Jump to content


  • Tweets

  • Posts

    • The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; it is by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.
    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
    • Ok thanks, I really need help with my mental health over this I’ve called 111 Hi sorry just one more thing can they contact my workplace?
    • Sorry to shatter your leftie dreams 🤣😂🤣😂     Donald Trump gets a SIX-POINT bump in approval after being found guilty on 34 counts according to snap Daily Mail poll: 'I think it was a waste of taxpayer money' WWW.DAILYMAIL.CO.UK Teflon Don rides again, according to an exclusive poll for DailyMail.com which found that the guilty verdict in Manhattan... James Johnson, who conducted the poll, said Trump might be waking up as convicted felon but he was winning over the voters who matter.   Our snap poll of a representative sample of likely voters shows that for most Americans the trial has not changed their deep-set views of Trump,' he said.  'But amongst those who are open to changing their mind, people feel more positive by a margin of 6 points. That is outside of the margin of the error of the poll and we are saying that is significant. 'It extends to Independent voters too. Look at the explanations and it is clear why: people feel it was a politically motivated trial and view Trump as a "fighter" against what they see as injustice.     
    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 Was there a dispute with the original creditor that remains unresolved?  No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No
  • 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

New girl without a clue - help needed defending return of goods please


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5004 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

Hi All

I went to court on this one and feel totally wiped out with it all. I was given 7 days to submit a new revised defence but the District Judge commented I would be foolish - sarcastically asked if I still had the car as though I have a cheek. Consent order was granted for RCI to be the claimant . I just google RFS and found a thread by jkspepper 17th Jan 2008 @2256. I found it interesting and wondered if anyone was free to advise / marry the 2 threads please.

I dont know if my defence already submmitted does me any favours as it is. I am at a loss as to what to do next .

Link to post
Share on other sites

Hi All

I went to court on this one and feel totally wiped out with it all. I was given 7 days to submit a new revised defence but the District Judge commented I would be foolish - sarcastically asked if I still had the car as though I have a cheek. Consent order was granted for RCI to be the claimant . I just google RFS and found a thread by jkspepper 17th Jan 2008 @2256. I found it interesting and wondered if anyone was free to advise / marry the 2 threads please.

I dont know if my defence already submmitted does me any favours as it is. I am at a loss as to what to do next .

 

Hi happiness

 

Send a PM to this cagger---wannabedebtfreesoon--- who has good knowledge of car finances/reposession.

 

Her thread makes an entertaining read!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?242261-Car-repossessd-off-private-property-with-no-default-or-termination-served-with-police-consent%21-Please-help/page55

Link to post
Share on other sites

Perhaps if you pop up your original defence, we could have a look and see what needs revising. If you only have 7 days then you need to act fast.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • 5 weeks later...

Hi Citizen , thank you for the reply I'm sorry I didn't respond at the time but I lost the will to address this sorry business and find the site hard to get around .

 

I attended court yesterday for what was meant to be a 3 hour hearing which ran into its 6th. Would like to update fellow caggers particularly on the set up of defending yaself as I almost LOST because I did not know what was expected of me. I also hope to gain final advice regarding written closing submmission.

 

Could you or anyone reading this advise how to bring this to everyones attention

 

Many thanks and again apologies

Link to post
Share on other sites

Hi All I originally posted my case on here (dont know how to link) which went to court yesterday.

The case is between myself and RFS original thread 'Girl without a clue'.

What was originally allocated 3 hours turned into double that, I put up a good fight but faltered on not understanding what was expected of me in court (CANNOT believe that as I didn't put the 'Acts, etc verbally to the courts that my defence meant nothing ) when I realised at the conclusion of the hearing the judge did give recognition to my representing myself and much to the claimants annoyance I was permitted as were they to serve written closing submissions limited to issues I had brought up and included in my written defence (whick i niavely thought the Judge would read prior to the hearing - obviously NOT !!!)

 

(Issue 1) Default Notice - I proved in court that the default notice included one extra payment and it looked promising as I had referred to the Wood chester case however the Judge has asked that I address the 'minimus' issue I understand this to be the affect and consequences

(Issue 2) Signing of the Agreement - I was questioned at great length regarding this as I did not sign however as I did not quote the Acts, etc the Judge said this matter had been addressed (not in my favour in my judgement) THANKFULLY I was granted permission to include this in my written closing submision within 14 days

 

The claimant also has the same permission and I hope someone may be able to help in my last stab at this.

 

Thank you for reading any questions I'm glad to answer but pretty useless at uploading docs etc ..... even a good luck would be appreciated

Link to post
Share on other sites

The request should be shown to the judge and blatant intimidation and delaying tactics by the company involved. They should not be doing this at this late stage.

 

Contact the court immediately and state that you do NOT agree to this as you do not see any reason for them to change and do not understand the legal arguements behind this...

Link to post
Share on other sites

So you've been given 14 days to submit a closing submission, will there be another hearing or will the Judge just make a decision on the written evidence filed??

 

In effect it seems that the court is asking for a summary of everything that has happened so far without bringing any other issues into the mix so that it may clearly see exactly what the situation is and then make a final judgement on what the outcome should be.

 

What are you hoping the outcome will be?

Link to post
Share on other sites

Hi Wannabe , I have just wrote a lengthy post on how the hearing went but I cant see it ??

 

 

Yes you are correct that's exactly as I understand it to be - she said she would consider the hearing but only to submit what she has permitted which is the default and agreement issue. She said to address issues arising from the amount of default (de Minimus) to attach page 1436 of the new white book index of Wood Chester particularly the court of appeal descion and reports 263, conversion tort on signing agreement (think that was to the other side).

I am overwhelmed by it all tbh, this is not my forte although the Judge did comment that I had done pretty well considering (not sure how to take that really) .

At one point it seemed highly likely she was throwing it out on the Wood Chester part but the minimus thing swayed her from my understanding.

 

What do you think Wannabe ?

 

regards

Link to post
Share on other sites

Hi, happiness 1.

 

I'm going to move your post to this thread and include a link to the thread you posted on.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

Sorry problems moving post, here's the content...............................

 

Hi I noticed this thread just by googling RFS - new to the site but wondered if there was a way of my using the details from the above customer services manager at the start of this thread for my case which I have 7 days (3 left) to submit a revised defence ????

My original post is Girl without a Clue. I atteneded court a couple of days ago as I would not give consent to amended Particulars of Claim - the Judge granted the request and advised I was foolish in incurring thousands in charges should the court find in the claimants favour in September. I will not receive the claimants defence until 2 weeks prioir to the final hearing.

 

This is the thread it's from...........................

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?127328-RCI-Financial-Services-%28formerly-Renault-Financial-Services%29&p=3094423&highlight=#post3094423

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

I'm looking for help in particular with finding page 1436 of the new White book - index of Woodchester case and in particular the court of appeal decsion Woodchester Lease Management Services v SW Shane and reports 263.

 

Also anything on tort in relation to my NOT signing the Agreement.

 

 

In relation to the Default and in addition to the incorrect amount can anyone tell me that having had the Agreement terminated in Nov 2007 but allowed to pay the arrears afterwards having involved Trading Standards is there anything further the company should have done to unterminate the agreement which would render the default unenforceable in any case ?

The company terminated phonecalls before and after my paying the arrears but the Judge did not give recognition to this as that was a seperate default notice BUT I had nothing to say it was unterminated

 

thanks

Edited by happiness1
additional info
Link to post
Share on other sites

I wish there was something I could say that would make this any less complicated or overwhelming for you but unfortunately there is not :sad: I can however, offer you everything I have learned from my own experience and you can only do your best :madgrin:

 

Is the claim against you only or is it a joint claim against your husband too??

 

If you give me a couple of hours to get my children fed, bathed and in bed, I'll be snuggling down with my lappy for the evening and I'll have a good nose and see if there might be something I can offer you in assistance.

  • Haha 1
Link to post
Share on other sites

Hi Wannabe sounds like my night ...... yes the action is against ME not my husband. I explained the facts that while I was on a test drive my husband signed the Agreement in my abscence and without my knowlege, I signed the sales invoice and having handed my vehicle over as deposit (no outstanding HP) I thought that was part in it, my husband also signed the direct debit mandate but I did not know it was in my name until I had cause to check the documents on our seperation (reconciled since) xxx

Link to post
Share on other sites

Very confusing but my interpretation is:

 

  • The default is invalid due to overstating of sums due
  • The other side is saying this is a de minimis issue
  • The agreement is not signed by you but by another person
  • Because you didn't sign the agreement Section 61 of the Act should apply
  • The other side are allowed to investigate conversion tort because your husband signed for the car when he shouldn't have
  • You need to establish a defence to this
  • You need to include a transcript of the Woodchester case to prove that an amount incorrectly stated on a default notice is NOT a de minimis issue.
  • All other issues relating to this case are not permitted to be mentioned, it is solely limited to the default and signing issues

I believe your strongest argument is the invalid default as it clearly isn't a de minimis issue and that can be verified with case law and statute. I also believe that you can honestly defend the signing issue as you weren't aware the agreement was solely in your name at the time of signing and that, as a consumer, you were already at a disadvantage when entering a contract with a large company so the responsibility to ensure accuracy and transparency within the contract should lie with the creditor.

There is further case law to support this but it won't come to mind at the mo :-(

 

I'll have a look with a clearer head in the morning :madgrin:

Link to post
Share on other sites

Thanks Wannabe I think I am on the right track now - reluctant to post what I have written on here in case The Enemy is watching ha ha ya never know!!!!. I have found the case law you mentioned and just for everyone's benefit I found the following site if googled invaluable

CHECK-MY-DEBT Live a Debt Free Life - Case Law Links

Not sure on my defence part wether I reiterate what i said in court and wether to volunteer my husband as a witness if required. Also uncertain as to how I present the info and wether to sell myself as the law abiding citizen I am ?????

If ok with you I will email you later with what I have put together overnight . Cant tell you how grateful I am for your support oops I just did x

Link to post
Share on other sites

Thanks Wannabe I think I am on the right track now - reluctant to post what I have written on here in case The Enemy is watching ha ha ya never know!!!!. I have found the case law you mentioned and just for everyone's benefit I found the following site if googled invaluable

CHECK-MY-DEBT Live a Debt Free Life - Case Law Links

Not sure on my defence part wether I reiterate what i said in court and wether to volunteer my husband as a witness if required. Also uncertain as to how I present the info and wether to sell myself as the law abiding citizen I am ?????

If ok with you I will email you later with what I have put together overnight . Cant tell you how grateful I am for your support oops I just did x

Sounds like a plan to me!

Here's a link to a site that gives you an idea of how you should set out and what should be included in a closing submission, HERE

 

I think it would be best to just stick to the facts that you've been permitted to address, judges hate having reams of paperwork to trawl through just to get to the bones of the matter. Keep it short but concise and you won't go far wrong :madgrin:

 

I'm going out for a few hours this evening but I'll be around on and off if you need owt.

Link to post
Share on other sites

Thread moved to Legal Issues Forum.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...