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    • Hi, Thanks a lot for your valuable advice and apologies for bit delay in providing some additional information as requested before. I was also looking at other threads to get some more knowledge so apologies if my questions have already been answered in some other threads and I have missed them. I would appreciate if you can guide to relevant thread to help navigate easily. If I opt to go down the route of availing BS option, I'd find it more convenient if I do it in parts i.e., applying with 2/3 creditors at a time. Is that even possible in my case? I understand that DN might be the best option for me but I am trying to avoid this route as much as I can. I am currently living in a rented property with wife and 3 kids and I am not how this is going to play out in future if we decide to move to some other area. How will DN impact my intention of getting house on mortgage (dream as of today) after 6 years? If I go for DN strainght away, do I have to do it for all debts? for example, can i leave one active credit card out of this DN? what can i do if I go for DN right now but my financial situation improves in 1-2 years due to better job or promotion etc.?  Here are the details of my debts. Let me know please if you have any questions. Regards, MM Overdraft Halifax - £2,500 Starling - £500 (I can settle this immediately to keep this account active as back-up for salary and other priority expenses like rent, council tax etc.)   Personal Loans - Outstanding Amounts - No defaults or missed payments Plata - approx. £27,000 BetterBorrow - £3,450 Zopa - £14,000 Reevo - £2,800 Updraft - £2,230   Credit Card - Balances - No defaults or missed payments except those noted Virgin - £6,100 (This card is suspended.) Halifax - £5,474 (This card is suspended.) Barclays - £5,400 (I am currently on a fixed monthly payment plan of £232 for almost a year now and missed last month's payment.) Aqua - £3,100 Fluid - £2,100  
    • A French election is driving down the value of French listed companies, analysts sayView the full article
    • They cannot send any claim forms, they are issued by Northants bulk.  Usual rubbish, and legally cannot be served by email unless you've specifically given Northants bulk permission to do.    Usual claptrap from TM.. See
    • OK but it's always best to scan up these letters you mention so We can decide proper actions/responce/use please scan them all to one mass pdf in date order.  Read upload use the online sites listed Dx
    • Instead of ridiculing them you could point out the embarrassment they will have in the papers if they persist in being in Court with a little old lady. it also won't look good for their landowners since negative comments afffect them too.
  • 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
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Have a read through this, but IMO if the rest of the documents are as illegible as that then I would still dispute this, do they say whether it is a copy off the actual document itself, or a copy of a microfiche?

http://www.consumeractiongroup.co.uk/forum/showthread.php?162851-Consumer-Credit-Agreements-a-guide-to-enforceability

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!

 

 

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I can see personal details on some docs you need to remove them asap.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Illegible IMO. Demand they send you legible copies, as without those, how are you supposed to know if you were disadvantaged by any of their T&C's at all?

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!

 

 

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  • 1 month later...

Well, of course they are going to try to hide behind Section 78, but they are not answering the question. I have to rush out now, but you can make a request under CPUTR 2008. There is a fabulous letter on one of the threads I am on and I'll find it for you later. tinky posted it up in the last four or five days if you want to search for it in the meantime. Basically they are obliged to tell you if they have, or have ever had, a properly executed agreement which you have signed.

 

DD

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Hi DD, I'm afraid they did send me a copy of the signed agreement and a lot of other stuff but I wrote to them about the copies of the T &cs they sent me. They could hardly be read they were so small and faded so I told them I could be disadvantaged because of this and they sent this reply. Not sure where to go with this now. I offered to pay them 25ponds per month before but they asked for 48 pm and I stopped paying while this query was going on. Should I offer the 25 again because I cannot afford more than that.

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Hi HH,

Just send them what you can reasonably afford if you want to pay,

take all priority payments into account plus a sufficient amount for contingencies.

If you do this they have little or no chance of getting more awarded by a court.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi Daniella, I took the agreement and everything else off cos I keep leaving my name on things! A couple of people have seen it though and say it looked lawful so I not sure what to do now. I disputed it because the T&Cs they sent were pretty much unreadable but as you can see from their last letter to me, they don't agree. Do you think I should make my offer again?

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Amazingly, one of the cards I am not dealing with is NatWest so I'm not too familiar with their agreements. However, like every other company they must have the prescribed terms within the four walls of the agreement and not on a separate piece of paper or leaflet. Did they have the prescribed terms in the document you signed?

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Hi, just had a look at my NW agreement pretty standard and all is in place, signatures dates and T's & C's

this is 4moths old.

Leaflet containing T's &C's sent with card as well.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Sorry for the delay, hippy. I must have missed the alert.

 

Well, I can't see any prescribed terms on it, can you? I can't read it properly but I think all I think you are agreeing to by signing is the data protection stuff. Personally I would send them another letter saying that you wish to make it completely clear that the document you are asking for is the one with your signature agreeing to the prescribed terms and quote them, then quote the 'four corners.... Tuckey' bit, and then ask the CPUTR question about whether they have or have ever had the document you are requesting.

 

That is what I have done with several and so far I have had no responses whatsoever.

 

DD

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