Jump to content


  • Tweets

  • Posts

    • My ex blamed me for her not paying her bills she says I controlled her money. So I have been told I need to pay them as it was my fault. She has not paid the bills where she lives now which was my house. I'm not allowed contact with her and again she is blaming me. As in this type of case it is victim led so no matter what stupid thing she says she is believed. It is for me to prove otherwise.
    • No SAR yet but they have confirmed via email that they have everything and will supply it by this month end.    When you say the FOS considered it a personal loan due to personal guarantee who is the FOS? Financial Ombudsman?  But then that doesn’t make sense as they haven’t been involved yet.    Santander in their final response to my original complaint did not agree to it. They turned my complaint down and specified that the selling dealership had agreed to treat it as personal for settlement purposes.    I guess they could not agree to it as then they would be guilty of miss selling but they gave me what I wanted by saying I would not get treated as a business customer in regards to finance charges.    Awful bank to deal with. Will never touch them again. 
    • Background I am in dispute with Clerical Medical over, amongst other things, statements that I haven't received. They didn't resolve my complaint in time so invited me to complain to the FOS, which I did The FOS investigator in his findings has written that  Clerical Medical have mow provided all missing statements apart from two. One of these is for the policy year 2021 - 2022, which they say is unavailable due to a system migration. I have twice asked the FOS investigator for a copy of his screen shot to try and resolve this discrepancy but they have ignored me so today I submitted a subject access request. I said I was primarily interested in the screen shot but I also asked for everything they held against the complaint reference number. The response I got from firstly the Data Protection Operations Senior Coordinator, then secondly the investigator was that  The investigator expanded on this and said I'll wait the 40 days and see what they come back with then make a decision on next steps at that point, but I want to make sure I've got my facts in the right order before I start arguing with them. They seem to be saying that my SAR doesn't cover the screen shot because it isn't personal data but I disagree. I have a reference number that identifies my complaint and therefore indirectly identifies me. I think that means everything that is held against that reference number, including the screen shot, is my personal data and is in scope of my SAR (subject to exemptions). Who is right?
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • You sure it's a Section 48 notice? Section 48 notice is just telling you who your landlord is. Have they sold and they're just telling you who your new landlord is or is it an actual eviction notice? Might be best scanning it up just in case here.
  • Recommended Topics

  • 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
  • Recommended Topics

cupcake68 Vs Egg


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4570 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 472
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

You have the proof that the FOS have received your complaint;

any reputable firm should be mindful!

 

If BC continue, then report them to the SRA and FSA.

 

Cupcake

 

I would e-mail Uncle Bryan and Freds etc, PDQ with the FOS complaint number - just so you have an audit trail that you have done all you can to arrive at an "amicable" settlement.

 

BD

Link to post
Share on other sites

Hi BD

 

I don't have a compaint number as yet, I just received the do not reply immediate response you get when you email them!!

 

I did email BC at the address you kindly gave me (because he doesn't make it easy to contact him!!) and told him that I had complained.

 

Cupcake

Link to post
Share on other sites

  • 2 weeks later...

OK

 

No reply from FOS but a slightly less forceful letter from BC!

 

 

It includes a copy of the same print out that Freds sent me!!

 

Should I reply to BC while my complaint is in?

 

Thanks

 

Cupcake

Edited by cupcake68
Link to post
Share on other sites

Ok

 

Have now had the necessary forms from FOS re my complaint but I'm still unsure if I should have any contact with Egg or Brian Carter while the complaint is open.

 

Can someone please advise me?

 

Thank you

 

Cupcake

Link to post
Share on other sites

  • 2 months later...

Funny!

 

I have received a very disjointed letter from Egg re my complaint to FOS. Lots of words missing etc!!

 

Basically they think they have already complied but in this instance they will send it again (out of the goodness of their hearts!!) and I will be getting this within the next 14 days!

 

Not heards from FOS - don't know if I will, but no doubt they will just send the same as last time which is my current agreement and tells me nothing!!

 

ARGHHHH!!!!

 

Cupcake

Link to post
Share on other sites

Why not send a copy of their own incomplete letter back to Egg asking them to fill in the missing words - keeping copies of this for yourself? If nothing else it gives them more work to do!

 

BD

Link to post
Share on other sites

  • 2 weeks later...

HELP!!!!

 

I have received a letter today from Brian Carter.

 

They "have now issued litigation proceedings in the county court" I "will receive a claim form in the next 48 hours direct from court"

 

Are they bluffing?

 

They say I "can telephone and discuss this case with account manager"

 

The current situation is.....

 

I complained to FOS who replied (29th April) saying they have asked EGG to comply with my request and that I should get a final response within 8 weeks

 

I then got a very disjointed letter from Egg (doesn't say final response) saying they did comply but on this occassion they will send it out again. I was supposed to have received this by 27th May (I didn't!!).

 

WHAT SHOULD I DO NOW?

 

I am wondering if BC is trying to bluff some money out of me before the outcome of PT's case this week but the letter does say HAS not MAY!!

 

I have never got this far before so I have no idea of the proceedure and am in slight panic so any help would be really appreciated.

 

Thank you

 

Cupcake

Edited by cupcake68
Link to post
Share on other sites

I would phone FOS to confirm if they're allowed to do this while the case is still with FOS. I don't think they are?

 

I would also phone the Bryan Carter number - just to see what they say - but only pay a token £5 to put things on hold. They accepted that with me. Also follow up by confirming everything by e-mail. Do you want an e-mail address for Uncle Bryan?

 

Good luck!

 

BD

  • Haha 1
Link to post
Share on other sites

Thanks for the quick response BD

 

I have just spoken to FOS (great minds!) and there is nothign they can do if Egg decide to issue proceedings whilst the complaint is ongoing but they can get any judgement removed after the event if they decide it was not correct to do so.

 

I am nervouse to call BC and make a payment because I am sure I have read elsewhere that that is accepting the debt in some way.

 

Can anyone confirm or deny this?

 

Thanks guys!

 

Cupcake

Link to post
Share on other sites

Don't ring BC

 

Search on here for him & his firm of debt collectors (Fredricksons)

 

AFAIK there has not been a single win for BC against a Cagger who has submitted any defence.

 

He usually discontinues (normally after allocation to try and fend off the costs application by the defendant)

 

Haven't read the full thread but I bet you haven't got a DN from Egg?

 

Keep your termination letter very safe though :)

  • Haha 1

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

Link to post
Share on other sites

Thanks for the quick response BD

 

I have just spoken to FOS (great minds!) and there is nothign they can do if Egg decide to issue proceedings whilst the complaint is ongoing but they can get any judgement removed after the event if they decide it was not correct to do so.

 

I am nervouse to call BC and make a payment because I am sure I have read elsewhere that that is accepting the debt in some way.

 

Can anyone confirm or deny this?

 

Thanks guys!

 

Cupcake

 

 

Hi Cupcake!!

 

I personally would not make any payment. IF they have issued proceedings then a token payment is not going to stop this. Please don't ring them either. All you can do is wait for the court papers.

 

Are you able to scan the letter up on here with your personal details removed?

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

Link to post
Share on other sites

Hi WM

 

Thanks for your advice

 

Do you mean the Brian Carter letter? It doesn't say much more than I quoted but it definitely says "we have now issued litigation proceedings in the county court. You will receive the claim form in the next 48 hours direct from the court"

 

I can post it up if it helps though!

 

Cupcake

Link to post
Share on other sites

All I can say is I DID ring them - and e-mailed - and agreed to pay £5 per month to stop "further action".

 

I personally consider this a cheap way of avoiding any further hassle whilst I await the result of PT's test case - but each to his own!

 

BD

Link to post
Share on other sites

Ok, quick scan of your thread and you do have the original DN & TN.

 

If I were you I would SAR Egg today and get as much info as you can.

A SAR to Egg rarely turns up nothing useful :D

 

IMHO there is something wrong with the claim as they are using Carter rather than a proper solicitor.

 

JMHO though

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

Link to post
Share on other sites

Thanks for the quick response BD

 

I have just spoken to FOS (great minds!) and there is nothign they can do if Egg decide to issue proceedings whilst the complaint is ongoing but they can get any judgement removed after the event if they decide it was not correct to do so.

 

I am nervouse to call BC and make a payment because I am sure I have read elsewhere that that is accepting the debt in some way.

 

Can anyone confirm or deny this?

 

Thanks guys!

 

Cupcake

 

1. I would check with OFT or FSA if Egg/Bryan Carter are breaking OFT or FSA guidleines by doing this while the case is still ongoing.

2. You can agree to make a token payment without accepting liability - pending clarification. After all (putting aside dodgy DN's, TN's etc.) until PT's case is settled NO ONE KNOWS if the Egg debts are enforceable or not - that is assuming they CAN find the original signed CCA.

3. Without the original signed CCA they SHOULD NOT be able to ENFORCE the CCA in Court - but it might (but shouldn't) depend on how dodgy the judge is.

 

BD

 

BTW - I heard this morning the OFT boss is the highest paid "mandarin" - so he'll be well used to not being able to afford to keep up with HIS debts!!!!

Link to post
Share on other sites

All I can say is I DID ring them - and e-mailed - and agreed to pay £5 per month to stop "further action".

 

I personally consider this a cheap way of avoiding any further hassle whilst I await the result of PT's test case - but each to his own!

 

BD

 

Problem is that won't stop them in 6 months when they suddenly ask for the full amount and submit a claim a week later .........

 

been there done that ....... and won !! :lol:

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

Link to post
Share on other sites

Hi WM

 

Thanks for your advice

 

Do you mean the Brian Carter letter? It doesn't say much more than I quoted but it definitely says "we have now issued litigation proceedings in the county court. You will receive the claim form in the next 48 hours direct from the court"

 

I can post it up if it helps though!

 

Cupcake

 

Yes Cupcake, I did mean the BC letter...only to see if it definitely stated that that had issued proceedings. I'm sure you know that a lot of these letters are strategically written into making you think that things have or will happen when in fact there are a lots of "we may..." type statements in there.

 

I'm slightly bemused as to why they would even bother sending you this letter as the court papers would arrive in the post in due course anyway.

 

On a reassuring note, I get the impression that BC frequently mess up their litigation so that goes in your favour.

 

Quickly looked through your thread. Is your argument that the account was unlawfully terminated whilst in dispute??

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

Link to post
Share on other sites

Thanks everyone!

 

I will SAR them today and also get the reply from Egg back to the FOS (apparently it is classed as their final response even though it doesn't say so - I thought that was a must!)

 

How long roughly does it take from this point to get to court? Will I have time to get the info on SAR ?

 

Thanks again

 

Cupcake

Link to post
Share on other sites

On a related note, I'm not sure if PT's case will have any bearing on this agreement which was taken out in 2007 and appears to adopt the newer Citi style agreement as opposed to the old Egg one.

 

I did check online to see when Citi took over Egg and that was in 2007. It might be interesting to know on what date the format of the agreement changed though. (I get the impression the deal was finalised on 1 May 2007 but naturally had been going on for a long time before that with regulatory approval obtained in late January).

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...