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    • I have been in the motor trade for 35 years and have used hundreds of companies for a variety of repairs, only once have i had a major problem which i sorted out in County Court and won. I had a Vauxhall Insignia with an engine fault and advertised on 1st Choice car repairs site for a repair.  Jack, actually his alias Lee contacted us with a quote which we accepted. We transported the car to Unit 4/18 Burnt Mills Road North Benfleet SS129JX expecting its return within the promised 28 days. I have had every excuse you could possibly imagine, in the last 2 YEARS!! as to why the car is not repaired. Ecu faults, Ignition faults, Gearbox faults, Exhaust faults, Wiring chaffing faults, Communication faults, Cancer treatment delaying the repair, medical treatment in Turkey delaying the repair, Covid delaying the repair!! The man is a pathological liar and a fraud. He is now refusing to tell me where the car is and refusing me access to collect it. He is under investigation by trading standards dept Jasper Singh officer in the case but he just keeps getting away with it. Police say its a civil debt and not a criminal offence. 1st choice do not want to know, they refuse to do anything other than request the car be repaired directly by UK169 which is of course ignored I found recently all the posts on this site about Jack and his tactics but it was too late. To date i am £6200 out of pocket to this man and it appears the law is powerless to deal with dishonest rogues.
    • The missing parcel is Evri uk , it was going from Shropshire to Cornwall and has gone missing.   but it got me wondering as i also sent a parcel abroad the same day if that had gone missing where would i stand ...    
    • Another farce kicking everything into the long grass - as usual for these corporate and political criminals Post Office scandal: Police to deploy 80 detectives for criminal inquiry. Investigation will dig into potential perjury offences and perverting the course of justice by senior leaders and Fujitsu   Police have asked government for a special grant of at least £6.75m to fund the operation. Police will not seek charging decisions, that is send files of evidence to the Crown Prosecution Service, until after the public inquiry into the Post Office scandal concludes, which is expected in autumn 2025.   It is expected the CPS will not reach charging decisions until 2026, and the wait for any criminal trials could be even longer.     Post Office scandal: Police to deploy 80 detectives for criminal inquiry | Post Office Horizon scandal | The Guardian WWW.THEGUARDIAN.COM Exclusive: Investigation will dig into potential perjury offences and perverting the course of justice by senior leaders and Fujitsu    
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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.

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Capquest please help!!!! Stat Demand **SET ASIDE**


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Thanks Citezen b.

 

This all quite exciting actually. I have really got the bit between my teeth. I am sick and tired of being pushed around.

 

 

:D :D Now, that I like to hear:D

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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This is my original POC form my claim.

 

The Claimant has an account ####### with

the Defendant, opened in 1999. Since

21/08/2002 the Defendant debited charges and

interest in respect of purported breaches of

contract.Defendant is aware of all details

as a list of charges has already been

supplied. Claimant contends: The charges

exceed the Defendant's losses caused by the

breaches; The Term permitting the Defendant

to levy such charges is unenforceable under

the Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law. Claimant claims:

return of the amounts debited of £3968;

Interest per S.69 County Courts Act 1984 of

8% - £951.54 continuing at 8% until judgment

or settlement at a daily rate of £0.87;

Alternatively, if the charges are a fee for

a service, then they must be reasonable

under S.15 of the Supply of Goods and

Services Act 1982. Costs allowed by the court.

I am guessing this will need to be amended? I am a bit confused as to how to proceed.

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Yes, I think you may need to amend these. Not sure right this minute how you would go about that as I think the changes are being worked on at the moment.

 

As soon as I get an answer, I will be back.

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Keep going with the set aside....as has been said it is in clear dispute, and this is a highly vexatious and unlawful approach. And has been said your POC's will need amending for the bank charges case...however the fact they issued the demand before any outcome makes no difference....

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Uploading documents to CAG ** Instructions **

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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What this thread also demonstrates is a complete lack of communication between original creditor/bank and the DCA as to the status of debts. It is just sloppy, unprofessional, and a complete mickey mouse way of dealing in business...

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Sorry to be a pain again but, I have filled out form 6.4 and on 6.5 I have put "please see attached" I have pasted 42man's defence on to a seperate sheet and headed with my name vs Capquest Debt Recovery. Is this ok ? The was some mention of a court reference number, would that be the one from the stat demand?

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Right I think I now have all the paperwork in order for the my "set aside"l. How particular are the courts about the paperwork? When I go to get it sworn in will they tell me if it isn't up to scratch.

 

I am of to the court Tuesday Morning.

 

Do i need to list their demand a a supporting document and number it?

 

am sorry to be pain.

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You need to take the original demand with you....and all the supporting paperwork that you have referred to in the demand (and yes I would number the paperwork and links to them in your affadavit...) take in all your paperwork and the courts will swear in in for you.....

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What this thread also demonstrates is a complete lack of communication between original creditor/bank and the DCA as to the status of debts. It is just sloppy, unprofessional, and a complete mickey mouse way of dealing in business...

 

Bet they dont ask you to write their press releases for them:D

 

great, I hope I have understood and done it correctly.

 

I am just about to contact the OFT.

 

I will of course keep you posted.

 

Thank you for your continuing help.

 

Whitehart, I am sure you have done everything correctly.:)

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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:D The waiting is the hard part.

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 months later...

Hello again,

 

I am hoping for some more of your great advice. I have read and re-read my affidavit and will keep reading until I completely understand it fully.

 

My question is more to do with the actuall court hearing.

 

I was wondering how I go about filing my claim for expenses and the possible compensation.

 

Also what will be expected of me on the day, how much I will need to talk and about what exactly. Will just be asked about what happened or will I have to be able comment confidently on the legal points put forward in my affidavit.

 

All help will be greatly appreciated, my date has come around quickly (03/03) and I am starting to worry about it just a little.

 

Cheers Guys.

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You should take your expenses sheet along with you to the hearing.

 

I am not quite sure what you can claim in respect of a setaside hearing. I imagine if you are taking time off work then you could claim for that. Travel expenses I should think. I am not sure about the compensation. I will try and find out for you.

 

Have a look at this thread, it will give you some idea of what to expect on the day.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

HTH

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You should take your expenses sheet along with you to the hearing.

I am not quite sure what you can claim in respect of a setaside hearing. I imagine if you are taking time off work then you could claim for that. Travel expenses I should think. I am not sure about the compensation. I will try and find out for you.

 

Have a look at this thread, it will give you some idea of what to expect on the day.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

HTH

 

Advice I have given above, may not be correct. I would suggest you check out other set aside threads and see if they have claimed expenses as it would appear you may not be able to in this instance.

 

sorry :(

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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