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


  • Tweets

  • Posts

    • SOD'EM
      Virgin Media playing Games.

      By SOD'EM · Posted

      Hi all.   I've just cancelled my Virgin Media because my Wife and I are going abroad for 12 months or so. My Son will be staying in our home, and wishes to start a contract with them. He signed up to a great deal for New Customers online, and a Contract Agreement was signed online. He had a delivery date for a Self Installation Kit but it never arrived. After speaking to numerous Virgin Media Staff online, they are insisting that he calls their Pre Installation Team (I presume that is their sales Team to try and get more money). He doesn't want to speak to them over the phone. He doesn't mind doing a Live Chat, but he hasn't got an Account Number yet, so that's impossible. He even had a chat with a Team Member on Whatsapp, who say they don't have access to the information they need, so he has no option to call them. Why can't they just be straightforward with their Communications. Is there any other option other than calling them?   TIA.
    • steam_hammer
      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

      Hi All, I'm looking for help with a P2G claim for another lost parcel. Given the wealth of information on this site, I'm hopeful that this should be an easy one to fix, but want to be sure I have everything. On the 6th March, I contracted with P2G to send a parcel (a £600 Pioneer AVH-Z7200DAB car stereo which is not on either P2G or EVRi's excluded from compensation or prohibited items list) using EVRi, sent it off, and that was the last I heard of it. The EVRi tracking showed that the parcel had made it to the national sorting hub at 2:12 on the 7th, and then vanished. By Friday, I had started to get nervous, and so, raised an enquiry. And then another, and another - well, they weren't responding, and I couldn't get their telephone one to work, I think in all, it was more than 15 enquiries. I also raised an investigation with P2G as well. EVRi closed the enquiry confirming a loss on the 19th March, and P2G near the end, although P2G closed it claiming that I needed to send photos of the parcel as proof - which I didn't have, and I also do not have an account with P2G so couldn't upload anything (I did test, just in case), and this is why despite receiving advice on the EVRi Fb group to send the letter before claim, I haven't yet acted. I have proof of the eBay listing, and the refund, to demonstrate that which was being sent, but P2G's insistence that I have no photographic proof of the parcel with the label - I have the photo of the goods in their box before sending, but this is for the eBay listing, and so does not show it after the fact. This I fear is what P2G will seek to rely on as a defence, hence my 10 week delay on progressing with this. But, I am more than £600 out of pocket for the loss: £600 for the item and £8.04 for the delivery fee, although my claim will actually be for an initial £611.09 to cover the cost of the loss, their delivery fee, and my 1st Class Recorded stamp for the Letter Before Claim to P2G, rising to £681.09 to cover the additional £70 cost of opening the court case if they fail to respond within 14 days. This question mark surrounding P2G's request for photographic evidence, is this likely to cause me a problem? Steve
    • pralink
      PRA Group Claimform - old Barclaycard

      By pralink · Posted

      Had a letter response today dated 12/6/24 from PRA Group re request for information consumer credit act 1974. Confirming they are in receipt of my CCA letter request - and that they are requesting the required information. They returned the £1 postal order. And my CCA letter. Stating that they will contact me with an update ASAP. They attached/included a standard ( non personal ) page about ' what they should provide ' and ' what happens If I don't get this information'.    I need to file my defence by 21 June 24. Any suggestions as to what that defence should be ?   
    • aries18pk
      Need help with huge amount of unsecured debt

      By aries18pk · Posted

      Thanks @dx100uk for responding promptly.    To be quite honest with you, applying for breathing space might not really help except some short term relief. I don’t want to default either as I might lose my job too and I cannot really afford it. Sorry for sounding bit stupid but is there something I can do to stop them charging interest and agree on reduced payments? Can I use pro-rata payment letters to get out of this situation without too much impact? I am working on information that @BankFodderhas requested and will be sharing it later today.  
    • dx100uk
      US elections November 2024 [amended 18/04/24 - HB]

      By dx100uk · Posted

      wrong!!  

  • 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
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.
Latest activity

Court lets woman off £8,000 loan

mr.ton

By mr.ton
in Debt Collection Agencies

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5361 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

Mr Worried

Mr Worried

Posted
Posted
All this case means at the moment is this particular debt cannot be enforced through the courts. The debt can still be collected (possibly minus the PPI premiums) - she has not 'got away' with it. I hope they do collect on it, this woman is not a child and should not have been treated as such by this judge.

 

 

HEY SANDCAT...YOU NEED TO SIT IN THE CORNER AND HAVE A WORD WITH YOURSELF!!!!!!!

 

Mr W

Regards..Mr Worried :)

Link to post
Share on other sites
  • Replies 66
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

dcakiller

dcakiller

Posted
Posted (edited)

So sandcat what are you a dca theat monkey or a MBNA/dca share holder watching your shares go down the pan as consumers become more aware of the law and fight back. Only 2 posts since april 2008 time to bar you as a troll I think

Edited by dcakiller
typo
Link to post
Share on other sites
Mr Worried

Mr Worried

Posted
Posted
So sandcat what are you a dca theat monkey or a MBNA/dca share holder watching your shares go down the pan as consumers become more aware of the law and fight back. Only 2 posts since april 2008 time to bar you as a troll I think

 

Yes that is a good idea..ban Sandcat unless they wish to offer a defence against negative responses, c'mon Sandcat..nows your chance.

 

Mr W

Regards..Mr Worried :)

Link to post
Share on other sites
mr.ton

mr.ton

Posted
  • Author
Posted
All this case means at the moment is this particular debt cannot be enforced through the courts. The debt can still be collected (possibly minus the PPI premiums) - she has not 'got away' with it. I hope they do collect on it, this woman is not a child and should not have been treated as such by this judge.

 

How are they gonna collect on it if its been ruled as unenforcable by a court exactly?

Not suggesting anything illegal now are we? :rolleyes:

Link to post
Share on other sites
caledfwlch

caledfwlch

Posted
Posted
All this case means at the moment is this particular debt cannot be enforced through the courts. The debt can still be collected (possibly minus the PPI premiums) - she has not 'got away' with it. I hope they do collect on it, this woman is not a child and should not have been treated as such by this judge.

 

The thing is in the eyes of the law, people like this woman, myself and many other Caggers are "children" by way of we are normal consumers, and not highly educated to degree standard practicing lawyers, solicitors or legal types, we expect the creditors to be honest, fair and to adhere to all regulations and laws, we are not qualified to ensure that ;)

 

If MBNA suddenly pull out a signed properly executed agreement then they may be able to go back to court, but lets be honest, the court would be asking some quite serious questions, like why didnt you have it before, and the woman should certainly be encouraged to hire a handwriting expert to examine the signature ;)

 

This is the same as many other victories on CAG, its simply that MBNA were stupid, and half witted enough to go to court without an agreement - most DCA's etc know when the game is up, MBNA didnt.

[sIGPIC][/sIGPIC]

Link to post
Share on other sites
sandcat

sandcat

Posted
Posted
So sandcat what are you a dca theat monkey or a MBNA/dca share holder watching your shares go down the pan as consumers become more aware of the law and fight back. Only 2 posts since april 2008 time to bar you as a troll I think

 

dca killer, I am neither. However I think it is naive and pig-headed to ban someone just because they have a different opinion than yourself.

I defend what I say as I think people should look a little more at the bigger picture. If every person had their credit card/loan agreements written off because of PPI etc, I would say it could spell the end for some, if not all of the banks in this country. And look what happened last time that happened - we are still in a recession and people are still losing their jobs left, right and centre. I agree that people should claim back in genuine cases of credit card application fraud, fee overcharging and PPI misselling, I'm sure there are plenty out there. But trying to get a whole debt written off on a technicality - it's just wrong and people should be ashamed of themselves. Sorry if that's old fashioned but that's my opinion. To quote the judge on the Rankine vs. Amex case, the CCA is 'not designed to help individuals make money out of financial institutions through exploiting its undoubted technicalities'.

Link to post
Share on other sites
the_shadow

the_shadow

Posted
Posted
dca killer, I am neither. However I think it is naive and pig-headed to ban someone just because they have a different opinion than yourself.

I defend what I say as I think people should look a little more at the bigger picture. If every person had their credit card/loan agreements written off because of PPI etc, I would say it could spell the end for some, if not all of the banks in this country. And look what happened last time that happened - we are still in a recession and people are still losing their jobs left, right and centre. I agree that people should claim back in genuine cases of credit card application fraud, fee overcharging and PPI misselling, I'm sure there are plenty out there. But trying to get a whole debt written off on a technicality - it's just wrong and people should be ashamed of themselves. Sorry if that's old fashioned but that's my opinion. To quote the judge on the Rankine vs. Amex case, the CCA is 'not designed to help individuals make money out of financial institutions through exploiting its undoubted technicalities'.

 

I would say the very fact you quote the Rankines case gives you away as someone who works in connection with this industry, sorry but just MY opinion :-)

 

S.

Link to post
Share on other sites
F_DCAs

F_DCAs

Posted
Posted (edited)

You're quoting that tripe old Rankine case, Sandcat?

 

That was picked apart almost as soon as it happened, and it means nothing - obviously it wasn't taken into account in the case under discussion. Definitely a troll, here.

 

What do you take us for, Sandcat?

Edited by F_DCAs
Spelling
Link to post
Share on other sites
sandcat

sandcat

Posted
Posted

Honest to God I do not work in the industry! I am a trainee solicitor and when I qualify I will not be specialising in Consumer Credit! Why is it so hard to believe that that is my opinion? I have been reading some of these forums on and off for a while and really felt strongly about this one. I think I give up now, not than any of you guys will complain! :)

Link to post
Share on other sites
mr.ton

mr.ton

Posted
  • Author
Posted

I for one appreciate your viewpoint Sandcat...id just like to hear more about it, especially regarding the bit about...if an agreement has been ruled as unenforcable, then how is it meant to be collected upon exactly?

The only other way i can see is by illegal methods :confused:

Link to post
Share on other sites
mr.ton

mr.ton

Posted
  • Author
Posted
They can also register a default on her credit file.

 

...and then the authorities make them remove it ;)

The CRA's are best buddies with the industry, so no doubt they will be only too willing to oblige.

Think you'll find credit files are not worth the paper they are printed on anymore anyway - that myth was shattered a long time ago on here.

Link to post
Share on other sites
sandcat

sandcat

Posted
Posted
So, if you're a trainee solicitor who ISN'T specialising in Consumer Credit, what are you doing looking here, Sandcat?

 

We have covered consumer credit in some respects and that is why I first looked at the site. And hey, shoot me, I got hooked and so pop by from time to time! That's it now, sorry, I'm not getting into long discussions - but I appreciate why you're cynical.

Link to post
Share on other sites
F_DCAs

F_DCAs

Posted
Posted

So, in other words, it's unenforceable and irrecoverable, then?

 

Unless the woman pays it back out of charity, but I somehow can't see that happening when it's been dragged through court, can you?

 

I would also think that MBNA would want to keep all this as quiet as possible. What's to stop her from heaping more misery and embarrassment on them by running to the press if they so much as send her one letter or make one phone call to her?

 

And you're quite right - I don't believe you.

Link to post
Share on other sites
andydd

andydd

Posted
Posted

I think Sandcat shouldnt be banned, its ok to have a diff opinion on here. i too have be called a troll.

 

However I wish the failure to produce a valid CCA wouldnt be called a technicality, its the main point of the CCA 1974, without a signed agreement there is no proof so surely its the most important part.

 

As for unenforceable equals uncollectable, I guess it doesn't after all the otiginal creditor and/or DCA is free to write to the person asking for payment but that is all.

Link to post
Share on other sites
mr.ton

mr.ton

Posted
  • Author
Posted

Yes Andydd you are correct there..but the original creditor or DCA must stop all contact if specifically ordered to by the person in question.

If they dont, then thats harrassment & we all know there are laws in place to protect against all that ;)

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...