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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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    • 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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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My son has a loan with Welscum and it has been managed through PayPlan. He sent a letter to WF in mid July claiming for mis-selling of PPI and has had two letters from them asking for more time. Last week he sent them a second letter giving them 14 days to respond or he would refer to FOS. He has spoken to PayPlan and wants to stop his DD until the situation is resolved, however PayPlan has stated that they can't put a hold on the payments unless there is a ruling from FOS. Is this correct? bearing in mind the possibility of WF going tits up if these payments are not stopped there a chance that this could go on and on if some mug does buy WF debts. Is ther a template letter to send PayPlan or could he just write to WF saying as they haven't responded to his complaint he is ceasing payments until this is resolved and copy PayPlan. Any advice would be appreciated.

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Hi

Does anyone know what I should do? My account is in dispute and welcome have put arrears on my credit files. I had a row on my doorstep with the accounts manager who kindly paid me a visit, and told her they were not allowed to do this as I had put the account into dispute in September. The arrears are still on my credit files - I have posted notes on the credit files, but can I do something as welcome shouldnt be doing this whilst the account is in dispute?

 

Any help appreciated.

 

Electrik

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My son has made a formal complaint to the FSO last week but received a response from Welscum on Friday as follows ' i have investigated the issues raised etc. Although we do not agree with your assertions (that the PPI was mis-sold) I have as a gesture of goodwill decided to refund the full PPI policy plus associated 8% statutory interest to you in full and final settlement...' It then goes into the amounts and states that if he accepts the offer to complete enclosed acceptance form. Now I maybe not well versed in the law but surely if they are willing to pay everything back including statutory interest isn't this admitting they they are wrong and therefore the agreement is non-enforceable. The amount plus what he has already paid virtually cancels out the debt so this isn't about the money so much as kissing their sorry ar##s goodby. Should he sign the acceptance form or let it run the course with FSO?

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Thanks PGH7447, we would love to do just that as the figures they have used just don't stack up. I don't have access to a scanner at the mo so i'll copy what they are. Original loan July 2008 £2000 PPI & Personal Accident + lifecover 24 £1340.94 total credit charge 3162.82 which is interest £3087.82 plus acceptance fee £75 Interest rate 60.1% Monthly payment for 36 months £180.66 In July 2009 he was told that the outstanding amount at start was £6503.76 less payments made £1351.82 charges and fees £76.03 Gross outstanding balance £5227.97 The letter received last week states they are offerring £989.77 refund which is £930.34 PPI plus interest of £199.97 and statutory interest @8% of £73.32 Deducted from this is £213.86 for 'partial insurance rebate' I just can't make any sense of their figures and would have thought that all insurances should be rebated not just what is stated as PPI. Although we wanted to play by the book and be reasonable I now feel I would like to get this loan deemed unenforceable cos frankly they are getting me really peed off. If we leave it with the FSO any thoughts of a likely outcome? Thanks to all for the advice

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ceebee, I'm also not happy with the figures I've received from Welcome. They told me I also had a rebate when I re-wrote the loan. I have no record of this, I don't even have a copy of the second agreement as at the time I thought I was just arranging to make lower payments, not taking out another loan!

 

My complaint is with the FOS. I received the offer from Welcome in August, but I've told the FOS I don't agree with the amounts. I got a letter in October saying I should have an adjudicator in December.

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All The Fos Claims Against Welcome Get Up Held

 

On Top Of This Two To Three Hundread Pounds Comp Ggets Paid Also

 

Welcome Are Well Aware On The Legality On These Rip Off Insurance

 

My Advice Would Be Sign Nothing Until You Have Posted Up Your Agreement Etc

 

How Old Is The Loan

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What is contractural interest please? To postggj the loan was taken out in July 2008. Having looked through a couple of web sites with interest calculators using Welscum figures and they are completely different, it seems to me that they add 60% per year at the start.

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