Jump to content


  • Tweets

  • Posts

    • wont go near it with a barge pole as its ex gov't debt.  
    • Thanks, I've had my fill of this lot. What makes me so mad is that I had to take out student loan to get any DHSS help. And then when I tried to help myself and family they presented obstacles. Might be worth passing story to RIP off Britain?
    • there is NO exposure if you simple remove your name address/ref numbers etc from docs, over 10'000 pdf uploads are here. which then harvests IP addresses off of the people that then do so..which is why we do not allow hosting sites. read our rules and upload carefully thats exactly why we say capture as JPG, redact, then convert/merge to one mass PDF. then online sites to achieve that we list do not leave watermarks.  every once in a while we have a user like you that thinks they know better...we've been doing it since 2006 with not one security issue. thank you.
    • was at the time you ticked it  but now they've still not complied . if you read up, here , you'll see thats what everyone does,  
    • no they never allow the age related get out, erudio are masters at faking supposed 'arrears' fees which were levied before said date and thus null its write off. 1000's of threads here on them!! scammers untied that lot. i can almost guarantee they'll state it's not SB'd too re above, but just ignore them once sent. dx    
  • 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 4981 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

  • Replies 5.4k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Hi Colin

 

I must have two short fingers.

 

Alan

 

:lol: were you counting in halves? :lol:

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

You can make a donation here:

Link to post
Share on other sites

The D/N states that you have breached the term that states that you must not exceed the credit limit.

 

It would be a good idea to ask them which term this is in the agreement they sent you, because it isn't clear that it is there; I had a look but unfortunately couldn't zoom it sufficiently large enough to read it very well.

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

You can make a donation here:

Link to post
Share on other sites

It would be a good idea to ask them which term this is in the agreement they sent you, because it isn't clear that it is there; I had a look but unfortunately couldn't zoom it sufficiently large enough to read it very well.

I have enlarged by increasing the % page size on Internet explorer (found at bottomt R.H.C) and am unable to find any reference to over limit conditions in T&C

G

Link to post
Share on other sites

Only reference that I can see is at top right of T & C's.

 

3.Key Information

3[A] Default Charges

 

Second clause there is.. 'If you go over your credit limit--£12'

Yes saw that but that merely relates to charges for going over drawn

not requirements for repayment.

G

Link to post
Share on other sites

Ok

 

I'll ask them which term but does this make any difference to the DN being invalid?

 

Cupcake

 

No, but if they issue a DN for something which isn't even a breach under the agreement then that has to be more fuel for the fire against them; it's not only invalid due to dates, but it's also invalid because it was issued for something which wasn't even a breach according to the terms of the contract! i.e., if there is no breach then they are not permitted to give notice of termination (s98 CCA)

 

Alternatiely/also, if they then quote a term which isn't on the agreement they have sent you, then this also casts doubt on the "agreement" they have sent you! :-)

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

You can make a donation here:

Link to post
Share on other sites

I have enlarged by increasing the % page size on Internet explorer (found at bottomt R.H.C) and am unable to find any reference to over limit conditions in T&C

G

 

ah yes, I should have done that, but unfortunately, for other important reasons, I am using Firefox as my default browser, and can't change back at the moment; although there are several other reasons why I should! :rolleyes:

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

You can make a donation here:

Link to post
Share on other sites

Thanks Colin

 

Now I understand why it was so important!

 

I will write and ask them which term this is in the agreement and let you know.

 

Cupcake

 

You're welcome. Ask them to state the exact term with reference to your agreement by number. Hopefully they will reply with something which will give you some more ammunition! :) Let us know what happens...

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

You can make a donation here:

Link to post
Share on other sites

ah yes, I should have done that, but unfortunately, for other important reasons, I am using Firefox as my default browser, and can't change back at the moment; although there are several other reasons why I should! :rolleyes:

 

Holding down 'ctrl' and then tapping the '+=' key when using Firefox will increase the size.

 

Holding down 'ctrl' and tapping the '-' key will decrease it.

Link to post
Share on other sites

Holding down 'ctrl' and then tapping the '+=' key when using Firefox will increase the size.

 

Holding down 'ctrl' and tapping the '-' key will decrease it.

 

Likewise with holding the 'Ctrl' key and using your mouse scroll wheel.

 

Thank you both, that is an extremely useful piece of information; I know just about everything about IE, but almost nothing a Firefox! Thanks again...:)

 

Perhaps you can help me with another problem; it seems like the cookie which keeps you logged in (which is working fine in IE) doesn't work in Firefox on my computer. Every time I return to a page on the site I have to log in again... So annoying!

Edited by colin21958

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

You can make a donation here:

Link to post
Share on other sites

Thank you both, that is an extremely useful piece of information; I know just about everything about IE, but almost nothing a Firefox! Thanks again...:)

 

Perhaps you can help me with another problem; it seems like the cookie which keeps you logged in (which is working fine in IE) doesn't work in Firefox on my computer. Every time I return to a page on the site I have to log in again... So annoying!

 

Tools..options..privacy..

 

Ensure its set to remember history.

 

S.

Link to post
Share on other sites

Tools..options..privacy..

 

Ensure its set to remember history.

 

S.

 

Hi Colin-- I only know what I've found by trial and error on Firefox but probably to do with permissions on Firefox.

 

Have a play around in 'Tools'-'Options' or try the FAQ or Forums in Mozilla

 

Thanks, I have checked all that and can see no obvious problem with the settings. I will try the forums as you suggest M.

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

You can make a donation here:

Link to post
Share on other sites

Thanks Colin

 

Now I understand why it was so important!

 

I will write and ask them which term this is in the agreement and let you know.

 

Cupcake

 

I believe that a DN must give a date and not state number of days in the DN. Just trying to see if there is anything else that can be done, but i am not quite sure but i think i remember reading on this thread somewhere that a DN must also specify a date to make it valid.

 

Cupcake, maybe worth looking in to, or maybe DD could have a look and comment.

Link to post
Share on other sites

The Act requires a date to be given:

 

"if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than fourteen days] after the date of service of the notice, before which that action is to be taken..."

Link to post
Share on other sites

Section 87 is not relevant!

 

Amex v Ian Karl Robert Brandon 25 may 2010, bristol county court, case no 9JU75140

 

Handed a copy of the above case at court today.

 

Judge agreed that DN was received 4 days after date to comply.

Prescribed terms were missing.

That it did not comply with S87, but S87 was not relevant.

 

Maybe one of the lawyers/solicitors on this site can post up the case.

 

Swayne & co overturned.

 

Need to get drunk

 

 

any chance you can scan and post this case

 

also did the debtor write and accept UR on the back of the defective DN? if so i would have thought the judge would have had to contend with general contract law and not s87

 

quite how he would seek to revoke the debtors right to election after the creditors UR i am not qute sure

 

as far s s87 is concerned- if the creditor has no comply with the requiremnent to serve a valid DN and then failing to do so terminates the agreement - then i cannot see that it matters a tinkers cuss whether the debtor had another three months or three years afterwards to make a payment- he would have been entitled to take the creditor at his word that at the end of the defective remedy date- the creditor was going to carry out his threat and terminate/demand eariler payment of sums not yet due

Link to post
Share on other sites

Hi all. received yet another to the collection. The thing here is the postage used. 17 days after the date of notice ie 23rd but it was only received today 28th. Was posted with an S mark which I dont know. Also it doesnt really make it clear how much is required. The default is for both ovelimit and arrears. Oh yeah there are about £250 charges + interest on the account. + if its posted from Belfast I imagine thats another day on the shipping time being as im in south midlands.

 

Default

 

http://i1017.photobucket.com/albums/af299/badgercraig/ulster/ulsterdn.jpg

 

Envelope

 

http://i1017.photobucket.com/albums/af299/badgercraig/ulster/ulsterenvelope.jpg

Edited by Craigbadger
Link to post
Share on other sites

Was posted with an S = second class which means four days for service + the DN is not date specific.

 

You may be interested to look here about postage: British Postmark Society (of course this isn't an offical postal site but it does give some clues as to where the mail comes from and how it is delivered).

 

This suggests that this envelope was delivered by TNT to the Royal Mail system and could not therefore be regarded as first class, or being delivered within 2 days.

Edited by colin21958

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

You can make a donation here:

Link to post
Share on other sites

Interesting.

Says royal mail aim to deliver within 1 day of receipt so imo for me to of received this today, royal mail would of received it friday to be shipped as first class knocking 3 days off the date it was written.

 

Imo there is no way on earth they can prove this was posted any earlier and Ive genuinely not been given 14 days to remedy.

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4981 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...