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    • Interesting question regarding what Government accounts opposition parties have access to, before an General Election. From what I understand, Government department accounts that are published are always lagging behind and would not include some amounts which are classified as 'commercially sensitive'.  Therefore opposition parties and Parliamentrary select committees would not have access to accounts which contain real time up to date information. If a new Government have found £20 billion of spending liabilities they did not know about, this could be true, as £20 billion is not that much when you look at total Government expenditure. Government department are making decisions on spending all of the time and it could be the previous Government were planning tax changes and/or spending cuts to balance the books.  Jeremy Hunt has recently said that if the Tories had stayed in Government and held an Autumn budget, it would have been very difficult to cut taxes as some had wanted.
    • Everyone knows the tories were hiding the costs - and even added 4 billion quid to the taxpayers high interest credit card to fund a chunk of the NI tax reduction - prime example - look at how much cost was hidden re the Rwanda dogwhistle -10 Billion quid     and re the handful of rebels on the benefit limit If the disasters (like the Rwanda rubbish) of Tory dogs being wagged by the extremist minority ERG tail doesn't highlight the issues .. Enlighten yourself here .. (fat chance) Sir Keir Starmer is right to show Labour rebels the door WWW.INDEPENDENT.CO.UK Editorial: Suspending seven MPs following their rebellion over the two-child benefit cap is more than a prime minister flexing his political muscle. It is a...  
    • Trump instigated that didnt he @theoldrouge despite losing the election - and Biden mitigated as much as he could within his boundaries?   "President Donald Trump ordered a rapid withdrawal of all U.S. troops from Afghanistan and Somalia in the wake of his 2020 election loss"   “The order was for an immediate withdrawal, and it would have been catastrophic,” said Rep. Adam Kinzinger, R-Ill., one of two Republican members of the special panel. “And yet President Trump signed the order.”   Trump ordered rapid withdrawal from Afghanistan after election loss WWW.MILITARYTIMES.COM The memo was among the latest revelations from the congressional committee investigating the Jan. 6, 2021, attack on the Capitol building.   Although i agree that Biden should have done more to mitigate Trump driven disasters
    • ok your WS is wrong. Paragraph 16 and 17 says  you did not contract with evri but this is not true - see below  Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency post 251 of occy thread - £844 lost    you should also add a paragraph on donough v Stevenson talking about the fact that even without contract there is still duty of care to goods and by failing to deliver this duty has been breached.   Make those changes and post it back up here and I'll check over things again
    • no we cant add the occy thing because leicster are being difficult people so we're just going to go without it for now
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    • If you are buying a used car – you need to read this survival guide.
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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 
      • 81 replies
    • 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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DCA problems


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Hi all

 

I have an outstanding debt with Shop Direct which is made up of fines etc only totalling about £300.

 

I wrote to them a few months ago and told them that the account was in dispute as they owed me more money than my outstanding balance and it was for unlawful charges.

 

Since I put the account in dispute, they have continued to charge me an additional £12 per month late payment charge and have also transferred the account to a DCA - NDR.

 

I thought that this was not allowed, and that when an account was in dispute / investigation - neither of these could be pursued. I am still waiting for their final letter with regards to the charges before I pursue it any further.

 

What I would like to know is what other action should I be taking - should I report both companies to the FOS / OFT etc.

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When was the account opened??

 

Have you ever sent them a cca request??

 

 

Dear Sir/Madam

 

Re:- Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

Failure to comply with a request such as this actually makes an alleged debt legally unenforcable! :)

 

 

Cheers.

UF

 

 

I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used. If in doubt always consult a qualifies professional lawyer.

 

 

Edited by UnitedFront
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I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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Additionally, yes, you should complain to the OST and also to trading standards. You should complain under CPUT.

 

Additionally you should inform the DCA that the account is subject to a formal complaint as it is comprised of bank charges and that they should stop any enforcement proceedings as they are fully aware that these charges are unlawfully and are likely to be returned to you in due course.

 

Have you begun your process of reclaiming the charges? You should do this immediately. You should do it by court action. Don't hang around. Start now

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I'm having a similar problem with this company. I'll be interested to see how this turns out. Shop direct are relentless in getting payments, they're a nasty bunch. Don't worry though, you're in the right place :)

If I have been helpful in any way, please tip my scales :lol:

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Hi NDR are in house collections for Littlewoods group of companies they like to pretend that they are a DCA your best bet is to use s78 cca or full data sar to get details of all charges and any interest applied to the account and a copy of the actual agreement (not a made up one).

 

I had this with both Littlewoods and J.D.Williams (the value catalogue) neither had any agreement so in Littlewoods case debt would not be pursued and JD they ended up refunding me cheque for £600 due to no agreement existing no agreement to allow them to add charges and interest.

 

dpick

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