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    • Have you called the credit card company and tried to initiate a charge back?
    • Hi dx, thanks for your response.   they haven't touched my credit file actually and I have all receipts and a proof from the buyer (screenshot of bank statement). They asked to see a V5C and I told them that I don't have it, this is the bone of contention. They have now closed the account but still refuse to issue a check for my balance. 
    • After seemingly purchasing groceries online via tesco.com I arrived at the click and collect point to find the cost of the goods had increased by 15%.   Price offered at checkout £150, price charged on collection of goods £172.50.   Customer service decline to refund the difference and insist what was indicated at the time of purchase was a "guide price", I maintain had this been obvious I would have made a difference transactional decision.   References to the Consumer Protection from Unfair Trading Regulations Act 2008 seem to be unpursuasive.   Perhaps someone else has a similar experience or knows a more effective lever?
    • Hi all, Hope someone can assist me as I feel a bit out of my depth.   Sorry for a long post in advance, it's probably best to set the scene as full as possible. We purchased 2 flights to Canada and returning to the UK from San Diego, the flights were with American Airlines (operated by BA) but importantly, booked through a travel agent budgetAir.co.uk on 9th January 2020.   BudgetAir’s first failure was to inform us that part of the flight was cancelled but after we discovered this from the airline and drew it to their attention, there were no suitable alternatives available so they agreed to refund the cost on 20th August.   EU law says they have to refund me within 7 days of a cancellation but obviously with the pandemic and they having to get the money back from the airline it’s reasonable to wait longer. The problem here is they keep telling me to be patient but American Airlines keep telling me that nobody has asked for a refund yet. Just for clarification I keep asking American Airlines as other people in a group I belong to have been waiting since February/March with no refunds.   On 26th September I sent BudgetAir a “notice before action” giving them 7 days to either refund me or for us to agree a mutually agreeable future date for a refund. On 5th October I started a MCOL which was issued the following day on 6th October. On 26th October I requested a default judgement which was issued today 18th October.   Two things concern me: 1, BudgetAir are a part of Travix International B.V in Amsterdam, BudgetAir are not listed as a Limited company in the UK, BudgetAir.co.uk is a trading name of Travix International B.V they use in the United Kingdom. This is the only UK address they provide anywhere on their documentation, this also explains a little more of the company structure: https://www.budgetair.co.uk/about I’m concerned I have used the right company name on the MCOL but it’s the only name they trade with I the UK.   2, My second concern is the address, I believe the London address may be no more than a postal address and will not give high court bailiffs any ability to recover goods. With the above thoughts, I don’t know how to proceed now I have got a judgement, assuming they don’t pay. My only option could be a 'third-party debt order' but I don’t know how to get any bank details, I paid my credit card and have no information (nor can I find online) about their banks.   Any thoughts would be gratefully received, Many thanks Anthony.
    • usually down to money laundering rules. barclays are the usual favourite for this happening to people not heard of Satans bank doing it before. have they also trashed your credit file with a CIFAS marker?   do you have written proof of the sale of the car? and proof from the buyer that they made the BACS transfer?            
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      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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M&S, debt collection, going round in circles


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Hi all, letter received with the following from a debt collectors with the following paragraphs....

 

"The Ministry of Justice and the OFT have recently issued a consumer alert, warning people of the risks of being mislead over the enforceability of consumer credit agreements. We therefore strongly recommend you now seek legal advice if you intend to rely any further on the alleged breach of any of the acts that govern this account, pertaining to your liability to our client, as your current understanding is inaccurate. We confirm that a copy of this letter and previous correspondence will be made available to the courts and all governing bodies upon their request.

 

In the circumstances, we will not be entering into further protracted correspondence and request the you remit your proposals for settlement of this debt within 5 days from the date of this letter, together with a payment on account. Failure to do so will lead to further action being taken for recover of the above amount, as per our client's instructions."

 

Now I have written to M&S asking for the CCA via CPR 31.16 as I keep being threatened with legal action, even though the FOS have confirmed that they are now looking into this for me. M&S have only sent one side of an application form for a CCA agreement with no prescribed terms.

 

Any ideas of a good retort?

Thanks Reader

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Just a load of officious sounding bow larks, just carry on doing what you were doing.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Don't know if my reply will be of any help, but all I can say is that you should tread carefully with M&S and their debt collectors. Myself and a colleague have both fallen foul of them and they are very nasty. When other creditors were prepared to listen and help, M&S pushed us aside like we were nothing. Their attitude seemed to be 'because we can'. My colleague even had an agreement to pay X amount each month, which had been done through a financial organisation, and yet M&S still hounded her with letters and phone calls demanding she pay more. When they started calling her at work, the boss stepped in and told them that if they rang her at work again she would get the sack!!

 

Forget that nice, friendly outward face of M&S, behind the scenes they would kill their grandmothers rather than come to an agreement.

 

I suppose what I am trying to say here is please be careful with them and make sure that everything you have against them is watertight.

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Hi thanks for your replies, it is just one side of an application form they have sent with none of the prescribed terms within the four corners of the agreement, which I think seems to be pretty standard from what I have gathered.

 

Currently the FOS are looking into this and as I told them we are struggling with money at the moment, an adjudicator who specialises with hardship cases will be looking into this for me. M&S have continually hounded me regarding this even though they know the FOS are involved.

 

Even via CPR they have ignored my request.

 

Not sure how to proceed with this one..

 

Thanks Reader

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Definately sounds like M&S haven't changed since my dealings with them and still think they can stamp all over everyone like the school bully.

 

I'm sure there must be a letter on here somewhere that you can send them, even if it means adapting it a little. I suspect the harrassment one might be the best so that you can point out that you will only deal with them in writing via the people who are acting on your behalf (remember to include who they are, reference numbers and addresses so that M&S cannot say they don't know who you are talking about!)

 

It is at least a place to start, but I'm sure other caggers will have further advice and info that will help you.

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If the industry think this will change anything then they've got another thing comming.

It only takes someone to appeal the decision, have it overturned & then the cat will be back amongst the pigeons.

As far as im concerned..its business as usual ;)

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Mr Justice Flaux ruled: “Although the Consumer Credit Act may render the agreement unenforceable, the agreement remains a valid and subsisting contract and rights and obligations under it continue to exist”.

 

Mr Justice Flaux is still saying that the CCA renders it UNENFORCABLE.

This high court decision has simply created yet more problems for both sides & done very little to clarify the whole thing.:rolleyes:

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Mr Justice Flaux ruled: “Although the Consumer Credit Act may render the agreement unenforceable, the agreement remains a valid and subsisting contract and rights and obligations under it continue to exist”.

 

Mr Justice Flaux is still saying that the CCA renders it UNENFORCABLE.

This high court decision has simply created yet more problems for both sides & done very little to clarify the whole thing.:rolleyes:

It gets better

The case was referred to the Commercial Court with a view to define and clarify the meaning of enforcement in the context of the Consumer Credit Act.

 

Law firm Eversheds said the case succeeded in doing so and it will be "invaluable" to all lenders now dealing with challenges to the enforceability of agreements.

 

The court decided that bringing legal proceeding is only a step taken with a view to enforcement and not actually enforcement. Consequently, steps taken before proceedings start, including demanding payment and threatening legal action, cannot be enforcement.

 

The court also found that demanding payment, issuing a default notice, threatening legal action and bringing legal proceedings did not constitute enforcement either.

Chris Busby, partner at Eversheds, said: "The decision undermines the practice of panel solicitors at claims management companies selling their services based on identifying unenforceable credit agreements. CMCs should now be warning customers that running these arguments and ceasing repayment of loans will have an adverse impact on credit ratings."

 

Claims management firm Cartel Client Review, which was not involved in the RBS case, called on the Ministry of Justice to review how claims management companies are regulated.

 

Carl Wright, chief executive of Cartel, said: "I believe the MoJ should hold a joint consultation with leading financial claims management companies to agree a set of standards that can be implemented across the industry to protect and better inform consumers."

So they can threaten enforcement but cannot actually carry out enforcement:eek:

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So now what will happen is that the newspapers will report what has happened & make out that the consumer has been defeated & everyone now suddenly has to pay up :rolleyes:

Anyway..i believe a new "UK supreme court" has been set up recently - so it will be interesting to find out how they would rule :D

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