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    • Ok just an update sent my DQ recorded delivery, received by court 18/07/24, nothing yet showing on mcol. Deadline is Monday 22/07/24. Hopefully shows on before
    • So, the two child benefit cap is going to (rightly or wrongly) be a big issue, with the care of kids undoubtedly taking second place to political point scoring  ... Some think that parents should be responsible for kids, and the state pay as little as possible else the parents will just use having kids (which they then neglect) as a means of income for them to spend on fags and booze. Some think that benefits should be effectively there for anyone whatever the circumstances.   So what do people think might be some sort of solution?   I think that both those stances are extremes,  and you can be sure of just a few things 1. Neither or any approach fits all affected. There are some who will abuse the system, just as there are some left in genuine desperate need. 2. None of its the kids fault, and how they are treated will have a large impact on our nations future.   So, despite the claims of 'it means only rich people can have kids' which is rubbish, I think the cap should stay. ... BUT that free school meals should be introduced for all state school kids:   Which would * ensure our nations children kids get fed at least one meal a day with the funds intended for that * be a significant incentive to go to school for the poorer kids at least - keeping many off the streets and away from bad company * almost certainly reduce problems and increase productivity in the classroom from irritable hungry kids (per stats)   Not a perfect solution by any means - but seems a positive move to me.    
    • and more positive change From next year, mobile phone, paid television and broadband companies must inform customers of any price rises at the point of sale. The changes, ordered by Ofcom, will come into force on 17 January and mean that any mid-contract price rises must be given “in pounds and pence” and in a “clear and comprehensible” way.   Taken a change of government to do it after years of bluster about it eh?   Mobile phone companies banned from hiking prices mid-contract based on inflation WWW.INDEPENDENT.CO.UK The new year plan ensures providers are transparent on prices at the point of sale  
    • Could he/ his partner set up a new internet bank account?  In his name ? It depends which country, I imagine. Most UK banks want proof of address and ID, probably more. If your friend/partner can use the house address and provide bills that could help. You would need to look at various online banks and see what their requirements are. Or there are expat accounts but I haven't looked closely at how they work. Could I then get his pension diverted to that new account?  That would at least cover some costs  ( ie epc/ storage) I'd have thought the DWP would pay to a new account, as long as the person they're authorised to deal with asks them and provides details. The international pensions people in Newcastle are pretty helpful.
    • HB - he has certainly given me a challenge ! I set a plan in motion. A refinance plan that would have enabled me to take time to sell one asset and sort out another for him.   The bank account blockage has hindered the plan.  His partner seems to think I can do everything w/o paying anyone for anything.  I don't mind helping - but it's not normal to clear out 2 properties, organize storage or sale of possessions, get properties ready for sale/ rent - w/o being paid.  He has the money to pay for things and services - and for my help - but the blockage prevents that. If the refinance plan could still be actioned then at least I would have some time to sell one asset.  Could he/ his partner set up a new internet bank account?  In his name ? Could I then get his pension diverted to that new account?  That would at least cover some costs  ( ie epc/ storage)
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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
      • 162 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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CCAs on Microfiche


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I beleive I`m right in thinking that if a credit card company takes a debtor to court, they have to produce the origional copy of the signed CCA before any action can be taken.

I have been told that they store the older CCAs on microfiche. If this is correct, how do they produce the origionals?

Or am I missing something blindingly obvious ( I probably am, knowing me!!)

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You can bring them to 'Strict Proof' meaning they have to produce the original at court.

 

A lot of companies microfiched documents to 'save space' & warehoused the original documents which in many cases have been lost/destroyed.

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The older applications/agreements sometimes did not include the prescribed terms which are required to be within the 'four corners' of the agreement. These are, credit limit, repayment terms, %APR, right to cancel etc.

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I beleive I`m right in thinking that if a credit card company takes a debtor to court, they have to produce the origional copy of the signed CCA before any action can be taken.

I have been told that they store the older CCAs on microfiche. If this is correct, how do they produce the origionals?

Or am I missing something blindingly obvious ( I probably am, knowing me!!)

 

See below. As Cerberusalert says, you can put them to strict proof but the requirement is that originals should be available, not must be available.

 

CPR 16

Practice Direction PART 16

STATEMENTS OF CASE

This Practice direction supplements CPR Part 16

 

OTHER MATTERS TO BE INCLUDED IN PARTICULARS OF CLAIM

 

7.3

Where a claim is based upon a written agreement:

 

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and

 

(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).

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

 

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Right, OK thanks for the help. The copy they sent me has the thick black borders that Cerberus mentioned and these are peppered with white speckles. There are also quite alot of thin white lines, like cracks, which run vertically along the full length of the page.

Although there is a bit of bleed through from the reverse side of the document on the copy, so I don`t know if that would happen on microfiche, would it? (I can`t scan a copy up, unfortunately)

So if they don`t HAVE to produce the origionals for "strict proof", would there be much point in doing it?

Parts of the T&Cs are very difficult to read in places, and totally illegible in others

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Right, OK thanks for the help. The copy they sent me has the thick black borders that Cerberus mentioned and these are peppered with white speckles. There are also quite alot of thin white lines, like cracks, which run vertically along the full length of the page.

Although there is a bit of bleed through from the reverse side of the document on the copy, so I don`t know if that would happen on microfiche, would it? (I can`t scan a copy up, unfortunately)

So if they don`t HAVE to produce the origionals for "strict proof", would there be much point in doing it?

Parts of the T&Cs are very difficult to read in places, and totally illegible in others

 

Strict proof would normally entail producing the original or perhaps a certified copy (not sure about the latter).

 

Unfortunately, it tends to be down to the Judge's discretion which is why you can't rely on it.

 

Is the copy legible...I mean without straining your eyes too much??

 

If not, then you can challenge on this basis...

 

Regulation 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

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No, it`s virtually impossible to read in places. Thanks for that, Welsh Mam, I shall certainly challenge them, because I don`t see how it would be enforcible in the state it`s in

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Hi folks,

 

Take a deep breath

 

I have now received my CCA from RBS, however, Im concerned with its content and format, firstly I asked for the original signed true copy, what they have sent me is a a photocopy, faxed agreement, with my signature on one of the sheets, which is the Customer duty of care form, (which I guess is not the loan agreement. I have also received a front sheet describing loan amount interest charged what I should expect to pay back, however the worrying thing about this is, its in a different format, the next page describes the terms and conditions which I cannot read at all with no date on there , the more worrying point is, the signature is different to the duty of care form, the only time I used this signature( and this was deliberate), when I last corresponded with them intialling it SP (signtature format) whereas my first name starts with S and surname I.

 

I know I have gone on a bit here, but I smell a HUGE rat, can someone PLEASE help

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Hi folks,

 

Take a deep breath

 

I have now received my CCA from RBS, however, Im concerned with its content and format, firstly I asked for the original signed true copy, what they have sent me is a a photocopy, faxed agreement, with my signature on one of the sheets, which is the Customer duty of care form, (which I guess is not the loan agreement. I have also received a front sheet describing loan amount interest charged what I should expect to pay back, however the worrying thing about this is, its in a different format, the next page describes the terms and conditions which I cannot read at all with no date on there , the more worrying point is, the signature is different to the duty of care form, the only time I used this signature( and this was deliberate), when I last corresponded with them intialling it SP (signtature format) whereas my first name starts with S and surname I.

 

I know I have gone on a bit here, but I smell a HUGE rat, can someone PLEASE help

 

Best to start a new thread Khadzay and scan the documents in for comment. Remove all personal details but you might want to explain the signature anomalie on your post.

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

 

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