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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
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      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.

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"Misleading" debt firms shut down


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'Misleading' debt firms shut down

 

 

_44919446_a0b76f11-42bb-4c08-9b2a-ac539180d60c.jpg The MoJ said some firms falsely claimed to be able to write off debts

 

One hundred companies offering to write off debts or secure personal injury compensation have been shut down by the Ministry of Justice since April 2007. MoJ spokesman Kevin Rousell said they had been guilty of making misleading claims and using high-pressure sales tactics to get people to pay huge fees.

"People desperate for a way out of their financial troubles can be vulnerable," he said.

Consumers were warned to be wary of offers that seem too good to be true.

The BBC's Colette Hume said many claims management firms targeted people who owed large sums to credit card or loan companies.

And with the industry growing quickly it was becoming increasingly difficult to police, she added.

Cold calling

The MoJ said some of the firms shut down had been using misleading advertising, claiming credit card debt could be written off within six weeks or that 80% of credit agreements were unenforceable.

In other cases, companies ignored requests for information from the government's claims regulator or were run by people who had convictions for fraud.

 

o.gifstart_quote_rb.gif There has been a trend towards high-pressure cold calling from call centres end_quote_rb.gif

Kevin Rousell, Ministry of Justice

 

Rules state that firms must not cold-call potential customers in person and must allow a cooling off period of at least 14 days for anyone considering taking up an agreement.

But instead, some were found to be forcing already debt-ridden customers to pay large up-front fees only for the service to later fall through.

Mr Rousell said most claims management companies were operating within the rules.

"However, some companies choose to flout those rules and some also target consumers who find themselves in debt," he said.

"People desperate for a way out of their financial troubles can be vulnerable to the misleading marketing that the Ministry of Justice Claims Management Regulator is continuing to tackle.

"There has also been a trend towards high-pressure cold-calling from call centres, including making unsubstantiated claims and encouraging people into handing over fees there and then - a decision they regret later."

Mr Rousell said claims companies must give customers accurate information about the realistic chances of success and the costs involved in taking up their services.

They must also not pressurise anyone into making on-the-spot decisions or handing over money without properly considering the facts.

Edited by mr.ton
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Whilst the MOJ can now be seen to regularly send out warning shots and shut down claims firms from potentially misleading consumers it is a huge shame that the OFT don’t take the same proactive stance with lying cheating ****** DCA’s who tell far bigger porky pies to consumers, harass and falsely threaten them to extract whatever they can day in day out and especially with the ever increasing evidence they now recieve with constant complaints from consumers and even a Channel 4 TV program! :-x

 

T :)

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]Whilst the MOJ can now be seen to regularly send out warning shots and shut down claims firms from potentially misleading consumers it is a huge shame that the OFT don’t take the same proactive stance with lying cheating ****** DCA’s

 

No doubt a lot of [problematic] and fraudsters have jumped on this particular bandwagon and have quite rightly be stuffed.

 

What is a disgrace, is the reaction against a business that if it is operated correctly is perfectly legal, (but a threat to the finance industry) and the **** that work for that same industry.

 

It would seem they know which side their bread is buttered.

 

David

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Yes, it would be nice to see the OFT and Trading Standards take the same stance, but of course one of their priorities seems to be 'preserving jobs' in areas where the skillset is minimal - unfortunately an area where call centres exploit their employees....

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While it is clearly right to shut down firms that take money with false promises, it is equally clear there is a huge demand from consumers for a "straightforward solution" to getting out from under debts. While a lot of use use CAG, and fight our own battles, there are people that would be prepared to pay for that.

 

The problem is that even the most reputable and honest firm presently cannot guarantee anything.

 

What is needed is a change in the rules. Maybe something along the following:

 

Once a CCA is requested and it is NOT produced within, say, 60 or 90 days, then the alleged debt is BARRED as if statute barred. It cannot be enforced in court, the DCA cannot chase on it, cannot sell it to another DCA etc. It just "dies". I would also like to see rules to say that, if a debt is statute barred, then it could not be chased.

 

These measures would, at a swoop, end a lot of the harassment of which we all complain.

 

Maybe then we coudl see firms spring up woudl could, for a fee, assist debtors (sending out CCA, SARs, etc) and fighting the DCAs who send defective CCAs but still claim they are valid.

 

Needless to say, I am not holding my breath as the government does not seem to have any sense whatsoever of their duty to help debtors - even when chased by DCAs in the most appalling manner. DCAs shoudl not be allowed to persist in chasing unenforceable or statute barred debts. Full stop!

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Needless to say, I am not holding my breath as the government does not seem to have any sense whatsoever of their duty to help debtors - even when chased by DCAs in the most appalling manner.

 

Strange but true I'm afraid!

 

David

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I have heard stories of criminal gangs from Eastern Europe hacking into lenders credit depts and deleting credit records/wiping credit peoples credit files clean, even wiping out large chunks of credit data, if true, no wonder the banks are in a mess! Guess it would only be true if you saw onerous files disappear from your credit files,mind you they might even wipe off good credit data and leave you with nothing at all on your credit file lol!

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I have heard stories of criminal gangs from Eastern Europe hacking into lenders credit depts and deleting credit records/wiping credit peoples credit files clean, even wiping out large chunks of credit data, if true, no wonder the banks are in a mess! Guess it would only be true if you saw onerous files disappear from your credit files,mind you they might even wipe off good credit data and leave you with nothing at all on your credit file lol!

now that WOULD be worth paying for :grin:

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