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    • Well done topic title updated. Please consider making a donation if not already.   Andy
    • 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 might as well file our SB defence at the same time. 1 The Claimant's claim was issued on dd/mm/yyyy.  2.The date last payment made was the dd/mm/yyyy   3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.  4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.  5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.    
    • Thanks now refer back to my link first task is to acknowledge service of claim...all the instructions are provided in my link above and must be completed by Tues 25th June 16.00...also see instruction re sending a CCA and CPR request in the same link. 
    • Guys, i just got a reponse back from BP. Result.   Thank you, everyone, for your advice and help on this; case closed.
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    • 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.

      Please can you advise what I need to do today to get this done. 
       

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

      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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Securitization - Discussion


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from the Capital One v HMRC case:

 

25. "He (Mr Bonsall) did not disagree with Mr Ingram's view that what has been achieved is a true sale, an essential condition if contextup.png capital contextdown.png relief is to be obtained for regulatory purposes in the US (it is not a UK requirement), though his opinion was that the arrangements, seen as a whole, are consistent only with what is in any real sense a borrowing by COBE." Both sides agreeing the assignment was a "True sale"!

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer 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.:)

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Probably a little early for such a question but I'll throw it in now and see what comes of it :D.

 

If a Credit Card provider 'sells' the account debt to a DCA, assigned absolutely and not just equitably, how would we know if this amount had been securitised and if it had been how does this impact on the subsequent claimed 'right' of the new owner to take litigation for recovery in their own name?

 

This is the whole point of this securitisation discussion after all I believe. Are we any closer to actually understanding this process and/or determining how we would gain access to such account history to show a court that the seemingly simple act of selling an account debt is in fact far from straight forward?

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Exactly, something somewhere has to be wrong with this entire process.

 

The law is quite clear on the rights of a claimant to bring recovery action. If we can crack this we'll be able to attack the right of any creditor to initiate litigation. I'm not up for destroying the entire financial market but given the mess the global economy is in I feel it's not too much to ask that all of this is opened up and fairness applied across the board.

 

What documentation would show the owners/interested parties on a debt? There must be documentation of some kind detailing this process and specifically naming the debt totals (including your own CC account for example) that have been 'sold' to other institutions as part of this process.

 

Is it perhaps the 'promise' of future repayment that is sold meaning there is nothing tangible to look at? Can't believe there is nothing on paper that would confuse the whole assignment and ownership rights process!

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Exactly, something somewhere has to be wrong with this entire process.

 

The law is quite clear on the rights of a claimant to bring recovery action. If we can crack this we'll be able to attack the right of any creditor to initiate litigation. I'm not up for destroying the entire financial market but given the mess the global economy is in I feel it's not too much to ask that all of this is opened up and fairness applied across the board.

 

What documentation would show the owners/interested parties on a debt? There must be documentation of some kind detailing this process and specifically naming the debt totals (including your own CC account for example) that have been 'sold' to other institutions as part of this process.

 

Is it perhaps the 'promise' of future repayment that is sold meaning there is nothing tangible to look at? Can't believe there is nothing on paper that would confuse the whole assignment and ownership rights process!

 

It is pointless us understanding this process when the judiciary doesn't. If and when they issue a claim the court is more interested in whether you owe the money or not, it doesn't matter(within reason) who is suing you the argument is too technical for 98% of the Judges at the county court level. They certainly don't like a learned LIP.

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You're absolutely spot on and appreciate the county court is a pretty blunt and unsophisticated tool but the fact remains if we have a valid legal point that we can demonstrate the courts will simply have to respond, they cannot go on indefinitely pushing sound argument aside purely because of their own ignorance.

 

Sure, it may take time but if you go back even 10 years look at the amount of change that's been bought about. It may be a hard task but it's not impossible by any means. We should explore all avenues and aim to understand the process so that we can then explain the argument concisely and clearly. We have nothing to lose by doing this.

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emandcole

 

I agree with your sentiments, believe me I have some strong view after the injustice I was served couple of weeks ago. Where I knew what I was saying was the truth and the other side were cooking things up.

 

What you are talking about here is changing the establishment and it will take years. But you got to make a start somewhere.

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Any other day, humbleman, you would have ripped that lot to shreds...

 

Most judges do consider the law and well-formulated arguments. The problem is they don't often get them from defendants! That's what we can change here on CAG.

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Advice & opinions given by spartathisis are personal, are not endorsed by Consumer 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.:)

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