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    • receiving a default NOTICE (forget simple default cal markers) does not mean it will get sold on... OC's very very rarely do court themselves.  if it does you would receive a Notice of Assignment from the debt buyer/DCA.  as for reduced payment if it remains with the OC and they issue a DN, no harm in trying but lets get all your ducks inline first. dx  
    • okay thanks do you know how long it will take for it to get to the DCA or could the OC try and issue a CCJ? even though it's unlikely also for example would the OC agree to a reduction and a small payment over a super lengthy period of time if agreed? Rather than go through chasing apologies again for all the questions, just trying to understand all the possible scenarios.  
    • Currently - "the maximum daily price at 100p / kWh for electricity and 30p / kWh for gas – keep in mind that's a lot higher than the Ofgem Energy Price Cap, so if you can't afford prices to increase further, you're probably better off sticking with a protected tariff such as Flexible Octopus." Octopus Tracker is a product of our labs, available now to customers through our beta programme. Octopus Tracker is a beta product. Some things may not work the first time, and installations and processes may take longer than we'd like. Third party tech like In-home Displays won't always work, and on occasion data issues with smart meters can take significant time to fix or prevent things from working at all.   Copied straight from octopus   Feel free to shove it somewhere else    
    • depends what the fees are, typically nothing can be added once judgement is passed bar litigation costs. on document retention time limits etc at least 6yrs previous must be held though many hold complete info. as for acronyms and abbreviations ideally yes they should     
    • Still have to submit a statement either system....if they fail they can only give verbal because they failed to file and serve.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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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.

      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.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Default Letter -


Dolly G
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Hi

 

Final Response Letter Re Complaint Received 23.12.09 -By Post

 

Received on 24.12.09 by TNT 22.12.09 The letter below -

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

 

This is a default notice served under S87(1) of the Consumer Credit Act 1974. It relates to your Hire Purchase agreement with us numbered ......

. The agreement says you must make all payments on their due date. You have broken your agreement, as there are arrears of £749.36. To remedy your breach you must pay us these arrears before the 10th January 2010.

 

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORECEMENT WILL BE TAKEN IN RESPECT OF THE BREACH.

 

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU

 

If arrears are not paid before 10th Januarry 2010 we may:

 

(a) Terminate the agreement and seek to recover the goods.

(b) Seek payment from you of monies due as a result of termination.

 

 

(i)Total payable under this agreement £18278.84

 

(ii)Total paid at the date of this notice £3152.74

 

My payments total = £3611.58 Took this form Statement of Account dated 22.10.09.

 

Any advice would be most welcome .......Thank you for taking the time to read this thread.

 

Wishing Everyone A Very Joyful Happy Boxing Day

 

Dolly G

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Ok, If the Default Notice in a TNT envelope was delivered by Royal Mail then it would be deemedto be served by a Second Class service regardless of when you did actually receive it. Check the TNT UK website for further details.

 

The rules for service of documents is here -

Bickford-Smith Service of documents by post

 

As you will see, if your document was served by a second class service then it is deemed served on the 4th working day from the date of postage (working days are Monday to Friday and exclude Bank Holidays).

 

So, your Defaullt Notice was dated Tuesday 22nd December and is deemed served on the 4th working day which is Tuesday 29th December.

 

Tue 22 - DN posted

Wed 23 - 2nd working day

Thursday 24 - 3rd working day

Friday 25 - Christmas day (non working day)

Sat 26 - Non working day

Sun 27 - Non working day

Mon 28 - Bank Holiday (non working day)

Tue 29 - 4th working day - Received Default Notice

Wed 30 - Day 1 of the 14 days that Parliament stipulated under s87 of the Consumer Credit Act 1974.

 

As Parliament allowed 14 days then you should have up to and including Tuesday 12th January to rectify the default.

 

Unfortunately for the loan company, they have allowed you until Sunday 10th January, which is only 12 days to rectify the default which makes the Default Notice ineffective.

 

Have read of this post for more info - B_R_W's post on DN's

Edited by supasnooper
added more stuff

 

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Supasnooper

 

Thank you for very much for your prompt reply :-)

 

I have read both Esilve vs Amex and A tale of a dodgy DN.

What is the best my plan of action ?

The company concerned should I be sending a letter or is that revealing the faulty DN.

I appreciate the support of the Consumer Forum.

Dolly G

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no keep quiet until they send you a termination letter and come back

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

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  • 2 weeks later...

Letter Dated December 23 2009

 

Received by tnt post arrived 07.01.2010

Your Hire Purchase agreement and Insurance Loan Agreement Number : ..

 

This is a Notice of Default Sums and is given in compliance with the Consumer Credit Act 1974.

 

Date Defult Sum became payable Nature of default Sum Amount

 

23/12/2009 COLLECTION ACTIVITY FEE 30.00

 

Total Amount £30.00

 

We request that you pay this amount without delay.

 

 

This Notice does not take account of default sums which we have already told you about in another default sum notice, whether or not those sums remain un paid.

 

Interest

We are not entitled to charge you interest on the default sums for the first 28 days after we have given you this notice.However if this sum is not paid in full by that date interest will be charged at the rate of 10.97%.

 

XXXXXXxLTD

Address

Telephone No.

 

 

Any thoughts -

 

 

Dolly G

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  • 4 months later...

Hi

 

Received my current credit file -

 

Entry For Hire Purchase Creditor

Shows Delinquent 05/2010

 

Shows a balance different to amount shown on Default Letter.

What do I do next?

 

I have never heard from the company since Default Letter and Charges letter.

 

 

I wish help on how to proceed.

 

 

Many thanks to all for reading this .

 

Geo

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  • 2 years later...
no keep quiet until they send you a termination letter and come back

 

Hi,Black Horse sent a further 2 Defaults while my complaint was being dealt with FSO.The last was December 2011 and in February 2012 the Black Horse Recovery Dept recovered the vehichle from my private car space at home. The amount paid still remains in accurate.I was not sent a Court Order or Notification of car repossession, No Court Order.Black Horse state that my entrance does not state Private Ground,they have not done anything wrong.In Scotland, can they repossess from Private property?( I had not paid a third as the account had been in dispute since Dec 2009)They have sold the car at auction. I would appreciate any help on how to proceed.Thanks

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Hi Dolly,

 

Things have changed since 2009.

 

What happened with FOS?

 

There is confusion in Scotland about whether or not a creditor always has to get a court order to repossess hire purchase goods. In England it is not always necessary for the creditor to have a court order before repossession. Because Scottish law on this is unclear, you may want to point out to the creditor that they should seek a court order before repossessing goods. If the creditor seizes the goods without a court order, the law on this point can only be clarified by going to court.

 

This is from NDS:

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=08_hire_purchase_debt

 

If you feel there is inaccurances with the amounts etc then you could always send the creditor a sar

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

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