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    • Yes it was originally SSE I believe they have been taken over by OVO I may be wrong. The original debt was from around 2018 I think. 
    • I moved into my current property and SSE were the provider I switched to British Gas a few months in, I believe this might have been a final bill.
    • Its not clear from your posts how this debt was incurred ? You moved into the house and they were the existing supplier ? So the debt is for the previous owner ?
    • defence is due on Friday haven't had a response from Morality yet with regards to the CPR request. Have found this from a previous thread would it be ok to use?   1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.Furthermore, the claimant has given no details as to the breakdown of their claim so the defendant is unable to defend specifically.   4. The claimant openly admits that they do not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated. Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a  written agreement:   (1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s)  should be available at  the hearing. With the court’s permission the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed ; c) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   6. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
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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 
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    • 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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Skycard/Barclaycard/Mercers


Mitch524
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In answer to your comments on CatUK's thread, BC's policy is to frustrate your efforts by refusing to send you the actual credit agreement.

 

The best way I know to get sight of the agreement is:-

 

CCA request

Account in Dispute letter

Seek a Final Response from the bank confirming they won't help further

Complain to the FOS about bank's failure to supply the credit agreement

 

This thread includes a letter I drafted for the FOS complaint - http://www.consumeractiongroup.co.uk/forum/barclaycard/231901-tony3x-barclaycard.html

 

Do not try using the SAR to get the credit agreement. This will usually fail.

 

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  • 2 months later...

Sent CCA request on 6th November 2009 and followed up wit Dispute Letter on 27th November 2009.

 

From previous post it shows how Barclays have dealt with the request.

 

Received letter from them dated 29th April as follows.

 

Reference : Section 78 of the Consumer Credit Act 1974

 

I write further to your letter requesting a copy of your executed agreement for the above account.

 

The information we must provide to you under the terms of section 78 is prescribed by the Consumer Credit Act 1974 and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Under Section 78, we must supply you with a copy of your executed agreement and a statement of account which is practicable to refer.

 

The current credit limit on your account is £********

The current balance on your account today is £*******

The next minimum payment of £********* is due on 14/05/10.

 

Please note a copy of your current Barclaycard Credit Agreement will be sent under separate Cover.

 

You will be receiving your next statement shortly which will provide you with full details of your account.

 

With reference to the Civil Procedure Rules (the "CPR"). We have provided you with sufficient information to allow you to understand our position. The CPR does not confer an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply to the court for pre-action disclosure in certain limited circumstances, which do not apply here. The application must be supported by evidence - and the usual order is for the applicant to pay the costs of the application, including the respondent's costs, together with the respondent's costs of complying with any order that is made as a result (CPR 48.1 (2)).

 

While there is no formal obligation on our part to provide documentation in answer to Validation of Debt correspondence, we have undertaken steps to provide you with the contractual terms under which you financial obligations arise and a statement of account.

 

I an fully satisfied that the sum outstanding by you remains legally due and payable. You should continue to repay the outstanding balance owed on your account in accordance with the terms of your credit agreement. If you do not, we may register a default against you with credit reference agencies, although we will formally notify you before doing so.

 

This complies with our obligation to you under section 78 of the Consumer Credit Act 1974.

 

 

With them now acknowledging the fact that they received this request does this now show that they have been acting unlawfully by continuing to charge interest on the account and passing this to Mercers ?

 

Other than the cover letter all I was provided with was three sheets of T&C's with no signatures of mine or theirs.

 

Thoughts anyone ?

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I asked in post #24 if there were penalty charges on the a/c which you can reclaim.

 

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Probably. Still need to SAR them. Can I challenge them on there near 6 month delay on replying to my request and still Dispute the account due to the information that I requested not being sent ?

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They will say they've complied with their obligation to respond to your CCA request by suppling the T&C's.

 

Read other threads and you'll see many having the same problem.

 

Send the SAR for penalty charges data.

 

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If your case is similar, then use Dotty's thread as a guide. As always, you should adapt anything to reflect your own case.

 

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  • 3 weeks later...

Hi Mitch,

 

This is simply a demand and not a DN, which was mentioned in post #23 above.

 

Are they demanding the full a/c balance or the current arrears.

 

This is an interesting post on a very interesting thread - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices-2.html#post2179695

 

Well worth reading.

 

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Hi Slick,

 

I believe it's for the current arrears.

 

"Please note a copy of your current Barclaycard Credit Agreement will be sent under separate Cover."

 

This was on the last letter from Barclaycard dated 29th April I'm still waiting.

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If they're demanding the arrears but not the full a/c balance, the a/c hasn't been terminated and this is just a demand for payment.

 

Don't hold your breath waiting for the BC credit agreement. ;)

 

Have you finished that thread I linked yet. :rolleyes: (kidding !)

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  • 1 month later...
  • 1 month later...

RMA have sent me a letter asking for me to contact them as they are willing to offer me a discounted settlement.

 

What should I expect and if anything should I send them a figure I would be willing to pay to settle ?

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Hi Mitch,

 

I'm not saying this will happen in your own case but take a look here where CSL (Credit Solutions Ltd) have offered to take just 35% of the a/c debt to settle - http://www.consumeractiongroup.co.uk/forum/showthread.php?243979-KeeKeeDee-v-BC-Visa-a-c&p=3105210&viewfull=1#post3105210

 

I entirely agree that RMA are just trying to get you to contact them, for their own ends.

 

However, we should remember that there are occasions where a DCA WILL negotiate and take a substantially reduced sum to settle.

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