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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
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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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MBNA - Claim Form received today ***Resolved/Settled by Tomlin Order***


Jameson78
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Quick background:

I CCA’d MBNA Virgin and received my credit agreement. Unfortunately for me, it is enforceable.

I have paid up my arrears and have restarted my monthly repayment agreement to avoid further action.

My circumstances currently are that I am out of work and seriously considering "signing on" but I probably won’t because I never have and I am confident that I will find something in a month or two.

Before I write to Virgin/MBNA, I wanted to seek advice from my fellow Caggers regarding my intention pay them less each month.

My current plan is:

1. Write to them and explain my circumstances and offer what I can currently afford monthly.

2. Cancel my direct debit and simultaneously set up a Standing Order for a quarter of what I am currently in agreement to pay them monthly.

I guess if I can’t pay then I can’t pay and there’s nothing much they can do about it. I assume they will ask me to fill in a financial statement but I know that legally I am not required to do this and frankly, I don’t want to.

Is this the right path? Possibly trying to avoid a DN, although I have a collection of DN due to my other unenforceable agreements – so one more really won’t make much difference.

Or should I just not pay and after several threats, call the number and negotiate, hoping that they will agree a lower payment?

I want to try and be in control of the situation even if there is an enforceable credit agreement in existence. Anyone know the best plan of action for me? Thanks.

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Just explain your circumstances, ask them to freeze interest, also I would sign on and if nothing else that will keep your NI contributions up to date.

There are template letters on here or the CAB may be able to help

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Just explain that you cant afford payments the hard bit is done ,stopping the interest.

Offer them £1 a month see what they say. If you aren't employed they will have to accept that or nothing, remind them nicely and not in a threatening way that no court would make you pay what you can't reasonably afford. Have you got any PPI on the cards that may bail you out. keep a paper trail to show a court if it ever gets that far that you have tried to co operate

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Just explain that you cant afford payments the hard bit is done ,stopping the interest.

Offer them £1 a month see what they say. If you aren't employed they will have to accept that or nothing, remind them nicely and not in a threatening way that no court would make you pay what you can't reasonably afford. Have you got any PPI on the cards that may bail you out. keep a paper trail to show a court if it ever gets that far that you have tried to co operate

 

That's great thanks. I guess I wanted to hear it from someone else! Will write to them and cancel my DD and set up a standing order.

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  • 2 weeks later...

Why not post up what you have removing personal stuff and any barcodes I don't thinkl the lack of page numbers will help you as long as the prescribed terms are contained on 1 page.

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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  • 4 months later...

stating that they are only acting on behalf of OC and that the CCA must be requested directly from OC.

 

In my CCA request I stated that "if you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment and places a duty upon you to pass this to the creditor..."

 

I don't want to purchase another £1.00 PO and write to the OC because the DCA is now chasing the money. Any suggestions on what to write back? Can I resend them the PO and bring to their attention s.175 as typed above?

 

This isn't a SAR request where I have to always write to the OC. Any help appreciated. Thanks

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usual bull

if they are demanding money from you they must hold the correct paperwork

 

send it back

giving them 14 working days

if they do not repond

send the failure to comply letter - a/c in dispute

 

more background info pse on the debt

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have heard of the same 3 times this week.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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he he

i'd forget it

AIC the little darling

 

bet it an old debt too or no CCA or SB'ed.

 

as for getting a CCA not a chance out of MBNA, well a really one anyhow.

 

i'd ignore them.

 

whats the debt history.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 years later...

I received a letter from a solicitors today demanding payment (£8,342) in full and a form requesting financial details.

 

I know that there is no legal obligation for me to return them the filled in form,

however, my instinct is telling me that are after a charging order.

 

I believe the credit card CCA is enforceable. (debt is from 2007), I will post a copy it later.

 

I live with my partner and our 3 very young children – all under 6 years old. The house is in my name with a mortgage.

 

I have been reading.. and reading… as it stands,

when a debtor has a CCJ and is paying in installments set by the court,

then a creditor may not pursue a charge on a debtors property BUT from 1st October,

that protection will no longer exist.

 

Once a CCJ is obtained, then even if a debtor is complying with the terms of the court order, (or even an IVA),

then a creditor can still look to enforce the debt via a Charging Order.

 

My question is:

How can I protect my asset, my home?

Is it easy to transfer the deeds to my partner?

I would need the blessing of my mortgage company, but how do they view such a request?

Are they common?

My partner’s credit is very good.

 

What worries me is the thought that they will bypass me,

ignore anything I have to say and just go straight for the throat and get the CCJ/Charging Order.

 

I can not afford the repayments they would probably want,

but my point being they will take the payment and pursue the CO anyway.

 

Is there anything I can do to avoid this?

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who is the fake/tame solicitor and the OC

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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three threads going back 3 yrs merged.

 

to show story of advise.

please keep to ONE THREAD

 

per debt.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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what does your CRA file say?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the housekeeping dx

 

Interesting entry on my CRA file.

MBNA states Default (satisfied) Default date end 2009.

 

Then I have another entry under a new DCA (Arrow Global) for the same amount. This is the DCA that has passed me to Restons Solicitors as handpicked for litigation.

 

No PPI ims21 and I have a few very old statements going back 2006/2007

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