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


  • Tweets

  • Posts

    • lookinforinfo
      MET CCTV PCN - Starbucks Closed - Southgate Park, Stansted Airport (346)

      By lookinforinfo · Posted

      If that was the reason then that is good news. The whole reason that being able to charge £100 for breaching private car park rules is because the law Lords decided in a celebrated case that the rogues had a legitimate interest in keeping their car park spaces available for all motorists . {parking Eye v Beavis]. However when the business is closed then there is no legitimate interest in keeping spaces free so to charge £100 is a penalty. As such any Court would automatically throw out the case  when he penalty charge is accepted.
    • dx100uk
      Email from Ansys

      By dx100uk · Posted

      gives them a feeling of grandeur. dx  
    • dx100uk
      FAB/IDRWW chasing Credit Card debt

      By dx100uk · Posted

      yep they can be a bit like the TV licencing lot. for 4yrs ive been getting a series of about 8-10 diff letters that just go round a loop. currently upto 61
    • dx100uk
      Debt has spiraled out of control

      By dx100uk · Posted

      thread tidied. new thread for the court claim is here  
    • dx100uk
      Lowell/Overdales Claimform - old HSBC Credit Card Debt

      By dx100uk · Posted

      new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  

  • Recommended Topics

  • 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

  • Recommended Topics

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.

CL finance Altered Application into Agreement

m4ckk

By m4ckk
in Financial Legal Issues

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5172 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

  • Replies 67
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Aristoc

Aristoc

Posted
Posted

I don't think they need to specify a credit limit. They've indicated that they will determine the credit limit and how they will let you know, and I think that suffices as per the regulations for running account credit.

Link to post
Share on other sites
vjohn82

vjohn82

Posted
Posted
I don't think they need to specify a credit limit. They've indicated that they will determine the credit limit and how they will let you know, and I think that suffices as per the regulations for running account credit.

 

It does...

 

Ok... we need to know the following to make this all as concise as poss...

 

You need to post the following documents:

 

1) The Claim Form or Claim details

 

2) The default notice

 

Then we can look at a defence.

 

I don't think the "under the influence" part will go down well with the judge simply because you would have to not only prove you were drunk at the time but also the times you used the credit card to run up the debt.

Link to post
Share on other sites
DonkeyB

DonkeyB

Posted
Posted

Did that copy of the default notice come from Cohen? Looks like it did by the MBNA header and date.

 

Do you have a copy of any DN that was sent to you originally by MBNA? This could be important, especially if there are any differences between the two.

 

Also, do you have proof of posting of your CCA requests to Cohens? They state they have had no contact from you.

 

It's important to pick apart their witness statement where possible.

Link to post
Share on other sites
m4ckk

m4ckk

Posted
  • Author
Posted

Yes.. it came from Cohen

 

I'll have a good look round for the original DN and post it if found - I cant remember seeing one!

 

I sent 2 CCA requests with no responses... then they appeared at court with a incomplete copy.

 

Thanks, Mack

Link to post
Share on other sites
DonkeyB

DonkeyB

Posted
Posted (edited)

BINGO! You've got them - and by their own admission!

 

I refer to the documents supplied by Cohens in their witness statement.

 

The MBNA default notice says you must remedy the breach by 24 April 2009.

 

The Cohen witness statement says that the account was assigned to CL Finance on 23 April 2009 - a day before the deadline set to remedy the breach. This is unlawful rescission of the contract.

 

The DN also refers to paragraph 8. There is no paragraph 8 in the T&Cs supplied.

 

We need to get this into your defence/witness statement somehow.

 

They will be hard pushed to win this now, irrespective of the terms in the agreement. Hopefully someone better qualified will confirm this is a correct summary of their evidence.

Edited by DonkeyB
Link to post
Share on other sites
m4ckk

m4ckk

Posted
  • Author
Posted
BINGO! You've got them - and by their own admission!

 

I refer to the documents supplied by Cohens in their witness statement.

 

The MBNA default notice says you must remedy the breach by 24 April 2009.

 

The Cohen witness statement says that the account was assigned to CL Finance on 23 April 2009 - a day before the deadline set to remedy the breach. This is unlawful rescission of the contract.

 

The DN also refers to paragraph 8. There is no paragraph 8 in the T&Cs supplied.

 

We need to get this into your defence/witness statement somehow.

 

They will be hard pushed to win this now, irrespective of the terms in the agreement. Hopefully someone better qualified will confirm this is a correct summary of their evidence.

 

Thanks for all this... I sometime's cant open letters:

 

The T&C's wernt all posted on here.. only the first two pages.. I'll post more later tonite.

I have to have the defence in by 4pm tomorrow. WoW:(

Link to post
Share on other sites
DonkeyB

DonkeyB

Posted
Posted

Mack, I'm with client at the moment, but I think your defence has to be based on the fact that, by their own admission, the account was unlawfully rescinded. I think therefore that all that is due is the actual arrears at the time of the DN.

 

Hopefully someone can drop in a do a decently formatted defence - I'm not so good at those, just good at finding the holes in the witness statements!

Link to post
Share on other sites
vint1954

vint1954

Posted
Posted

MBNA always use UK Mail s post. this is second class, Service is therefore 4 days. That makes the service date 13th April 2009, causing the DN to fail on its own, let alone the fact that the account was sold early. The DN states that the default must be rectified before 24th. It must state a date by which it has to be rectified, so 3 points against the DN.

 

An application form may be able to become an executed agreement, if laid out in the prescribed form containing all of the prescribed terms within the signature document. This one seems to do so. However, it has to be capable of becoming a regulated agreement, that is signed by both parties, so it would follow that any application form seeking to become an executed agreement, must have a place for both parties to sign. THIS ONE DOES NOT.

Link to post
Share on other sites
vint1954

vint1954

Posted
Posted
Is it also the case that where the account is rescinded like this, only the arrears are payable?

Yes, if the account is terminated in one of many forms, and the DN is non complient, they will only be entitled to the true amount of the arrears, excluding unlawful charges and interest.

 

If the DN was for say, £300, you may;) want to counter that lawful figure with unlawful charges ( recent and historic), Interest added to charges, your own time and expences for research and letter writing, advising this huge corporation with massive resources where they have broken the law and maybe, some unfair relationship issues under CPUTR, relating to extortionat interst hikes. Would a bank like to have to explain in a public court how they are charging 70 times the current BOE base rate?

 

It's a question of lining up the ducks in a row.:)

Link to post
Share on other sites
littlebert8

littlebert8

Posted
Posted

I'm in the same boat - default remedy by 23/3 but the account was sold on 20/3.

 

If in court this afternoon for an SJ hearing. I've not yet made anything of the unlawful rescission, because I've only just got a copy of the DN. Not had a termination notice either.

 

I think I may have enough to get the SJ application struck out anyway, but am considering if I should use unlawful rescission too. My only question is, don't you have to agree to the unlawful rescission - can I do this by stating as much in court today or do I have to write to the creditor?

 

The arrears are stated at approx £1300 - do I need to pay this immediately of claiming unlawful rescission?

 

It would be nice to think that unlawful rescission is fatal to the claimants case, but I just don't believe it can be that simple.

 

Don't want to hijack the thread, but any advice would be greatly appreciated as I'm in court at 2:30!!

Link to post
Share on other sites
DonkeyB

DonkeyB

Posted
Posted

If there are any charges on the account, these can be set off against the arrears. Because it has been rescinded only the arrears are due and therefore the amount claimed on the PoC would be incorrect.

 

As for the SJ, the unlawful rescission shows there is clearly a case to answer - and that should be enough fort any judge to throw it out and award you costs!

 

(Don't forget to ask for costs!)

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...