Jump to content


  • Tweets

  • Posts

    • I decided on confrontation - which I hate.  Omg the arrogance of the driver.  They refused to say who had given them the alleged permission to park on the private land - unless I proved ownership.  I couldn't believe they could be so objectionable.   They advised they couldn't take public transport to work as they lived too far away.  They couldn't rent a local garage as none were available. I simply said that's their issue not mine. It was infuriating that this person had such misplaced entitlement.  However I decided to humour them and show them the title deeds.   They couldn't respond.  Although at this point they alleged some guy in a city up north - whose name they couldn't remember - gave permission!!    They then asked if they could buy the garages and land!! Yet can't afford to park on a meter !! They seemed to back down and agree to now park elsewhere.  I hope so. 
    • I've worked out the contractor invoiced apx 250k - Without adding vat to the invoices.  So based on above he should have added vat to all invoices once he reached 85k?  Obviously he had to pay his labourers - would those payments get taken off what he received?  Or it doesn't matter cos he invoiced for the high sum?
    • Greetings, I'm writing to seek assistance with an ongoing issue I'm having with Manchester Council.  I parked my car in a residential area behind Wilmslow Road to go purchase some food, not realizing it was a no-parking zone. I later received a letter stating I had failed to make the required payment, and the penalty had increased. I appealed the fine, explaining that I had parked there but never received the original Penalty Charge Notice (PCN), so I was unaware of the need to pay. However, the council's reply did not address my initial concern. Is there anything I can do in this situation? I admit to parking there, and I was willing to pay the original fine, but I don't think it's fair for them to demand a doubled amount when they failed to send me the initial PCN.  Any advice or guidance you can provide would be greatly appreciated. Thank you in advance for your assistance.   MK Document.pdf
    • If you look at some of the other debt related threads will see that one of the first things which will be asked will be for you to list out your debts in a brief chronological order, including date of debt, amount, creditor, amount outstanding, defaulted – yes/no – date of default, date of last payment made, have you acknowledged the debt at all to the creditors. That lot at least. I expect that my colleague @dx100uk will be along but will meet to know at least that information
    • Hi, I have found this group very helpful hence I am here seeking help and advice.   I got myself into a situation where I have now more than £50k in unsecured debts (personal loans & credit cards) and things are now getting out of control as I am struggling to make payments. This is purely my own created situation and I am taking 100% responsibility for it. I am keen to get out of this situation as soon as possible hence I would appreciate any help and advice in this process. I am employed at the moment and don’t want to risk going into IVA or bankruptcy as this would risk losing my job. Being sole bread earner of my family, I cannot afford to lose my job. I have been trying to keep up with the payments so far and had few missed payments instances until 3/4 months ago but got caught up with missed payments somehow using my savings. All my debts are still with original lenders. However I know I am getting into same situation again shortly and won’t be able to get out of it again. I have started exploring Debt Management Plan (DMP) option through StepChange but haven’t submitted it yet. Based on budgeting, I have around £820 available to make payments to all lenders after taking care of all other essential expenses. This is definitely lot more affordable than what I am currently paying to different lenders. 1. Is DMP right option for me in current situation? 2. what are the negative consequences of availing DMP? 3. is there something else that I can do to get out of this situation? I’m determined to clear out all my debts but need bit of breathing space and time. Let me know please if you need any additional information. Thanks in advance for all your help and guidance. MM  
  • Our picks

    • 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
        • Like

Invalid Default Notices


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4980 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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!!!!!!!!!!!!!!

Link to post
Share on other sites

  • Replies 5.4k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

No postmark or other date indicator.

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!!!!!!!!!!!!!!

Link to post
Share on other sites

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!!!!!!!!!!!!!!

Link to post
Share on other sites

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--

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
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

 

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?

Link to post
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

 

 

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!!!!!!!!!!!!!!

Link to post
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!!!!!!!!!!!!!!

Link to post
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

Link to post
Share on other sites

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

Link to post
Share on other sites

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!!!!!!!!!!!!!!

Link to post
Share on other sites

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

Link to post
Share on other sites

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 ?

Link to post
Share on other sites

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!!!!!!!!!!!!!!

Link to post
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!!!!!!!!!!!!!!

Link to post
Share on other sites

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 !!

Link to post
Share on other sites

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

Link to post
Share on other sites

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!!!!!!!!!!!!!!

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4980 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...