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    • He is still trading.   I won't get anything out of it, no.  But is that the point?  Not charging it means the Govt misses out on important revenue 
    • for whatever reason, if you did not get the original PCN on the car/by hand nor in the post before things escalated you need to appeal using the correct forms, not a soft appeal to the issuing council Which forms to use for which offence pe2/3 & te7/9 - Local Authority Parking and Traffic Offences - Consumer Action Group  
    • as this situation has now come up again for you, how confident are you that if you get on the straight and narrow with having a respite of 60days (Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk)... would you then be able to resume ok? if not quite honestly, the very best thing you can do is to get ALL your debts defaulted by the issuance of and the registering of a Default Notice from each creditor. this is done by stopping ALL PAYMENTS, it wont hurt you short term, esp as all the debts are still with the Original Creditors. this of course will kill credit for 6yrs, but, will cause the debts to vanish from your file (paid or not, paying or not) on the DN's 6th B'day, but of course that wont mean the debts are not still owed, legally, just your file will be clear of them all. if you read a good 10-20 of the stories in this very same forum you found to start yours, you'll soon get the idea behind the advice given. as for things like IVA/BK etc NEVER EVER do those, that secures unsecured debt. just contact one of the free DMP providers and get breathing space implemented, that gives you a 60 day buffer to firm up your future actions. but DO NOT enter into a DMP, do one yourself. they can be a bit pushy, but simply insist you just want breathing space invoked, i would only be giving them enough info to achieve BS too, don't give them anything you don't need too, they are funded by the banks and debt collectors and can sometimes be over intrusive and nosy wanting info that is better not revealed. dx    
    • “Not realising it was a no parking zone” doesn’t help you if the timing is correct, as (at least, on Google Maps / View) there is clear signage ('7am to midnight', parked at 15:22) What might be worth pursuing is the "ticket handed to driver" aspect : do you have any view on why they would be  stating that?
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    • 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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M'n'M Vs Abbey


M'n'M
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We had the account privalidges revolked overdraft because of the dispute and us transferring business to another account and the overdraft was at £1100 pounds to which we have not paid a penny because the account was/is in dispute.

We have recieved letters from two DCA's now requesting payment in full and have stipulated to both that the account (to which the so called debt arrose from is in dispute) and that it is currently within the county court process and would be resloved as result of this process.

We have relayed this through telephone communication, scotcall have stipulated that may send a representative at which point i mentioned they would be unwelcome . I have looked in the debt collection threads but I am a bit unsure of what to do as the so called debt is far less than the claim and have put in writing to the bank that it would/could be deducted form the refund of charges.

Have we done right or wrong not quite sure?

 

I have just phone the countycourt to track the progress and all parties to attend on a date in august?

Two account claims.

US

Them

2 S.A.R - (Subject Access Request)'s sent 14/08/06 (recieved 15/08/06).

2 Microfiche (foboff) letters and 2 sets of statements (14 months worth) recieved 24/08/06.

2 Microfiche counter letters sent 29/08/06 (recieved 30/08/06).

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Guest louis wu

Have you recieved the proper notification from Abbey regarding the passing of this info to a DCA (have you been defaulted as well?)

 

This happened to me, but at an earlier stage, so the default removal has been added to my (second) claim against them.

 

If you have been defaulted, you may be able to amend your claim to include this, but I'm unsure if you have passed the deadline. Either way, I think Abbey have been naughty doing this to an account thats being disputed (although the banking board told me it was Abbey's right and weren't interested).

 

Louis

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How do find we find out if they have added a default against us, get an up to date credit reference I presume.

Does anyone know which one of the two main ref agencies abbey use?

and does August seem a long time to you?

Two account claims.

US

Them

2 S.A.R - (Subject Access Request)'s sent 14/08/06 (recieved 15/08/06).

2 Microfiche (foboff) letters and 2 sets of statements (14 months worth) recieved 24/08/06.

2 Microfiche counter letters sent 29/08/06 (recieved 30/08/06).

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Guest louis wu
How do find we find out if they have added a default against us, get an up to date credit reference I presume.

Does anyone know which one of the two main ref agencies abbey use?

and does August seem a long time to you?

 

 

Did they ever send you a 28 notice to issue default information? If not they shouldn't have defaulted you. Best to give them a ring, and ask what the current status of your account is. Let us know what they say.

 

As to August, it seems a long way off, but is not exceptionally so (in my limited experience that is).

 

Louis

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  • 1 month later...

Thanks for the advice.

We will contact the bank to discuss the status of the account.

Can anyone tells us what to do next as we are getting concerned, reading other threads we have had no direction from the court as to what to submit or suply just a date and time, we have filled in AQ's for both claims and they are both being done at the same time. we have all correspondance filed ready to duplicate and print off.

Also we have informed the bank since the the online claims that the ammount will increase due to the daily intrest how do we allow for that in court on the day because the ammount now is higher than the original ammount claimed for.

Any suggestions welcome.

Thanks M'n'M

Two account claims.

US

Them

2 S.A.R - (Subject Access Request)'s sent 14/08/06 (recieved 15/08/06).

2 Microfiche (foboff) letters and 2 sets of statements (14 months worth) recieved 24/08/06.

2 Microfiche counter letters sent 29/08/06 (recieved 30/08/06).

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Hi again.

We Have looked at the letters from the court with the date on them and it says

 

Upon the courts own motion. the court has made this order of its own initiative without a hearing. If you object to the Order, you must make an application to have it set aside, varied or stayed within 7 days of recieving it.

IT IS ORDERED THAT

1. directions will be given in the case by the designated Judge, His Honour *********** on the ********* at *************.

2. The parties May appear in person or make representation as to how the case should proceed provided a copy of the representations is sent to the court and the other side at least 7 days prior to the hearing.

 

We have not responded thinking that this was when the case was to be heard are we correct.

 

Please help

We don't want to get this far and mess up.

Two account claims.

US

Them

2 S.A.R - (Subject Access Request)'s sent 14/08/06 (recieved 15/08/06).

2 Microfiche (foboff) letters and 2 sets of statements (14 months worth) recieved 24/08/06.

2 Microfiche counter letters sent 29/08/06 (recieved 30/08/06).

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Sorry to bump this but we would be grateful for some advise on our post above.

Anything would be appreciated.

Thanks

Two account claims.

US

Them

2 S.A.R - (Subject Access Request)'s sent 14/08/06 (recieved 15/08/06).

2 Microfiche (foboff) letters and 2 sets of statements (14 months worth) recieved 24/08/06.

2 Microfiche counter letters sent 29/08/06 (recieved 30/08/06).

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Hi there

 

I am struggling to help you, as I have only just filed at court, but from what you posted it looks like a Directions Hearing.

 

Have you looked at this:

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

It may help.

 

Thats the best I can do I'm afraid, sorry, but if you get really stuck you could PM a Mod or Site Helper for advice.

 

Best regards

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

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  • 1 month later...

Thanks for that ohoh4312 it did help, until cardiff county court stayed all claims, is it likely that we will get the stay lifted if we apply to the court?

We don't really know on what reasoning they would grant such a request, and it was the directions hearing anyway.

Are we missing something or are we obliged to sit and wait.

Intresting that after the stay was issued we had a fresh DCA letter about the upaid overdraft, we are 100% on how do deal with that epecially if it goes to court (unlikely) fair is fair if they can have a stay so can we as the ammount is made in part of bank charges.

 

Any suggestions on our stay or is it sit and wait?

Thanks M'n'M

Two account claims.

US

Them

2 S.A.R - (Subject Access Request)'s sent 14/08/06 (recieved 15/08/06).

2 Microfiche (foboff) letters and 2 sets of statements (14 months worth) recieved 24/08/06.

2 Microfiche counter letters sent 29/08/06 (recieved 30/08/06).

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From what we can see about stays in the forum the posts are mostly from 2006 when the mercantile case was on, Is the OFT case different in terms of getting a stay lifted, the reasons on the template letter/s are very valid reasons for getting a stay lifted, should we be applying for a stay we know the extra cost will be ours with no gaurantee of the application being sucessful, we are a bit unsure on how and if to proceed.

Two account claims.

US

Them

2 S.A.R - (Subject Access Request)'s sent 14/08/06 (recieved 15/08/06).

2 Microfiche (foboff) letters and 2 sets of statements (14 months worth) recieved 24/08/06.

2 Microfiche counter letters sent 29/08/06 (recieved 30/08/06).

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