Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • Lorenz
      MCOL help not being paid for job

      By Lorenz · Posted

      No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Badtimes123
      LC Asset/Link/Kearns Claim Form #1 - Halifax CC

      By Badtimes123 · Posted

      Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • tedney
      HFC Marbles credit card SD - was dismissed as voluntary joint charge provided - now owed by Cabot - settled at home sale - was i overcharged?

      By tedney · Posted

      I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
    • FTMDave
      LC Asset/Link/Kearns Claim Form #1 - Halifax CC

      By FTMDave · Posted

      Open.
    • jk2054
      MCOL help not being paid for job

      By jk2054 · Posted

      did you submit your directions

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Bank has added Statute barred debt to credit file

Big_Bother!
 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5384 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

Big_Bother!

Big_Bother!

Posted
Posted

Hi All

Just when I thought that it was safe to go back into the water - I find that my bank has added a Default to my Credit File. Now the strange thing is that it is supposed to be for a loan taken out with them in 2002. I do not know anything about this loan. It has only appeared in the last month,

I have had no contact with them about this supposed debt- I did not bank with them in 2002 and the address that they linked the debt to I did live at but not in 2008! So can I sue them for deformation of character, libel and slander just for the hell of it?

Thanks all in advance.

Link to post
Share on other sites
debtdeception

debtdeception

Posted
Posted

First I would make a CCA request for an agreement and state clearly in the letter that you have no record of ever having have a loan with them. Find out if they have an agreement and whose name/signature is on it.

 

Either they will have no record of the agreement or it will have someone else's signature on it. Then you can threaten to sue them if they do not immediately remove the negative record.

Working to help set people free from debt.

Link to post
Share on other sites
Big_Bother!

Big_Bother!

Posted
  • Author
Posted

Hi Debtdeception

Yes I was thinking along those lines but I shall have to call into the bank tommorrow to get the right address. Thing is the loan seems to have been taken out with their offshore finance division! (for high rollers?) methinks a bit of ID theft?

Link to post
Share on other sites
spamheed

spamheed

Posted
Posted

I would also complain to the CRA and advise them that as the information they have posted on your file is incorrect You are seeking legal advice regarding a claim for defamation. as they are obliged to prove that their information is correct and not just blindly accept that the creditor is telling them the truth.

 

Given that they have just had their ar@es well and truly spanked in court, I would reckon you'd grab their attention

Link to post
Share on other sites
Big_Bother!

Big_Bother!

Posted
  • Author
Posted

I have just had a memory flashback! I just had a senior moment!

The loan was with Blackhorse, for a car. When I traded up, the loan was paid off. I cannot prove this as a lot has happened since 96/97. I think LLoyds got hold of it when they took over the prancing horse. Quite why their offshore division got hold of it I do not know. They have not been in touch with me over this at all at any address that I have lived at since then and I have banked with them (but not at that time) so they know where I Live - The credit file shows the default at an address I left two years ago.:confused: I feel a bemused letter coming on followed by a visit to my advisor at the disability centre that I use! Thanks for the advice one and all!

Link to post
Share on other sites
Bazooka Boo

Bazooka Boo

Posted
Posted (edited)

Deleted my misleading and confusing comments! BB tells BB how to use a computer!;)

Edited by Bazooka Boo

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites
Bazooka Boo

Bazooka Boo

Posted
Posted
I was of the opinion that any new default must replace the old one -ie at the exact same date,not a new one for when they took it over.....so if it was a statute barred debt to begin with,the default would not show up on any search as it would be more than 6 years ago

 

Yes LTWFT you are quite right, It would appear my elbows cut and pasted the wrong piece of info:-x

 

As you say once a debt is SB, the dates cannot be changed to suit the sale of the debt and then placed back on your CRF for another 6 years then sold again and re-entered on the CRF as an adverse entry, as once it becomes SB the time limit for placing the adverse info on your CRF has run it's course.

 

I'm going to have to fine tune my elbows, and do another college course:p

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites
JonCris

JonCris

Posted
Posted

I'm sorry but the last people I would take advice from on this issue is NDL cos they are wrong, check with the OFT a debt OVER 6 years old cannot & should not be registered with a CRA We are told by the CRA that all adverse data is removed after 6 years. If these **** could do as NDL suggest then there would be no end to it.

Link to post
Share on other sites
Bazooka Boo

Bazooka Boo

Posted
Posted (edited)
I'm sorry but the last people I would take advice from on this issue is NDL cos they are wrong, check with the OFT a debt OVER 6 years old cannot & should not be registered with a CRA We are told by the CRA that all adverse data is removed after 6 years. If these **** could do as NDL suggest then there would be no end to it.

 

Yes you are right, the confusion was my inability to correctly cut and paste the right part of the advice i had been given by NDL, so I am very sorry if this has led to any confusion on SB debts.

 

Once a debt becomes SB it then remains SB whatever then transpires, and as it is SB it has passed it's 6 year 'use by' date and therefore cannot be placed upon your CRF as an adverse entry, regardless of how many times DCA's want to play pass the hot potato with it:D

 

Sorry if i have caused confusion:(

Edited by Bazooka Boo
Night school for me, to learn to type!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites
JonCris

JonCris

Posted
Posted
Yes you are right, the confusion was my inability to correctly cut and paste the right part of the advice i had been given by NDL, so I am very sorry if this has led to any confusion on SB debts.

 

Once a debt becomes SB it hen remains SB whatever then transpires, and as it is SB it has passed it's 6 year 'use by' date and therefore cannot be placed upon your CRF as an adverse entry, regardless of how many times DCA's want to play pass the hot potato with it:D

 

Sorry if i have caused confusion:(

 

That's OK just go & sit on the naughty step ........... getting us all worked up......again

Link to post
Share on other sites
Bazooka Boo

Bazooka Boo

Posted
Posted
That's OK just go & sit on the naughty step ........... getting us all worked up......again

 

I would if I had one, but it's been collected:p

 

Boo;)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...