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


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    • finaldj
      80k debt

      By finaldj · Posted

      I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do medication and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out
    • FTMDave
      G24 anpr PCN - Double Dipping - Wigan Robin Retail Park

      By FTMDave · Posted

      Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
    • RodeMan
      80k debt

      By RodeMan · Posted

      LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
    • MANUKI12742
      Advise on debt I currently hold

      By MANUKI12742 · Posted

      I have initiated the breathing space so ill wait. from re reading everything this what i understand BS gives me 60 days break from the creditors during these 60 days they may contact me and will most likely default I need to wait until after a default notice to see whether the OC will keep the debt or sell it off If kept by the OC then i should attempt a plan or pay some token payment? If sold to DCA then don't pay and after 6 years it will leave my credit report once the DN is registered with a date. DCA may start a CCJ but unlikely, if they do come back here. last question, do you know roughly how long this will all take? in terms of defaults/default notice, potential CCJ? Would you say I have 12 months plus from when the BS ends?
    • FTMDave
      MET CCTV PNC - Starbucks closed- Southgate Park, Stansted CM24 1PY

      By FTMDave · Posted

      Well, it's up to you. Years & years & years ago the forum used to suggest appealing to POPLA, but then AFAIK POPLA's remit was changed and it became much more biased in favour of the PPCs. One of the problems with taking that route is that the onus will fall on you to prove your appeal, while if you do nothing the onus is on MET to start legal action which experience teaches they are very, very reluctant to do. If you go down the POPLA route I would think your ace would be insufficient signage.  Are you able to go back there and get photos of their rubbish, entrapping signs?

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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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.

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

They will make her bankrupt for 4000 pounds, help please.

beaconsman

By beaconsman
in Debt Collection Agencies

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PriorityOne

PriorityOne

Posted
Posted
Right, Also, I Am NoW GOINGTo Get InTouch With The Moderators.......

 

WHY WE ARENT FIGHTING, SIMPLE. THE DJ SAID SHE HAD SEEN 25 CASES ON MONDAY 28TH AND TUESDAY 29, OUT OF ALL THOSE, ONLY 3 WERE SET ASIDE, HER ADVICE WAS TO NEGOTIATE...AS WE WOULD LOSE.....EVIDENCE AGAINST MY WIFE FAR TOO MUCH, SHE WANTED MORE EVIDENCE FROM US THAT WE COULD PROVE AN UNENFOREABLE DEBT...

 

AS SHE POINTED OUT, IF THEY HANDT HAVE TURNED UP THEN IT WOULD HAVE BEEN SET ASIDE..SHE ADVISED US TO SETTLE..

 

If you/your wife were taken to court as a Defendant, then it's not up to you/your wife to prove an unenforceable debt.... it's up the Claimant bringing the action against you.

 

Are you now saying that you were the Claimant?

 

If so, then it would explain why you never posted up the POC... like you were asked to... :rolleyes:

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PriorityOne

PriorityOne

Posted
Posted

Beaconsman, there's far too much on this (and other) threads that really doesn't add up.... this is why people doubt your authenticity.

 

If your wife doesn't want to follow advice on here, then that's up to your wife. You've said that she has a friend who is a "lawyer" (I assume you mean solicitor).... If your wife prefers to get her advice from elsewhere, then it is her decision entirely.

 

You've also said that your wife earns 3 x as much as you.... yet you work in education. The assumption is that you're a Physics teacher, but as your info. continues to be vague... you could also be a lab technician.... which might make more sense.

 

The point I'm making is that on the face of it, you and your wife appear to have an income that a lot of people would be grateful for.... yet absolutely no idea about how to manage it. Please forgive me if that sounds judgemental....

 

Bottom line is.... either you want our help or you don't. If you don't, then rather than attack the advice given to you... just go away.

 

:)

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babybear39

babybear39

Posted
Posted

I guessed why your nick was what it was so never doubted you on that score, it's just that your wife not wanting our advice is a bit suspect seeing as you kept asking. I agree with P1 that your earnings should be enough not to be affraid of a £4000 debt.

 

If you choose the VCO and make an agreement to pay £50 a month that's upto you and your wife. Just never seen it before on here :confused:

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PriorityOne

PriorityOne

Posted
Posted
Would someone who is not working in the Financial Sector have a case for unfair dismissal if they lost their job because of being made Bankrupt.

 

 

Not sure on that one ODC, but as I work in the education sector myself... an unqualified teacher (Instructor) would be on approx. £17K at least... so if that's what the day job is and his wife's on 3x his salary (as he claims), then he appears to be in a far better position to sort his/his wife's problems out than most people on here.

 

;-)

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beaconsman

beaconsman

Posted
  • Author
Posted

Obviously for those who critisise my wife's opinions, fine, I came on here to help her, she doesnt want to fight them, unless she registers herself on here, which I will ask her too...by the way, my laptop has internet problems plus our service is being affected by the adverse weather here in the wolds..as for others nitpicking my spelling, oh dear..u really ought to get a friggin life...as for my teaching quals, no, i am not yet a qualified teacher, and have no intention to be...I want to work in Higher education..as for those who wish to question my experience or teaching skills...carry on, silence is golden as far as i am concerned..i have posted on here before for other things, now i am not too sure as this forum is getting to be like the one on MCN,(motorcycle news)..anyway ..arte et marte....If I need anymore advice on my own finances, then I may or may not be back judging by the comments as to the sincerity of who I am, if i work for a dca...not a good ad for CAG is it?..if anyone wishes to converse to me, i have no objections to pming and giving you my number....??..hmm, thought not....typing on a forum and slagging off other people is a cowards way...mano a mano...far better...anyway, I am off now to start my motorbike up as she is a bit chilly..

 

Thanks all to the genuine replies, I am sorry but this isnt my fight, its my wifes, she has decided to drop the action for the set aside..

 

Please no more comments about my profession etc..as an ex soldier i tend to get a bit offended as to the services i have given and some of you ahve (Correction, HAVE)! the right to post freely here...others in the world are not so lucky, so think on.....

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beaconsman

beaconsman

Posted
  • Author
Posted

all very well reading about the successes, what about the ones that havent been won, like ours?..if a judge says we would lose, then we will lose....plus she wasnt arsed about the fact they had failed to coply with a cca request....

 

22 out of 25 set asides LOST! Not won, LOST! think there is a fair assumption, that yes, we have drawn a lottery with the judge and she is a bad one...

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PriorityOne

PriorityOne

Posted
Posted (edited)
all very well reading about the successes, what about the ones that havent been won, like ours?..if a judge says we would lose, then we will lose....plus she wasnt arsed about the fact they had failed to coply with a cca request....

 

22 out of 25 set asides LOST! Not won, LOST! think there is a fair assumption, that yes, we have drawn a lottery with the judge and she is a bad one...

 

You wouldn't be the first to get a cack Judge, Beaconsman.... and nothing worth having in life is easy. I've fought many, many battles in my life.... and I woudn't say any of them have been particularly easy.... but I would have lost the house I'm in now if I'd gone through a solicitor years ago. I've never forgotten that, which is why I've always handled everything myself; DMPs the lot. As a result (I believe), I'm not in Debt Row any more... :)

 

Sometimes you have to keep on with the fight to see justice done and/or maintain a certain standard of living for yourself and your family. You also have to believe in yourself...

 

:)

Edited by PriorityOne
typo
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babybear39

babybear39

Posted
Posted

We can discuss this 'til the cows come home but the fact remains that you keep saying that your combined income is very high but you don't say why a £4000 debt is bothering you appart from your wife's job being at risk if she was made BR :confused:

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babybear39

babybear39

Posted
Posted
all very well reading about the successes, what about the ones that havent been won, like ours?..if a judge says we would lose, then we will lose....plus she wasnt arsed about the fact they had failed to coply with a cca request....

 

22 out of 25 set asides LOST! Not won, LOST! think there is a fair assumption, that yes, we have drawn a lottery with the judge and she is a bad one...

 

I bet she didn't tell you how many of the defendants didn't show ;)

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PriorityOne

PriorityOne

Posted
Posted
all very well reading about the successes, what about the ones that havent been won, like ours?..if a judge says we would lose, then we will lose....plus she wasnt arsed about the fact they had failed to coply with a cca request....

 

 

Then it sounds as if your legal argument wasn't strong enough. A courtroom is a place where aspects of law are challenged and debated, so to speak. People who go in there need to fight their corner.... which means that the arguments need to be polished to perfection.

 

When they're not, people often find themselves ripped to shreds.

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Huff&Puff

Huff&Puff

Posted
Posted

If you appeal you will win eventually. It's as simple as that, the precedent law goes all the way to the House of Lords, and nothing that a poor example of a DJ says or does can ever trump that.

 

However, you have chosen to give up the fight, as is your right, so there is no point in advising further.

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KER

KER

Posted
Posted
This is one of the most confusing threads I've seen on CAG.

 

Can the OP please make clear which court this was, who the judge was, and exactly what the hearing was for. We might be able to make some sense of it all then.

 

 

Quoted as it seems the OP missed this one to answer whilst ranting at other forum members!

When you've had all the help you need, make sure you stick around to help others too!

Just think, if everyone left the site after they'd got their help, there might not be anyone left the next time YOU come back needing more assistance!!!!!!!

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F_DCAs

F_DCAs

Posted
Posted

If the OP is going to continue being defensive, and ignoring/contradicting what advice is passed his way, then what's the point of continuing this thread? Hasn't enough time been wasted on this already?

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PriorityOne

PriorityOne

Posted
Posted
If the OP is going to continue being defensive, and ignoring/contradicting what advice is passed his way, then what's the point of continuing this thread? Hasn't enough time been wasted on this already?

 

... because underneath it all, he might actually need some help, not have the confidence to take the system on right now and be lashing out at anyone and everyone instead. It's easier for some people to do that sometimes...

 

If he needs/wants help, then people will try and listen to him, but at the moment he's not making much sense.... so no-one can.

 

I'm not entirely sure of the story, I'll admit.... but am prepared to give him the benefit of the doubt if/when he responds to some of the questions that have been asked.

 

:)

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citizenB

citizenB

Posted
Posted
Quoted as it seems the OP missed this one to answer whilst ranting at other forum members!

 

Ker you have asked OP for information ie Court and Judge. Not a good idea at all. :)

 

If the OP is going to continue being defensive, and ignoring/contradicting what advice is passed his way, then what's the point of continuing this thread? Hasn't enough time been wasted on this already?

 

Priority One has answered this.. whilst there is the slightest chance that beaconsman does genuinely require the help of CAG then it will be available to him and his wife.

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KER

KER

Posted
Posted
Ker you have asked OP for information ie Court and Judge. Not a good idea at all. :)

 

 

 

In actual fact, I QUOTED a post from a member of the site team :)

 

Perhaps you should talk to them instead :)

 

Edit here's the link to the post quoted :)http://www.consumeractiongroup.co.uk/forum/show-post/post-2670097.html

When you've had all the help you need, make sure you stick around to help others too!

Just think, if everyone left the site after they'd got their help, there might not be anyone left the next time YOU come back needing more assistance!!!!!!!

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diddydicky

diddydicky

Posted
Posted

with respect , firstly, stop shouting.

 

secondly if you posted up the documents that you spoke of it might go some way to showing those who doubt you that you are indeed genuine

 

they will (rightly) assume that if you cant show the docs you may be disingenuous

 

personally i remain neutral on the issue

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