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    • and it will be also now written off under age related criteria anyway.
    • @dx100ukThanks 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 consequences 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? @Man in the middleI've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • 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
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    • 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
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Please help, claim form received on behalf of HFC


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You're completely right. The default notice says 'you have failed to pay the combined monthly instalments of capital and interest totalling 165 pounds'. (It doesnt say how many missed payments this is).

The agreement with the 'customer' signature on states payments of 110.09 pounds per month so they cannot possibly be refering to this payment amount.

They must be refering to the hand written agreement of 55 per month.

 

So the question is, is the default notice invalid or is the credit agreement invalid in this case now?

 

They have started court proceedings with the WRITTEN agreement that is about as much use as a chocolate fire guard :grin:

 

Ha ha ha he he he

 

The other agreements are just as useless but they dont matter in this case, if they even attempted to produce those you have all of the evidence to state those where not referred to in bringing this particular court action :rolleyes:

 

So they can put that in their pipe and choke, I mean smoke it!!

 

Ah, finally, a gold star, yippee!!!:p

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Well one thing is for sure, I never signed the 'written' agreement.

 

I actually have a letter from HFC stating that the only reason they sent me the 'written' agreement was because they could not find the actual agreement.

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I'll be putting the defence together tomorrow and will post a copy up here.

 

Whether this works out or not, thank you both once again. I owe you lots of beers or iron bru's if either of you are recovering alcoholics.:)

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I'll be putting the defence together tomorrow and will post a copy up here.

 

Whether this works out or not, thank you both once again. I owe you lots of beers or iron bru's if either of you are recovering alcoholics.:)

 

:eek: who's been talking!!!!!!:D

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Avarils,

 

Default Notice is invalid, figure is incorrect, they have terminated without the required legal excuse, breach of contract by HFC, the agreement is no longer 'Live', you are liable for any arrears due before termination (£330.00) I think.

 

The agreement needs to be re-instated with the consent of both parties, you and HFC, you claim recission of contract as the Non-breaching party as the remedy for resolution to the entirety of this matter.

 

Offer £330 to them on the morrow as Full and Final Settlement to their claim and all matters regarding the relationship between you and HFC.

 

What do you think?

 

Kind Regards

 

The Mould

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I can do that. I think they will insist on seeing what I've got (ie a copy of my defence) before they agree but I'm just guessing.

 

I'll call them before 10:00 tomorrow and then let you know how I get on.

 

If they do refuse at this stage, I'll write the defence before the end of the day.

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I'll be putting the defence together tomorrow and will post a copy up here.

 

Whether this works out or not, thank you both once again. I owe you lots of beers or iron bru's if either of you are recovering alcoholics.:)

 

There is no recovery for me I am afraid to say old boy, Halifax poisoning, no known cure to man or woman.

 

Kind Regards

 

The Mould

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I can do that. I think they will insist on seeing what I've got (ie a copy of my defence) before they agree but I'm just guessing.

 

I'll call them before 10:00 tomorrow and then let you know how I get on.

 

If they do refuse at this stage, I'll write the defence before the end of the day.

 

You dont need to show them anything, if they wish to see the fantastic proof then the defence would be sent to them by the courts, dont take their s**t, give em some back chuck :D politely, of course ;)

Edited by wish me well
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Blimey, I am going to howl in a minuet, so I am just off to have a smoke first as it it quite difficult to hold a roll up in your paws.

 

Kind Regards

 

The Mould

 

I can do that. I think they will insist on seeing what I've got (ie a copy of my defence) before they agree but I'm just guessing.

 

I'll call them before 10:00 tomorrow and then let you know how I get on.

 

If they do refuse at this stage, I'll write the defence before the end of the day.

 

 

Let them insist avarils, tell them this is your offer, take it or take a chance in court, you have a great defence, be polite old boy, but make them fully aware that you can prove your defence whereas, they can't prove their claim nor can they prove to the court that they have the legal right to bring this action against you, and this is because of their client's fundamental failures in not complying with legislation contained in the CCA 1974.

 

Kind Regards

 

The Mould

 

PS. Wish me well, I have sent the well earned star over to you, have a look out of your window, up there in the sky, you see that?

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I will go see whilst enjoying my smoke ;)

 

Thanks top cat

 

It looks like Avarils has gone to have a well earned rest. :)

 

I think I'll call it a night, but I'll be back tomorrow.

 

Mouldy, check you mail, Watson's no longer missing ;)

 

Take care all, sweet dreams

 

WMW :)

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OK Avarils,

 

You have all you need now, things have changed for you.

 

I am going off-line to do a bit of howling, I will catch you up on the morrow.

 

Kind Regards

 

The Mould

 

PS. Watson, I will send you an email, catch you up on the morrow also my dear friend, whence that day commeth.

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Hi,

 

I spoke to them 30 minutes ago.

 

Same as yesterday, they listened to what I had to say and said they would call me back.

 

Will update you as soon as they call me.

 

There is a clause in the terms and conditions which states : your rights to complete this agreement early

You may at any time pay off this agreement early by paying us the total amount together with any sums etc.

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There is a clause in the terms and conditions which states : your rights to complete this agreement early

 

 

You may at any time pay off this agreement early by paying us the total amount together with any sums etc.

 

Ok,

 

Is this statement on the same page as the alleged customers signature?

 

And anyway they have brought about this case on the back of the written agreement that has no signature, they have terminated the account, which you accept.

 

Your defence: they defaulted you on the incorrect agreement, dooh silly people!! So invalid default notice, also not enough time to remedy and they registered at CRA's before it was sent to you and they have a non compliant credit agreement.

 

You are not the breaching party, they were by their incompetent actions.

 

Thats your defence, you have no case to answer to :D

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Thanks.

It's not on the same page as the customer signature, it’s on the 'terms and conditions' page.

I got a call from the solicitors just now but didn't answer. I wanted to ask a question first:

Should I offer them the £330.27 as a settlement figure or should I just tell them that the default is based on a credit agreement with no signature and also not having enough time to remedy the situation as they registered the default with the credit reference agency before the default letter was sent and therefore it would be in everyone’s best interest to drop this now.

What I'm thinking is that there is no mention in the terms and conditions about them being able to update CRA's with any information about this account and therefore the default that has sat on my file since late November 09(and probably effected my ability to get credit) is illegal and I may counter claim against them for this?

This may 'encourage' them to drop the whole thing now?

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Well as Mouldy said last night they have terminated on the back of an invalid default notice therefore they are now ONLY entitled to the arrears of approx £330.

 

You could certainly point out that as it is an invalid default notice you have the option to counterclaim for damages of £1,000.00 as per the ruling in Kpohraror v Woolwich Building Society [1996] 4 ALL ER 119.

which would clear the arrears you could be chased for and leave you with a tidy sum.

 

Its worth a go, I will try and see where Mouldy is, expert advise needed me thinks ;)

 

WMW

Edited by wish me well
adding which case shows award for damages
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Where does the figure of £1000 come from in terms of a counter claim? I've had a quick search for other threads regarding this. I just want to know what I'm on about when I speak to them. The ultimate aim is to get them to drop it and the threat of a couter claim may just tip the balance in my favour..

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Hello there avarils,

 

How are you doing, great minds and all that WMW.

 

so avarils, let them know that you understand your rights and how proceedings work, they are the one's who brought this action, they must prove their claim.

 

You state to them, invalid default notice, incomplete agreement, they have taken this route without the necessary legal excuse to do so, they are in breach of contract, you have three (3) alternative remedies available to you as you are the Non-breaching party,

 

Remedy No 1 is you can claim recission of the contract,

 

Remedy No 2 is you can claim for money damages and

 

Remedy No 3 is you can claim an action for specific performance.

 

Obviously you claim recission of contract as a result of the breach by HFC.

 

Legally you are liable for the arrears £330.27 or so, however, unlawful processing of you personal data, adverse data on credit file, you have a counterclaim for £1,000.00 per case law ruling.

 

Say to them, if they wholly discontinue with this action and agree to remove the adverse data from your credit file, then you can agree that that would be a Full and Final agreement between you and them to the entirety of this matter.

 

State to them, that they don't even have the agreement that their claim has been issued for.

 

State to them to discontinue today and ask them to fax a copy of the Notice of Discontiuance over to you today and put the hard copy in the post along with their agreement that this is the end of this matter absolute.

 

Kind Regards

 

The Mould

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Sorry about the delay,

 

i've called them and the person dealing with the file is on the phone, waiting for a call back now.

 

Understood the above completely, I hope that the person I speak to at the sols has the authroity to make the decision...

 

They're not calling me back!

 

I'll try to speak to them again, failing that, should I drop them an email? I have the lady's admeail address that is dealing with this..

 

admeail = email, sorry (what's wrong with me?)

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Sorry about the delay,

 

i've called them and the person dealing with the file is on the phone, waiting for a call back now.

 

Understood the above completely, I hope that the person I speak to at the sols has the authroity to make the decision...

 

OK avarils,

 

Very good, let's also hope that the robot understands the instructions, if they continue, they will self destruct.

 

Here comes the light.

 

Kind Regards

 

The Mould

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