Jump to content


  • Tweets

  • Posts

    • Hurrah! We got there.  After asking four times about the defence you've answered. To win this you will have to be a hell of a lot more pro-active and get reading up.  The standard defence is on every single claim form thread here. So first task for the evening. Go to  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/ Scroll down to  Q2) How should I defend? There is the standard defence. Change (6) into (7) and add a new (6). 6.  In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. Get if filed this evening.
    • OK, relenting on my above irritated post ... It's worth defending it.  At the very least they are likely to offer a deal. Plus  PE have added two completely invented amounts.  The £100 charge has morphed into £125.  Then they've added £50 legal representative's costs although they have no legal representative.  Even if it went all the way to court and you lost, the  judge would likely disallow the made up £25 + £50. Please fill in the sticky as dx asked. Then dx will be on with details of how to defend.
    • Quite interesting that the Conservative East Midlands  Mayor candidate doesnt mention conservative on his promotion LOL   but he does claim that he, a Conservative politician, is the man to fix the 14 years of Conservative devastation of the region - inc 'fixing' problems inc the utter devastation of the roads, bus and train services that his party have  imposed   Must all rotate around the meaning of fixing he actually means .. fixing noun dishonest activity to make certain that a competition, race, or election is won by a particular person:   .. or perhaps he just means 'fixing' - preventing change
    • Yes, absolutely normal for them to waste everybody's time and money by asking for more time – which they are entitled to do, of course – but it is simply a waste of time. They use prepared template defences. They know they are in the wrong but they simply want to make your life tough because they don't care about you. However do keep an eye out. You never know there is just a 1% chance that they could miss the deadline in which case you should apply for judgement immediately.
    • Will check back in when the SAR from MCB is back and get advice on how to raise the formal complaint and what to say x
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 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
        • Like
  • Recommended Topics

Should I return all letters to sender?


lmd75
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5199 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have left the UK and moved to another EU country with my partner and child.

 

I have a few credit card debts and have put some into dispute and others I simply bank transfer £1 a month on my terms as I have no job. They did not like this but I keep paying it every month. Is this a waste of time? Am I better of not paying anything then letting the six year thing pass?

 

However despite all my efforts they have still defaulted me and passed them on to various agencies.

 

I have a stack load of mail in my house which I rent out to family in the UK.

 

None of the creditors or agencies have my overseas address.

 

Is it a bad idea to simply put all the letters back in the post marked 'Not at this address'.

 

Also a family member said that someone came looking for me and they posted (hand delivered) a letter through the letterbox. The family member told them that I no longer lived here! Could this be a possible CCJ notice?

 

The mortgage is getting paid each month on time but what would happen if they started to receive all my statements and letters returned as undelivered?

 

A part of me is thinking that I should get all my mail redirected to my overseas address and write to all the DCA's /creditors and tell them that I am now living overseas with no job or money. However I am also thinking that I would be completely wasting my time with them as they are not going to simply say "OK - we will let you off for now!". Truth is that I cant pay them anything!

 

What is the best course of action here? Return to Sender?

Edited by lmd75
Link to post
Share on other sites

There is no equity in the property - it is a pure loss maker for me and I would love to hand it back to the lenders but I cant as I have family living there and I have a mutual agreement with them. I receive Housing Benefit from the family tenants but it does not cover the interest only on my mortgage (which is about £80 short). I also have to pay ground rent /buildings insurance which is a further £25 a month). This is costing me £100 a month - Well its actually costing my partner this as she is working and I am looking after the baby.

Link to post
Share on other sites

The equity of the property and mortgage payments have nothing to do with this. You are getting rent and any creditor can take action to attach any money they know that you have or that is due to you. The fact that they seize the rent which you need to pay the mortgage is immaterial. It will be a first come first served basis. That said for the avoidance of doubt this can only happen if they get a CCJ for the Credit Card Debt and know that you have income that they could attach and then obtain an order to seize the money. A lot of if's there and the fact that the court issuing the initial CCJ might not have jurisdiction could have prevented that chain reaction. To ensure that the lender does not pursue this path you need to make them aware that the property you are renting out is no longer your primary address and let them know where you are now domicile.

Edited by Coactum
missing "not" should read lender does not pursue
Link to post
Share on other sites

Coactum - You have been a great help. Thanks for replying to both my threads. I have just sent my brother a text in the UK to forward all my mail on. I will begin to draft letters to all my creditors informing them of situation. Do you think they and the DCA's will cease to write to my UK address when they have my new one?

Link to post
Share on other sites

I can see no reason why any creditor or their agent should persist in writing to the Uk it they know you are elsewhere. BTW i suggest you make no mention of renting out your UK residence. Simply state I'm not there I'm now at... etc. In otherword tell them the bare minimum and don't make yourself a hostage to their demands.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...