Jump to content


  • Tweets

  • Posts

    • Hi All I know this a long shot but ha anyone got any advice please? Nearly three years ago (maybe more) my ex took a contract out for a new phone for my birthday that I ended up paying the bills on (lovely present huh) I have always paid the bill for this. The phone number that I have had for most of my adult life was passed over to this contract and I am old now haha We are now divorced and have not been in contact  - he is abusive and I have nothing to do with him. I cannot enter into any dialogue with him whatsoever. I have continued with my phone contract and number etc but am stuck - I have no access to my bills even though they come out of my account - as the contract is in his name I cannot get a pac code to move therefore I will lose my number if I cancel- sky just quote data protection at me which I get but this is soooo frustrating!!!! I know that the sensible thing would have been to just l cancel the dd lose the number get another contract elsewhere and get over myself and move on but I am just asking out there as a final desperate attempt - can anything whatsoever be done??? Thank you in advance :)
    • What's your intent, or interest? I can't see that you have any cause of action regarding bills issued by one third party to another third party. Is the idea to use this as a lever "I'll denounce you to HMRC unless you do blah blah .." That might in fact have no teeth anyway, HMRC will aware of the company's turnover via their other tax affairs.  As a matter of fact a company buying VAT rated supplies and selling to VAT registered customers is actually worse off if not VAT registered themselves. Has your court case reached it's conclusion yet?
    • Hello, welcome to CAG.  I expect people will be along to advise later. We aren't here to mock, this is a serious forum. If you feel you're being picked on  report the relevant post to the site team.  Best, HB
    • no that is not a defence. because you don't have a photo
    • I purchased the vehicle using finance through motonovo under a HP 60 months agreement. I have now amended the document ensuring all is in black. Unfortunately, this email has now been sent. However, I have not sent a letter to big motoring world. Also, I have taken the section of the firealarm issue. I am struggling to convert to PDF. I am not tech savy at all. My mistake was that the the salesman was very fussy on a sale. We went down a quiet road for a little test drive and not for a lengthy road test. The water issue was not present at this moment of time. However, it only became prevalent after driving away, after all docs signed. I did stated to Audi I wanted a diagnostic report. However, they carried out an Audicam which is footage of the issue. Audi have diagnosed the issue as a common issue where coupes/cabriolets accumulate water in the seals. However, I did state beforehand for no issue to be rectified due to me wanting to reject the vehicle. I am awaiting a report from Audi through email from the branch manager in relation to the issue. The issue so far is the water still being present in the sills. Audi tried to fix the issue however the problem is still prevalent. Regards 
  • Our picks

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

Advice Needed Please


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4959 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

sorry Andy,

all I have is a letter of asignment from the new owner and not the previous owner..and I asked for the deed so as to prove ownership of the debt...as the letter does not prove anything.

 

Johnny

Link to post
Share on other sites

  • Replies 107
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Fair enough Johnny if the DJ allowed the request good for you but a lot of Caggers do get them mixed up

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

cheers Andy..I didnt want to come accross as if I were trying to tell you your job..after all i'm asking you for the advice feel free to correct me anytime..

I really appreciate your help!

 

Johnny

Link to post
Share on other sites

  • 3 weeks later...

Hi Andy, hope you are well..

 

The docs that the Claimant has served are all faulty, the court has asked if I am happy with what the claimant has sent..

I said no..because of the dates on the docs they cant relate to the claim..

should I request the same docs again? or accept them and use them as defence?

i have to put it in writing to the court what I am unhappy with..not under order tho..

can I ask for proof of service of the DN and LOA?

 

 

Cheers.....Johnny

Link to post
Share on other sites

Hi Andy, hope you are well..

 

The docs that the Claimant has served are all faulty,:D the court has asked if I am happy with what the claimant has sent..

I said no..because of the dates on the docs they cant relate to the claim..

should I request the same docs again? or accept them and use them as defence? If thats what they have no point as only duplicates will be furnished

i have to put it in writing to the court what I am unhappy with..not under order tho..

can I ask for proof of service of the DN and LOA? NoA Absolutely

 

 

Cheers.....Johnny

 

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 4 weeks later...

Hi Andy, hope you are well..

 

quick update.. sent in defence and i'm waiting of the outcome..meanwhile the dca has sent a statement of acc stating that the full amount due is arrears..

do you think this is a plot to try to misslead the court into thinking the amount claimed is arrears?

would they have to prove that the amount is correct?

 

 

Johnny

Link to post
Share on other sites

Hi Johnny

 

Well whatever they claim, the statements, the DN, the Summons and any termination must read the same.What ever they wish to call it arrears or balance or outstanding debt is neither here nor there.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 weeks later...

Would depend on the Claimant raising it in their case.

The Carey case has clarified that the court has the power to declare whether there has or hasnt been a breach of section 78 and all cases will be considered on its own facts. It has clarified that a mere breach of section 78 will not of itself create an unfair relationship but that is not to say that such a breach is never going to be capable of creating an unfair relationship.

The emphasis in the Carey case on section 78 appears to have obscured the real claim that exists under section 61(1)(a) and 127(3) of the Act. These sections dictate that a creditor must be able to produce a signed document (not necessarily the credit agreement) that contains the prescribed terms. The document must include the credit limit, the interest rate and details of how and when a debtor is to make payment. A failure to produce such a document is still capable of rendering the agreement unenforceable.IMHO

Regards

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

thanks for the reply Andy..

 

I'm being attacked by all sides at the min..bit depressing really..

 

if a creditor splits a debt with no mention of arrears.. and gets a ccj for a small part..can they legaly then issue another claim for the rest? and if not.. is it up to me to point that out before they start a new claim.. bit like accepting unlawful rescission..

 

cheers...Johnny

Link to post
Share on other sites

Cant split a debt and if they have and gained a CCJ then a set a side would be the order of the day because it has obviously gone undefended and gained by default through Northampton.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Andy,

 

they actually got the ccj by acceptance..I thought it was for arrears..but there is no mention of arrears in the poc.. plus it was far less than the balance.. I asked them why they did this and they said it was because it was cheaper.. who for them or me? lol

can I still get this set aside? as after finding this place i realise that I should have defended in full as I have a termination notice and default notice that were served on the same day..

 

thanks...Johnny

Link to post
Share on other sites

Hi Andy,

 

they actually got the ccj by acceptance. By you, you accepted it?.I thought it was for arrears..but there is no mention of arrears in the poc.. plus it was far less than the balance.. I asked them why they did this and they said it was because it was cheaper.. who for them or me? lol Them lower the balance lower the Court Costs

can I still get this set aside? Bit Tricky now you have accepted it and how long ago are we talking? as after finding this place i realise that I should have defended in full as I have a termination notice and default notice that were served on the same day.. If only hindsight hey??

thanks...Johnny

 

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Shouldnt, but they never fail to suprise me :-obut this time you will be prepared8-)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I thought it was illegal to split the debt.. I read it on here somewhere..

so can I defend the rest using unlawful rescission now that I have the DN and TN that were sent on the same date...as I should have done with the first part?

 

Johnny

Link to post
Share on other sites

You read it here my post 86.Have they commenced litigation on the second part? Is this the part of this thread/debt Johnny? If so has i have asked how old is the CCJ?

I was under the impression you was just asking the question.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

this is another debt.. no news on the one on this thread..

yes I read your post but also read it elswhere..l.. found it..

 

35.

Division of causes of action.

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts

 

does this apply to that debt?

 

Johnny

Link to post
Share on other sites

this is another debt.. no news on the one on this thread..

yes I read your post but also read it elswhere..l.. found it..

 

35.

Division of causes of action.

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts

 

does this apply to that debt?

 

Johnny

 

 

Thats the one!!

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 months later...

Hi Andy, Hope you are well..

got a date for a hearing coming up re original cc debt..

I submitted my amended defence.. but have not had a reply from the claimant.. i got a copy of their AQ and thats all..

are they supposed to respond to the defence?

the hearing is set for the middle of dec.. i'm trying to do a witness statement now.. but not exactly sure what to put in it at the moment.. i have since found docs in support of money in dispute with the OC that show I have a reasonable counter claim for unfair charges and ppi.. is it too late to make a counter claim?

for my witness statement.. I have..

No compliant NOA

No compliant DN

illegible CCA without terms

default registered by OC without sending DN and a letter saying they would register a default and sell the debt.. no mention of DN in any of their comms

unsure what to do about costs..

bit stuck on how to word it all at the moment.. any help would be greatly appreciated

 

Johnny

Link to post
Share on other sites

Hi Andy, Hope you are well..

got a date for a hearing coming up re original cc debt..

I submitted my amended defence.. but have not had a reply from the claimant.. i got a copy of their AQ and thats all..

are they supposed to respond to the defence? They will later in their WS

the hearing is set for the middle of dec.. i'm trying to do a witness statement now.. but not exactly sure what to put in it at the moment.. i have since found docs in support of money in dispute with the OC that show I have a reasonable counter claim for unfair charges and ppi.. is it too late to make a counter claim? No this can be done vis a N244

for my witness statement.. I have..

No compliant NOA

No compliant DN

illegible CCA without terms

default registered by OC without sending DN and a letter saying they would register a default and sell the debt.. no mention of DN in any of their comms

unsure what to do about costs..

bit stuck on how to word it all at the moment.. any help would be greatly appreciated

 

Johnny

 

Search out Dizzie Diva/ MBNA I have prepared one for her which was successful this with give you an idea content layout.

Regards

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

thanks for the reply Andy..

when do I submt the N244? When you have prepared you claim

 

is it with the WS ? and also do I have to specify an amount? well yes

also can I claim compensation for registering a default without sending a default notice? no dont go there they would simply state they did send one

 

thanks..Johnny

 

Andy

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

thanks Andy..

 

would a letter of intent to register a default and sell the account to a third party qualify as a termination of an agreement?

the letter says.. unless you pay £xxxx amount before xx/xx/xx we will register a default on your credit file and sell your account to a third party..this means that you will no longer be a customer of xx and responsibility for recovery of the outstanding balance will be solely that of the purchaser.

 

Johnny

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...