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    • Thanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe concenquences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points?
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
    • Please go back and read my message posted at 10:27 this morning @jk2054. I didn't say that I wasn't going to provide documents, only that I will upload them to an online repo that I am in control of, and that I would share links to these. You shall still be able to read and download them no different from if they were hosted here. And, the issue I have is not so much with hosting, but using an online pdf editor to create a multi-page pdf, again I have discussed this that same message.
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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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    • 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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NDR unsigned Credit agreement help


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Ok, this is what I am thinking of sending, does it make sence? dont want to look like an idiot now I have got this far LOL

 

 

Legal notice under the Data Protection Act 1980

 

 

To; The Data controller/compliance Manager Shop Direct Finance company Ltd

 

Your Ref: XXXXXX

Your Letter Ref: XXXXXX

 

Thank you for your letter dated 2nd March 2010 in reference to the above the contents of which are noted.

 

Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980.

 

I demand that you cease processing of my Data by any means whether written or electronically, with third party individuals and

organisations. In addition to processing, this also means passing, amending, sharing ,and management in any form of my Data in whatsoever filing, both manually or electronically.

 

In compliance with the Information Commissioners guidance, I give you 14 days to comply with this request.

 

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage.

 

Specifically because;

 

(i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files, which relate to unfair charges currently in dispute. Whilst the dispute remains, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, & to date you have been unable to provide me with a TRUE COPY of this agreement as per my requests.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

(ii)That recorded defaults on my credit files by yourselves are in dispute.

 

(iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.

 

(iiii)That matters in relation to adverse data you have entered onto my credit files are currently in litigation.

 

(iiii) That the adverse data you continue to process, manage and pass on to third parties impedes my ability to apply for credit, mortgages or other financial services.

 

(iiiii)That as a data controller/compliance officer, you have a responsibility under the Data protection act to observe all principles set out therein, within the act.

 

I expect an acknowledgement of your intentions to comply, and if you do not agree, your reasons for being unable or unwilling to do so.

 

I will give you 14 days to forward this to me in writing.

 

Under the Data Protection Act, a County Court has the powers to order compliance of any breaches it sees fit, together with compensation, at the discretion of the court.

 

Should you fail to comply, or give just and reasonable reasons as to why you will not comply, I will consider making an application to my local Court on notice to force compliance, together with costs and compensation.

 

I look forward to your reply.

 

Yours faithfully

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No that's seen as 'unfair enrichment' by a court. You may however reclaim any unfair charges if they outweigh the remaining balance which is now due. But as it's still with the original creditor they'll only offset it against the debt.

 

The debt still exists it's just that it's legally unenforceable.

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Well these jokers really dont know what the other hand is doing!! I received a default notice this morning along with a demand for just over £1900 to be paid Immediately!!

 

Are they reeelllyyyyy that stupid??!!!

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  • 2 weeks later...

Hi all, I am taking notes and doing this myself with NDR and have gotten to sending the second letter as, surprise surprise, they could not produce a signed CCA.

 

As far as the telephone calls go you have to send them a letter and put it in writing that you require them to remove all your telephone numbers from all their records in accordance with the Data Protection Act with immediate effect. That you will only deal with them by email or letter. It has to be your instruction in writing but it worked for me with all my creditors, as I was very nearly suicidal being bullied by hundreds of DCA phone calls for months and months on end after my husband left me with a mountain of debts.

 

I shall keep you up to date with how I get on with NDR. Is there any way that whatever they have posted to credit reference agencies about accounts they do not have a CCA for can be removed? Surely the credit reference agencies are not allowed to leave unlawful information on their systems?

 

Thank you so much for helping, it is such a relief. Cheers

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(sorry to hijack)

 

They are not Default Notices they are Notices of Default, a subtle difference but until they provide you with a 'Default Notice' they are not supposed to register it on your credit file.

 

I thought they were the same thing! What is the difference between the two?

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OK I have now received 2 letters. One from NDR dated 13.3.10 but not received until 25.3.10 with a summary, a statement and a Letter of Default Served under the Consumer Credit Act 1974. The other from Additions (this is the account NDR write to me about) of a Default Notice Served under section 87(1) of the Consumer Act 1974, same date. When I originally lost my job back in Jan last year, after my husband left, the account was approx £370. And also I wrote several times to both NDR and Additions with an offer of reduced payment due to severe financial difficulties, they ignored them and just kept adding charges and fees even though I sent a reduced payment every month until this month. The account is now at £1088.11. Help. Is this what is meant by a notice of default or a default notice and what do I do about it???? Your help pleeeeeeeeeeease. xxxx

Edited by annie2355
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would you believe their cheek!! TODAY i received a notice of missed payment, along with a CHARGE of £12 to the account ... the same account they wrote to me about on 2nd March telling me they will not be pursuing me for the money!!

 

I telephoned them, got jumped up numpty on the phone, telling me if i have a letter telling me they wont be chasing the debt then to ignore everything they are sending, as I wont have anything to worry about!! What dont they get about the whole 'Harassment' thing .. ARGH!!!

 

They havent respnded to my Legal notice under the Data Protection Act 1980 which i sent to them on 5th March either!!

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would you believe their cheek!! TODAY i received a notice of missed payment, along with a CHARGE of £12 to the account ... the same account they wrote to me about on 2nd March telling me they will not be pursuing me for the money!!

 

I telephoned them, got jumped up numpty on the phone, telling me if i have a letter telling me they wont be chasing the debt then to ignore everything they are sending, as I wont have anything to worry about!! What dont they get about the whole 'Harassment' thing .. ARGH!!!

 

They havent respnded to my Legal notice under the Data Protection Act 1980 which i sent to them on 5th March either!!

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Hi Cerberusalert, thank you for that. If the DN is not in the proper format and they pass on a notification to CRAs, will the CRAs refuse to add the info as it is not in the correct format? Is there anything I can or need to do about it? Many thanks

Edited by annie2355
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A defective DN means that when they terminate the a/c they can only claim for the arrears not the full amount, it's just another weapon in your arsenal because as yet they haven't produced an enforceable CCA anyway. I'm afraid it won't stop them marking a default on your credit file tho'.

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Oh OK. So I will just sit tight and wait for them to make the next move. Thank you very much for all your help. It is good to know about this site. I have passed on details of this website to friends and family. :)

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  • 2 weeks later...

Hi Katscratchmeouw, No I have not been passed to a DCA yet, but I have received a letter saying they are not going to pursue the debt but it will remain on file. And then, sure enough after that I received another Default Notice. So I am just doing as advised, and sitting tight. My credit rating is shot to hell anyway, so heaping more default notices on it cant make it any worse than it already is. Shame on them really, I am in such a financial bind at the moment, Next catalogue aren't doing this to me, so I know that it is their choice, NDR that is, to financially bully and intimidate the people without the means to fight back like me, until I found this website. It has saved my sanity. Hooray for CAG. Woo Woo Woo!

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