par for the course.  The PPCs do this regularly. However, PE have gone further and written that "a copy has also been filed with the court" which is a lie as the court haven't even sent out the papers yet. Keep a screenshot of MCOL, later on in your WS you can draw attention to their lying and abuse of court procedure. If you've got time on your hands, then complain to the BPA about one of their members lying.    
    • We need documents to be uploaded in PDF format. Uploading in Microsoft Word format discloses personal details relating to you which you should not be sharing. Click upload – to understand what to do. How did you pay for the vehicle? You start by saying that you should have walked away – yes you should. Not only because of the reputation of this company but also if the transaction isn't perfect you shouldn't get involved and you certainly shouldn't be taking the word of some used car dealer. Big fail! Why are some of your letter in black and some the in red? When you get some of the ideas in there – have you use a template from somewhere else? They aren't interested in a delay caused by some fire alarm or something. They certainly aren't interested either by the distress you are suffering. They have hundreds of customers who become victims of this kind of thing. All of those customers suffer distress. Big Motoring World don't seem to be very bothered. What are the faults which exist with the vehicle now? Is it just the splashing? Where is the splashing? What is it that is splashing?   Do I also understand that you purchased the vehicle without trying it at all and the first time you were in it and had splashing was after you had made the contract?
    • A claim was issued against you on 22/04/2024 Your acknowledgment of service was submitted on 06/05/2024 at 13:28:08 Your acknowledgment of service was received on 07/05/2024 at 01:05:18 Your defence was submitted on 23/05/2024 at 21:20:03 Your defence was received on 24/05/2024 at 08:05:43
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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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Will scan it up tomoz. Thanks again.

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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Royal mail 1st.

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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I don't think there's anything stopping data being given to a DCA before a DN is issued. Even more so if an in house DCA. Their concept is if they can get their funds back then the DN would not be issued, however it's only data entry to show a DN on a CRA. In the same way often you might see a default of zero on a CRA after a DN is issued however that does not mean the debt is clear and you are doomed for 6 years unless you contest it.

 

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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Royal mail 1st.

 

i think you will find it very difficult to argue as to date of service if they swear an affidavit as to the method of postage,

 

although you may well have received a first class letter 4 days later- the judge will take the view "well he would say that- wouldnt he)

 

what i would do now is get a SAR off PDQ to see if that gives the lie to their date of posting

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I have a repossession hearing coming up, in their POC the freely admit they are relying on a DN that gives '12 days from date of service' Here is the thread

 

http://www.consumeractiongroup.co.uk/forum/repossessions/177130-repo-order-help-defence.html

 

Would appreciate any guidance as how to go about a defence based on this.

 

Thanks

 

Cosalt

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i think you will find it very difficult to argue as to date of service if they swear an affidavit as to the method of postage,

 

although you may well have received a first class letter 4 days later- the judge will take the view "well he would say that- wouldnt he)

 

what i would do now is get a SAR off PDQ to see if that gives the lie to their date of posting

 

A long story short. I have a DN that is out by 1 day, and is missing prescribed text. An SAR was requested on 25/09/09. It did not show. It was requested on 14/01/10. Thats a total of 23 weeks. That has not materialised either.:-D I go to court on 17th of this month to defend a charging order. What should I do?

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i think you will find it very difficult to argue as to date of service if they swear an affidavit as to the method of postage,

 

although you may well have received a first class letter 4 days later- the judge will take the view "well he would say that- wouldnt he)

 

what i would do now is get a SAR off PDQ to see if that gives the lie to their date of posting

 

 

Hi DD. I have scanned and hopefully posted copies of the agreements supplied and DN's issued by both Barclaycard and HSBC. Really grateful for any advice.

Barclaycard - Agreement.pdf

Barclaycard - DN pg 1.pdf

Barclaycard - DN pg 2.pdf

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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Share on other sites

i think you will find it very difficult to argue as to date of service if they swear an affidavit as to the method of postage,

 

although you may well have received a first class letter 4 days later- the judge will take the view "well he would say that- wouldnt he)

 

what i would do now is get a SAR off PDQ to see if that gives the lie to their date of posting

 

And the others.

HSBC - Agreement.pdf

HSBC - DN pg 1.pdf

HSBC - DN pg 2.pdf

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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Share on other sites

A long story short. I have a DN that is out by 1 day, and is missing prescribed text. An SAR was requested on 25/09/09. It did not show. It was requested on 14/01/10. Thats a total of 23 weeks. That has not materialised either.:-D I go to court on 17th of this month to defend a charging order. What should I do?

 

Might be a good idea to chase it up again, did they cash the £10 cheque?

 

I'm not sure how successful you will currently be with the DN issue as looking at other cases on the forum, judge's seem to side more and more with the claimant on this issue - especially if it is only one day out and despite the fact that is has missing prescribed text.

 

That shouldn't be the case of course, but unfortunately, you have to be aware of how biased these judges can be.

 

Magda

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Royal mail 1st.

have a look on this thread:http://www.consumeractiongroup.co.uk/forum/legal-issues/191784-shakespeare62-nastybank.html

Post 749 onwards for dates/timing info

T

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Cheers for that

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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I have a repossession hearing coming up, in their POC the freely admit they are relying on a DN that gives '12 days from date of service' Here is the thread

 

http://www.consumeractiongroup.co.uk/forum/repossessions/177130-repo-order-help-defence.html

 

Would appreciate any guidance as how to go about a defence based on this.

 

Thanks

 

Cosalt

 

i think there may be a conflict here with the regs and DN if this is a secured loan- hopefully one of the legal bods will confirm- i dont think they need the DN if the loan is secured

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i think there may be a conflict here with the regs and DN if this is a secured loan- hopefully one of the legal bods will confirm- i dont think they need the DN if the loan is secured

 

 

Hi dd, its a HP agreement covered by the CCA, I am 99% sure a DN still applies ?

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Hi DD. Would you mind looking at my post 1667 - this a DN and agreement for Barclaycard. Thanks.

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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Share on other sites

the DN is WELL short on time , evenb if posted first class and missing important prescribed text so it matters not whether they prove method of posting in this case

 

RE: HSBC - DN - what prescribed text is missing? Should I now write accepting their termination (p 2 of DN says they will terminate without further notice)?

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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i admit to my knowledge being a bit sparse here as i have not had the need to check it out- but i was under the impression that cca regulated unsecured lending not secured lending

 

I and hundreds of others on cag hope you are wrong on this point !!

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Hi DD. Would you mind looking at my post 1667 - this a DN and agreement for Barclaycard. Thanks.

DD has repplied Br.....ce.

 

The Dn could never be complient, only allowing 14 days from the date of the letter. Surpriced that they have not altered this by now.

 

Agreement does not contain the prescribed terms, unless these were reconstructed and sent separately, in which case they have probably complied with s78

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DD has repplied Br.....ce.

 

The Dn could never be complient, only allowing 14 days from the date of the letter. Surpriced that they have not altered this by now.

 

Agreement does not contain the prescribed terms, unless these were reconstructed and sent separately, in which case they have probably complied with s78

 

Hi Vint. When you replied were you talking about Barclaycard or HSBC?

 

I posted up 2 DN's and 2 agreements (1 Barclaycard & 1 HSBC). I thought the BCard DN gave sufficient time (17 days I think and was sent 1st Class). The HSBC DN gave no allowance for service so I thought that one was defective. Today is the last day for remedy and they say they will terminate without further notice. Can I take them at their word and accept termination?

 

Neither HSBC or BCard attempted to reconstruct the agreement. Do you think they are enforceable?

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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