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    • as this situation has now come up again for you, how confident are you that if you get on the straight and narrow with having a respite of 60days (Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk)... would you then be able to resume ok? if not quite honestly, the very best thing you can do is to get ALL your debts defaulted by the issuance of and the registering of a Default Notice from each creditor. this is done by stopping ALL PAYMENTS, it wont hurt you short term, esp as all the debts are still with the Original Creditors. this of course will kill credit for 6yrs, but, will cause the debts to vanish from your file (paid or not, paying or not) on the DN's 6th B'day, but of course that wont mean the debts are not still owed, legally, just your file will be clear of them all. if you read a good 10-20 of the stories in this very same forum you found to start yours, you'll soon get the idea behind the advice given. as for things like IVA/BK etc NEVER EVER do those, that secures unsecured debt. just contact one of the free DMP providers and get breathing space implemented, that gives you a 60 day buffer to firm up your future actions. but DO NOT enter into a DMP, do one yourself. they can be a bit pushy, but simply insist you just want breathing space invoked, i would only be giving them enough info to achieve BS too, don't give them anything you don't need too, they are funded by the banks and debt collectors and can sometimes be over intrusive and nosy wanting info that is better not revealed. dx    
    • “Not realising it was a no parking zone” doesn’t help you if the timing is correct, as (at least, on Google Maps / View) there is clear signage ('7am to midnight', parked at 15:22) What might be worth pursuing is the "ticket handed to driver" aspect : do you have any view on why they would be  stating that?
    • it's 85k of turnover (well, now £90k). However, you're digging yourself into another hole here. That ship has probably long since sailed. Is it worth pursuing this? You're not going to get anything back from it either way.
    • Hi,   A few pointers from yesterday to take note of evris cpr 27.9 failed again so we should really make issue of this also their WX fail to comply with CPR so again we should take issue with their statement of truth  you cant get tort if you get damages under subsection 7 of CRA because its double recovery  - not sure what we think of this? however its the first time i saw the judges make reference to your non automatic rights from s49 which s54 and 57 assist with. We should start stating this specifically for claims as I think its much better than just 49 and 57 as we need to make it clear where our non automatic rights come from as 54 automatic frankly dont help  I have sent the claim form and defences to the admin email because I can’t upload them for some reason as it wont let me but thought this may help as its the first time we’ve taken tort to trial. although i think the DDJ was honestly struggling to understand some parts of the law because he was asking me about them and how he should interpret them, especially for the automatic. Will apply for transcript if you want it?
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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
      • 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
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Andrew66 v Alliance + Leicester


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Haven't been able to get on for a frustrating few days owing to a phone line problem, however sorted now. Sent DPA letter to A+L on the 28th July, will keep you updated with developments. Can't wait to hit the 'donate' button, cos that will mean I have won!

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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Yes, would like it in the A+L forum! Thanks for putting me right!

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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Haven't heard anything yet, I guess this is normal?

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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  • 3 weeks later...

Well, a thumping package landed on the doormat today, and it was all the statements for the last 6 years. Going to get to work on them over the weekend. At first glance it's at least £2000.

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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Well I sat down today and added everything up, and it came to a staggering £4,990.50! Guess I'll be spending the next few days filling in the spreadsheet!

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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Make sure your figures are accurate with them being so close to the £5,000 limit for a small claim.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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If it goes over £5,000 I have to go through a different claim route?

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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Good point! I was just thinking if it gets to the stage where I add on interest it'll certainly go over 5 grand!

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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If you are just talking about the 8% interest you can add on at the court stage, it will be alright if that takes it over £5,000, but otherwise you might be liable for the banks costs in the extremely unlikely event that the court found in the banks favour. Keep reading so you understand exactly what you are taking on.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Evening all, haven't been on for a while cos my wife is expecting our first baby any day now! Anyway I have finally done the spreadsheet and the charges total £5435. I have included all DD nd SO charges plus failed cheque charges and unauthorised overdraft charges. Would it be worth my while, as its over £5000, to take some of the later charges off and do a separate claim for them, say the last 20 charges? Help!

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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You could do that to ensure keeping within the £5,000 limit for small claims and avoid any chance of incurring costs. The banks are not going to court for claims over £5,000 either though, so although there is a miniscule chance of having to pay costs if you lose, it would only be if the bank actually went to court, and A&L have publicly stated that they will not do that. You would also have to file your claim on an N1 form at the court office as MCOL only deals with small claims.

 

There is a risk involved, and only you can decide if it is small enough to disregard.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I decided to take the last few off, so the total is now £4,979. All typed up and in an envelope ready to send tomorrow! Once again I'll keep everyone posted with my progress.

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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Yeah, it sure will! Thanks for your support.

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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That is a huge amount of money - and they honestly thought they could get away with it. These banks must have had some bloomin good parties. Keep going Andrew66 - you're on a good, tried and tested track and we'll all support you along the way and will celebrate (with lots of little quiet smiles at the computer screens) when we see you get your settlement!

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Finally got the letter sent off today, because my wife had a baby girl on Tuesday afternoon! Thank-you all for your support. I know I've said it before but this is a great site.

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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Congratulations to you and your wife on the new arrival. No doubt she will get spoilt rotten with your windfall when you get it.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Guest Tracey284

Interested with your correspondence with A & L. I have been reluctant to contact them as I was advised that A & L don't like to be questioned and will just close your account. Anyone else heard this?

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A&L have stated publicly that they will pay everyone who makes a court claim, but will not go to court, and that they will close claimants accounts. They tend to do this about a month after paying up.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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