Jump to content


  • Tweets

  • Posts

    • 12mph (beyond any UK limit) will certainly qualify for a Fixed Penalty. So you should received an offer of a FP for each of the remaining two offences. Be sure to submit your licence details as instructed when you accept the offer. If you don't your £100 will be returned to you and the police will prosecute you in court.
    • and it will be also now written off under age related criteria anyway.
    • @dx100ukThanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe consequences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points? @Man in the middleI've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
  • 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

Just starting our - CCA requests help etc


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4828 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

Its a bl**dy joke really.Unsecured debts should be unsecured.However if you are a house owner then our edit laws allow this stupid nonesense to become enforceable.Neat little twist dont you think.So why refer to loans etc as unsecured with no reference to them becoming secured if you unfortunately default.

However,if you dont own property and owe the earth,just walk away,how come,well its unsecured!!

Its about time this dozy law along with so many other ancient laws were changed.(That goes for the old crones administering same)

Hang in there Basil.

Caggers will guide you.

Stripper;)

Edited by cerberusalert
bypassing swear filter
Link to post
Share on other sites

  • Replies 68
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Its a bl**dy joke really.Unsecured debts should be unsecured.However if you are a house owner then our edit laws allow this stupid nonesense to become enforceable.Neat little twist dont you think.So why refer to loans etc as unsecured with no reference to them becoming secured if you unfortunately default.

However,if you dont own property and owe the earth,just walk away,how come,well its unsecured!!

Its about time this dozy law along with so many other ancient laws were changed.(That goes for the old crones administering same)

Hang in there Basil.

Caggers will guide you.

Stripper;)

 

The EU are currently looking to implement the same warnings for unsecured as secured... i.e. your home may be at risk..... shame its so blinking late.

 

S.

Link to post
Share on other sites

  • 2 months later...

Can someone please give a few pointers on what to look for when choosing a CMC or solicitor/barrister to represent you in court. For example, where to find them, what questions to ask, and anything else that may be appropriate.

 

Thanks

 

BF

Link to post
Share on other sites

you wont need a solicitor for that, you can defend that with help of this site.. if dca/credit company take you to court without providing a cca that is a complete defence in law.. very few credit card companies resort to court action, normally because of invalid/or not providing a cca

Link to post
Share on other sites

I must admit I felt that way until recently. Now, some are advising on this forum that its not a great idea to go to court as a LIP, so I thought it would be a good idea to get some information about CMC's, solicitors and barristers.

 

Of course, when I say no CCA, I also include them taking you to court with reconstructions, faulty CCA's, DN's etc.

BF

Link to post
Share on other sites

  • 2 weeks later...

I was living abroad, had an order for sale they arranged the auction and I never ever received the court papers, I paid the debt 4K and the order for sale was set aside whilst we argued costs. I have just lost case fr 15K worth of costs for emptying thecontents of my property and marketing for the auction. So all be aware. ( I was informed by local newspaper otherwise the auction would have gone ahead and I would not known til I visited uk) There is nothing I can do.

Link to post
Share on other sites

  • 5 months later...

Over a year ago I made CCA requests to different credit card companies, since then receiving nothing more than recent T&Cs and cut and paste agreement jobs. I've had all the threats that they MAY take me to court, so what I want to do now is send them a letter asking them to confirm that they

a) hold the original, signed agreement,

b) that they confirm in writing that they sent me a reconstituted agreement,

c) if it is reconstituted, and they dont hold the original, what is it reconstituted from.

d) if they confirm that they dont hold the original, that the alleged debt is unenforceable.

 

Has anyone here sent a similar letter to any creditors, and if so, do they have a link or a template to one?

 

Many thanks

 

BF

Link to post
Share on other sites

I may not be the sharpest tool in the box, but I would suggest that you send something along the lines of the following. I cobbled it together from templates and the information you've provided Basil.

 

Oh, and I'd make sure that the more knowledgeable here check that what I've put is okay before sending it!

 

Dear Sir/Madam

 

Account In Dispute

 

Ref:

 

Thank you for your letter dated xx/xx/xx and the (photocopied?) documents, the contents of which have been duly noted.

 

Subsequent to the above, in all good faith I believe the "agreement" sent to be a reconstituted copy, rather than the original as I requested in my letter of xx/xx/xx.

This is clearly in breach of the Consumer Credit Act 1974 s77/8 where you are required by law to furnish me with a true copy of the Consumer Credit Agreement for the above account.

 

I now require you to disclose, in full, the documents from which you reconstituted this "agreement".

Should you refuse to comply, you should provide me with your reasoning for doing so.

 

If you are unable to confirm in writing within x days of the date of this letter that you do indeed hold an original copy of the alleged Consumer Credit Agreement and furnish me with such, including true copies of any documents that are referred to therein, you will be in breach of OFT guidelines and the above account will remain in dispute.

 

Furthermore you should be aware that a creditor is not permitted to take any action against an account whilst it remains in dispute.

The lack of a true credit agreement is a very clear dispute and as such the following applies:

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

 

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report any actions to the contrary to any such regulatory authorities as I see fit.

 

If you are unable to furnish me with the requested documents, you should inform me of such in writing, acknowledge that this matter is now closed and that you will not contact me again.

 

I would appreciate your due diligence in this matter and await your written response.

 

Yours faithfully,

 

 

Good luck mate! :D

 

 

Edited by Halibutt
  • Haha 1

 

 

Link to post
Share on other sites

Thanyou very much for the replies Pinky and Halibutt, and Halibutt that

letter looks great to me. I wasnt asking for a template through laziness, just that I admit that I'm not a good letter writer, and definitely couldnt have done something like that, so many thanks to you.

 

I'm trying to put the creditor in a position of having to admit that, one, they dont have the original agreement, and two, they cobbled something together instead. I believe that due to OFT guidance we have a right to ask this?

Getting a truthful answer may be a bit hopeful, I realise this, but it cant hurt to ask can it.... Their replies will be interesting, and I will of course post them on here (for everyone to laugh at :D)

 

If anyone would change the letter above, or improve it any way, please let me know, and hopefully I'll have some letters in the post to them tomorrow.

 

Thanks again!

 

BF

Link to post
Share on other sites

I may not be the sharpest tool in the box, but I would suggest that you send something along the lines of the following. I cobbled it together from templates and the information you've provided Basil.

 

 

 

Oh, and I'd make sure that the more knowledgeable here check that what I've put is okay before sending it!

 

 

 

Dear Sir/Madam

 

 

 

Account In Dispute

 

 

 

Ref:

 

 

 

Thank you for your letter dated xx/xx/xx and the (photocopied?) documents, the contents of which have been duly noted.

 

 

 

Subsequent to the above, in all good faith I believe the "agreement" sent to be a reconstituted copy, rather than the original as I requested in my letter of xx/xx/xx.

 

 

This is clearly in breach of the Consumer Credit Act 1974 s77/8 where you are required by law to furnish me with a true copy of the Consumer Credit Agreement for the above account. It is permissable for them to send a reconstituted Agreement to answer the CCA request.

 

 

 

I now require you to disclose, in full, the documents from which you reconstituted this "agreement".

 

 

Should you refuse to comply, you should provide me with your reasoning for doing so.

 

I would leave out the above paragrah.

 

If you are unable to confirm in writing within x days of the date of this letter that you do indeed hold an original copy of the alleged Consumer Credit Agreement and furnish me with such, including true copies of any documents that are referred to therein, you will be in breach of OFT guidelines and the above account will remain in dispute. They will no be in breach of OFT guidelines as a reconstituted (made up) copy is acceptable.

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

Insert the above paragraph which I now suggest is included in all future cca requests..

 

 

 

Furthermore you should be aware that a creditor is not permitted to take any action against an account whilst it remains in disputte.

 

 

The lack of a true credit agreement is a very clear dispute and as such the following applies:

 

 

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

 

 

 

* You may not add further

interest or any charges to the account.

 

 

 

* You may not pass the account to a third party.

 

 

 

* You may not register any information in respect of the account with any credit reference agency.

 

 

 

* You may not issue a default notice related to the account.

 

 

 

I reserve the right to report any actions to the contrary to any such regulatory authorities as I see fit.

 

 

 

If you are unable to furnish me with the requested documents, you should inform me of such in writing, acknowledge that this matter is now closed and that you will not contact me again.

 

 

 

I would appreciate your due diligence in this matter and await your written response.

 

 

 

Yours faithfully,

 

 

 

 

Good luck mate!

:D

 

 

 

 

 

 

 

Hope that helps

  • Haha 1
Link to post
Share on other sites

Thanks HS. And you're very welcome Basil, I didn't think it was laziness for one minute mate. I'm just happy to try to give back to this community and as I'm not working and in receipt of benefits, I have the time to do so! ;)

 

 

Link to post
Share on other sites

From Harassed Senior's advice, I would suggest that the letter is worded to read:

 

Dear Sir/Madam

Account In Dispute

Ref:

 

Thank you for your letter dated xx/xx/xx and the (photocopied?) documents, the contents of which have been duly noted.

 

Subsequent to the above, in all good faith I believe the "agreement" sent to be a reconstituted copy, rather than the original as I requested in my letter of xx/xx/xx.

 

I now require you to disclose, in full, the documents from which you reconstituted this "agreement".

 

Please confirm in writing within x days of the date of this letter that you do indeed hold an original copy of the alleged Consumer Credit Agreement.

If you do intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted, if the original exists and in what form (microfiche) etc.

Furthermore you should be aware that a creditor is not permitted to take any action against an account whilst it remains in dispute.

 

The lack of a true credit agreement is a very clear dispute and as such the following applies:

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

 

* You may not add further interest or any charges to the account.

 

* You may not pass the account to a third party.

 

* You may not register any information in respect of the account with any credit reference agency.

 

* You may not issue a default notice related to the account.

 

I reserve the right to report any actions to the contrary to any such regulatory authorities as I see fit.

 

If you are unable to furnish me with the requested documents, you should inform me of such in writing, acknowledge that this matter is now closed and that you will not contact me again.

 

I would appreciate your due diligence in this matter and await your written response.

 

Yours faithfully,

 

 

Link to post
Share on other sites

And There Is Me Thinking Pinky & Perky

 

Cheeky bugger ;-)

 

Yes, keep us posted BF and the best of luck to you!

 

(make sure you keep copies of all correspondence, both sent and recieved)

 

 

Link to post
Share on other sites

Nice one Dotty and thanks. Could you please clarify which is true though:

 

(From your letter)

"The copy of the executed agreement need not be an exact copy but it must be a ‘true copy’ and not some reconstruction of what the original might have been and it must contain the same terms as the original."

 

or

 

(from Harassed Senior's advice)

It is permissable for them to send a reconstituted Agreement to answer the CCA request.

 

Or are they saying the same thing? Or is the crucial point, "might have been"? I'm a bit confused now...

 

My apologies.

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...