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    • Incidentally, congratulations on not buying the warranty. That is another Big Motoring World rip-off. See what we have to say about extended warranties and the Big Motoring World attitude to them is particularly unhelpful
    • well that google is from 2019, but the photos are certainly of someone driving on the public highway in/out by an ANP system, though the site of where the camera actually is, is not showing there are anpr cameras up by the low yellow barriers but they wont get from facing shots from there. interesting, needs to be checked if the road IS a public highway but on private land, cause as you say, if the whole area is max 4hrs , how does the hotel work< ?? must have a reg entry system.  now as for taking pictures of cars on a public highway then guessing the are parking ...erm.... i dont thnk thats right nor allowed under GDPR. dx  
    • Under the consumer rights act 2015, if a defect manifests itself within 30 days and you have a right to return the vehicle for a full refund. If any defect manifests itself within the first six months of ownership then you have a right to return the vehicle for a full refund subject to the retailers right to carry out a repair. If the retailer declines to repair or if the repair fails then you have the right to return. The problem here is that you have to assert their right. It's a bit ridiculous – but you have to do let them know preferably in writing that you are asserting your rights under the consumer rights act either the 30 day right or the six month right. I suppose that you haven't done this – which would be quite understandable because most people don't know that these rights exist and that they are subject to these conditions – the condition that the right must be inserted. It is frankly ridiculous. The dealers know it and we have lots of instances of this company delaying appointments et cetera and our strong suspicion is that they are simply trying to run their customers out of time. On the basis that you haven't asserted your rights, we now have to look to ordinary contract law. You are entitled to purchase a vehicle which is of satisfactory condition and which remains that way for a reasonable period of time. Clearly it is in satisfactory. They are blaming you. Has your independent inspection identified the reason for the defect? This will be important because as you have seen BMW are already saying it is down to your driving and you are going to have to produce evidence that it wasn't down to your driving and the you drove it absolutely reasonably and it was simply the condition of the car. Have you been without the car for any period of time. Is it driveable now? If the car was off the road for a substantial amount of time and was still off the road then you would be able to argue that this is a fundamental breach of contract and that you have been deprived of substantially the whole benefit of the contract and therefore you will be entitled to treat the contract as breached by Big Motoring World and insist on cancelling the contract. It may be that you will eventually be obliged to keep the car but have the repairs paid for. Have you had any quotations for the work that needs doing? I asked you questions about the MOT – but you haven't responded.
    • A 'violent left wing mob', comprised of a chap in a red hoody with a damp polystyrene coffee cup and a bit of wet cement, gets nowhere near cowering frightened farage some distance away on top of his double decker bus .. as farages security and support seem to film the incident grinning     Farage bravely flinches, grimaces and seems to almost burst into tears as the 'objects managed to travel a part of the way toward his position on top of his bus. His reactions honed by having a bit of milk splash him at a prior incident allow him to swiftly fall into a protective cower and grimace .. .. Sometime after, once the mob of 1 had been safely bundled away, farage apparently wipes his eyes of tears, and rising from his cowed and frightened pose, bravely shouts “I will not be bullied or cowed by a violent left-wing mob who hate our country.” .. however few they may comprise of.   https://www.independent.co.uk/news/uk/crime/nigel-farage-cement-barnsley-reform-uk-b2560501.html  
    • According to Parkopedia parking is limited to two hours.  I don't know how accurate this is though. What were you doing there for four hours?
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    • Hello,

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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.
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      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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Help no response for copy of credit agrement


pford
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So basically youre sayign they can just send you a copy of their agreement - and it doesnt have to be a copy signed by the creditor?:confused:

 

Surely not!?!

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Thats right. The main thrust behind the s.77/8 requests is the provision of a statement current of account setting out how much has been paid and how much is outstanding. The copy of the agreement is ancillory to this and is provided so as the debtor can ensure that the statement provided has been accurately calculated in accordance with the terms and conditions. S.77/8 is not about proving the existence of the agreement.

 

All the best

 

Zoot

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So basically youre sayign they can just send you a copy of their agreement - and it doesnt have to be a copy signed by the creditor?:confused:

 

Surely not!?!

 

Yes, quite correct as zoot has already said.

 

However, this does not absolve the lender from the requirement to have to correct paperwork. Unless they have a properly executed agreement that conforms to Section 61 of the CCA 1974 then they cannot enforce the agreement. You can ask the lender to provide a copy of such an agreement and although they are not compelled to produce it they would be silly not to IMO. If they were to go to court to ask a judge to enforce the agreement and they hadn't produced it to you beforehand the judge would most probably take a dim view of their tactics.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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But the agreement they sent me has my present address on it. I opened the account in 1990 shouldn’t it have the address of where I lived at the time I opened the account? for it to be a copy of the agreement

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  • 3 weeks later...

update now had a letter of trading standards and the Halifax

 

 

Further to our recent discussion.

 

i have contacted Halifax again and explaned that the documents you received were not those requested. I have received an assurance that the original agreement will be forwarded, along with a statement for the last six months. As the agreement was signed some years ago, however, this will have to retrieved from their archives and will take approximately two weeks to obtain.

 

should you wish to report the matter to the Office of Fair Trading for consideration, they may be contacted at:

 

 

and today this from the Halifax

 

I

refer to your recent communication and enclose a copy of your statements.

 

Unfortunately, we are unable to retrive your original agreement.

 

the £1 for the copy application has been credited back to your account and will show on your next statement.

 

I hope this meets with your requirements.

 

So that do I do now. They have admitted that they can't send it.

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I think you know the answer to that dont you? ;)

 

Read this... (if you havent already!)

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/10900-loan-company-cannot-supply.html

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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the debt is now completely unenforceable. I have recently (posted on thread named above and general thread) had a large debt written off for this very reason. They stated that "because we do not have the original agreement it is now unenforceable and you no longer acknowledge this debt, we have closed our file on it", I also had a barclaycard one written off because they could only send the application form with my signature on it. This one was very old and they owed me more in charges than I owed them, but that would have been a long battle because it was so old. but by the DCA's own admission it was completely unenforceable due to the lack of agreement

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the debt is now completely unenforceable. I have recently (posted on thread named above and general thread) had a large debt written off for this very reason. They stated that "because we do not have the original agreement it is now unenforceable and you no longer acknowledge this debt, we have closed our file on it", I also had a barclaycard one written off because they could only send the application form with my signature on it. This one was very old and they owed me more in charges than I owed them, but that would have been a long battle because it was so old. but by the DCA's own admission it was completely unenforceable due to the lack of agreement

 

 

Thats a couple of very nice results ecobabe. Purely as a point of interest, did either of them issue a default notice against you before they admitted not having the agreements?

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Thats a couple of very nice results ecobabe. Purely as a point of interest, did either of them issue a default notice against you before they admitted not having the agreements?

 

Having read ecobabes thread i dont believe they did default her, but as we have read here before defaults have been issued rather late in the day on request of CCA,SAR,ect requests by some co's

AL:)

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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Having read ecobabes thread i dont believe they did default her, but as we have read here before defaults have been issued rather late in the day on request of CCA,S.A.R - (Subject Access Request),ect requests by some co's

AL:)

 

Thanks for that. If they have no agreement, they dont have your permission then to process your data from any point in the past.. correct?

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Thats correct and i also believe that the bank/cc'co once they pass your debt on have no right to keep processing either.

 

Ecobabe has posted a thread in the general forum have a read http://www.consumeractiongroup.co.uk/forum/general/56510-success-date.html

 

AL.

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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  • 2 months later...
How nice of them! Have you told TS? What do they think of it?

 

 

Not been able to get hold of the person dealing with it today.

 

His last words before he hung up was we will pass this to our legal department to enforce and we will send some one to your house to take to you about it.

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Good... my TS are (suposedly) looking at prosecuting a Halifax's partner in crime, Sainsbury's for just this sort of blatant disregard of the law.

 

As the HBOS/Halifax/Sainsbury's axis use the same buildings & staff etc, perhaps we should put our respective TS branches in touch with one another?

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Good... my TS are (suposedly) looking at prosecuting a Halifax's partner in crime, Sainsbury's for just this sort of blatant disregard of the law.

 

As the HBOS/Halifax/Sainsbury's axis use the same buildings & staff etc, perhaps we should put our respective TS branches in touch with one another?

 

Rosie, who at your TS did you contact?

 

The guy looking into mine said that he thinks the agreement could be unenforcable as it has no prescribed terms and that I should take legal action.

 

He should be investigating prosecution.....I have also referred it to the OFT who said they will keep the details in order to decide whether to renew their credit license - so, I think that everyone should inform the OFT when they don't comply with a cca request - if the OFT get loads of complaints the company can have their licenses completely revoked....

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

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Not been able to get hold of the person dealing with it today.

 

His last words before he hung up was we will pass this to our legal department to enforce and we will send some one to your house to take to you about it.

 

pford, I would personally be delighted with that offer (apart from the home visit in which case I would have buckets of manure of standby). However, let them take you to Court, they can't provide the agreement and you have that in writing. I'll bet they won't!

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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pford, I would personally be delighted with that offer (apart from the home visit in which case I would have buckets of manure of standby). However, let them take you to Court, they can't provide the agreement and you have that in writing. I'll bet they won't!

Ye but this is their dogs we don't give a **** about your complaint against the Halifax you now owe us

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Good... my TS are (suposedly) looking at prosecuting a Halifax's partner in crime, Sainsbury's for just this sort of blatant disregard of the law.

 

As the HBOS/Halifax/Sainsbury's axis use the same buildings & staff etc, perhaps we should put our respective TS branches in touch with one another?

 

 

my TS told me to take it to court myself as she would have a hard job of?

its 1 complaint so what against them

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Ye but this is their dogs we don't give a **** about your complaint against the Halifax you now owe us

 

It's irrelevant, to initiate proceedings, they would have to be able to provide the Judge with a true copy of the executed agreement. It appears they can't do this. Let them carry on, they are only shooting themselves in the foot. Get yourself a call minder or a whistle, don't take the calls, or if you do, blow the damned whistle down the phone and if they knock at your door, hand them a copy of the letter that says they can't provide the agreement.

 

You have to stand up to these idiots!!!!:D

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Hi UB. What sort of action did he recommend that you take?

 

Hi Rosie,

 

He didn't - he just said:

 

 

Hi un1boy,

 

After speaking with my colleague, I believe that the agreement could be unenforcable as it doesn't have the APR.

 

You will have to take legal action agasint them.

 

That is basically what he said- I'll post his exact reply when I get email access later.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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my TS told me to take it to court myself as she would have a hard job of?

its 1 complaint so what against them

 

 

I had the same - but, I am gonna write into a manager there and refer it to my MP to see if they can do anything about it.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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I called the OFT and they said that they can't investigate individual complaints, but they were very interested in me sending all the info regarding the agreement I have been sent which does not have any prescribed terms on it and is now unenforcable, along with my requests for default notices which I wasn't sent etc as they use that information when considering renewing credit license applications.

 

I now the OFT basically can't and don't do much individually, but if everyone that has not had their cca request satisfied, or that have been sent unenforcable agreements etc, forwarded it all on to the OFT then they may think twice before renewing and granting credit licenses.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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