Jump to content
  • Tweets

  • Posts

    • I'm after some advice before I fill in and return the section 172 "request for driver name and address".  I am the registered keeper of the vehicle stated . The alleged offence (Exceeding variable Motorway speed limit 68mph in a 60mph zone) was committed on 29/07/2020, the NIP is dated 31/07/2020.  On Wednesday the 29th July 2020 a friend and I were driving for a much needed break from South Wales to spend a few days in Yorkshire, we shared the driving for the 4.5 hour journey at just over an hour at a time each.  My problem is this, 1.I have no idea of the location or recollection of the place to which the police refer (M1 Northbound Duckmanton Derbyshire?)  and 2. I cannot say with any accuracy which of us were the driver at that particular time.  I have a clean driving licence and am usually very speed aware using the cruise control at most times. an offence for a mere 8mph on a motorway with everything that is going on at the moment seems extremely harsh IMO.   I would much appreciate if anyone could offer help / advice at what I should do next? Many thanks  🙁
    • Hello just asking,? I purchased a discount new cooker as it had cosmetic damage, paid £250 After a few days I noticed the fan never went off, I contacted the company and they finally collected the cooker and took it away, ( for 7 days) And fixed it,   It never seamt right? It steamed up in the clock panel and the oven door was mis-lined It had multiple dints in the sides Top panel missing on the door to stop food dropping in, Shelving didn’t fit well Then main fan started to rattle and tap   I put up with all this as it was *discounted Then one day whilst cooking we could smell a funny smell Turns out the wires had melted on the back of cooker I contacted the company again and it took a lot of phone calls to try and get the problem dealt with, speaking to several different staff....I wanted a refund or replacement I had had the cooker 6 months just! I asked for a refund or replacement    I contacted trading standards and citizens advice and they advised me what steps to take! Finally the company offered to replace the cooker, then later changed! As they explained that nothing came in to replace it they were too damaged! ( been told they buy at auction damaged) They wanted to look at the cooker and inspect the damage themselves, so I agreed they collected the cooker, No update, or communication I had to constantly chase them up Nothing was sorted out with 7 days we had no cooker, I threatened Trading standards were now involved Last thing on a Friday in June they rang to say I can collect the cooker it’s fixed!!!! I had expressed all along I didn’t feel safe using this cooker anymore with my family I didn’t want this cooker fixing again ( by whom) They started to blame me and said I should be grateful they aren’t charging me for the repair!   Still today in August this is not resolved  Trading standards have been useless  Citizens advice have told me to take them to small claims court!???? I have had to purchase another cooker  As I’ve been left without one.   I am in a vulnerable situation in life, Im a carer for my husband and have children and have no one to help me sort this mess out! I am struggling with making the county court claim ? What shall I do?   ( sorry for long message) ✨
    • The committee's report is pretty damning, isn't it? The Home Office refused to supply the scientific evidence it said its decisions were based on and you can possibly see Demonic's hand in this - he has form for ignoring select committees.
    • and that facts start to come out 'Inexplicable' failure to quarantine travellers to the UK made pandemic 'far worse', say MPs UK ‘almost unique’ in rejecting border checks in crucial March period – without scientific basis – as hundreds of infected passengers arrived every day   https://www.independent.co.uk/news/uk/politics/coronavirus-uk-quarantine-travel-cases-deaths-covid-a9653451.html   "Strikingly, it says the Home Office refused to set out any scientific advice to explain the “grave error”, despite repeatedly promising to do so – a stance attacked as “completely unacceptable”."   So even aside from not testing in any way people who returned: "Yvette Cooper, the committee’s chair, said the critical mistake was the decision on 13 March – 10 days before lockdown – “to remove all self-isolation guidance for travellers arriving in the UK”."   "The MPs also pour scorn on the Home Office’s argument that 99.9 per cent of arrivals are obeying requirements to quarantine for two weeks, finally introduced in June. They describe the claim, made by home secretary Priti Patel as “unreliable”, because it appeared to be based only a limited number of compliance checks made and three fines issued."       So not only did Johnsons cronies NOT make any efforts whatsoever to test people returning, and NOT properly check people were self isolating, they actually stopped telling returnees to self isolate for 10 days before the country was locked down as the number of epidemic infections exploded.   Wonder why?   "The committee’s inquiry heard that, in the crucial 10 days between scrapping isolation guidance and the lockdown, up to 10,000 infected people arrived."  
    • You can pay on the day of travel or by midnight the next charging day..   Appeal to TfL on the grounds that you have already paid within the allowed time and enclose proof of payment.
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 8 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
donein

court papers received from original creditor but debt & legal rights assigned - adivce and help please!

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3625 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

In a nutshell, owed 3 instalments. Santander issued default notice - I believe default notice is incorrect due to time given. (from what i have learnt reading on here.

 

Termination notice then swiftly followed.

 

I then made a couple of payments.

 

Account was past over to debt collectors but I now realise they were still Santander. But just used different name -Code Red.

 

Then account was purchased and by another company and legal rights assigned according to company.

 

Sent SAR reuqeust to santander and CCA request to new debt company. New debt company letter clearly states they are now responsible as from May this year.

 

In April I tried to make payments but Santander refused.

In May I tried to make payments but Santander refused. Have proof of this

 

Nothing received in regards to CCA request.

 

Now though, I have received a court claim for the return of the goods issued by Santander the original creditor.

 

Is this correct as I thought they had assigned their legal rights and the new company purchased the debt?

 

Well confursed. Also court papers sent to different address and mention a default notice servied on me a week later than the one I did receive.

 

Plus, I have also recieved a letter informing me account has now been terminated dated July from Santander - after they had transferred their rights to other company.

 

Well confused???

 

How do I defend ? Can I defend?

Share this post


Link to post
Share on other sites

i need you to post up the county court claim form (minus personal detail) claim number, name , etc but leave in the perticulars of claim

 

any default notice from santandar

 

you state return of goods order

is this car finance and do you still have the agreement

 

google photo bucket to post

Share this post


Link to post
Share on other sites

Ok - just need to pop out but will post up on return.

 

Yes have original agreement - or copy that was sent to - its barely legible but will post it up in about an hour along with claim form etc.

 

Thanks!!

Share this post


Link to post
Share on other sites

Did you recieve a Letter of Assigment at anytime? The letter "should" come from the original crediter not the dca....strickly speaking it needs to be whats called strict proof, a signed for letter...

This might fall under the Enterprise Act, as there are certain things they need to follow, clearly in this instance they have not follwed, i may be wrong....

 

There is also the question of if they handled your data correctly, it seems to me that the DCA had a copy of your data before you had the LoA, don'y give up on the request for the CCA, make sure you request a copy within your defence and to date they have not sent you anything...

 

trooper68


Trooper68:)

Share this post


Link to post
Share on other sites
Did you recieve a Letter of Assigment at anytime? The letter "should" come from the original crediter not the dca....strickly speaking it needs to be whats called strict proof, a signed for letter...

This might fall under the Enterprise Act, as there are certain things they need to follow, clearly in this instance they have not follwed, i may be wrong....

 

There is also the question of if they handled your data correctly, it seems to me that the DCA had a copy of your data before you had the LoA, don'y give up on the request for the CCA, make sure you request a copy within your defence and to date they have not sent you anything...

 

trooper68

 

Hi Thanks guys.

 

Yes I have the agreement but it is very difficult to read. That said, upon my deciphering I think it is likely to be enforceable.

 

DCA sent letter of assignment but can't remember how it was delivered.

 

DCA wrote to me months before assignment. DCA have not complied with Section 77/78/79 request.

Share this post


Link to post
Share on other sites

Share this post


Link to post
Share on other sites

give me 20 minutes to go through them

Share this post


Link to post
Share on other sites

give me 20 minutes to go through them

Share this post


Link to post
Share on other sites

thats a realy bad copy of an agreement

 

is the original that bad or just a bad upload

Share this post


Link to post
Share on other sites

thats a realy bad copy of an agreement

 

is the original that bad or just a bad upload

Share this post


Link to post
Share on other sites

hats a realy bad copy of an agreement

 

is the original that bad or just a bad upload

Share this post


Link to post
Share on other sites

hats a realy bad copy of an agreement

 

is the original that bad or just a bad upload

Share this post


Link to post
Share on other sites

my isp has gone funny

 

back later

Share this post


Link to post
Share on other sites
hats a realy bad copy of an agreement

 

is the original that bad or just a bad upload

 

yes that is exactly how bad it is.

Share this post


Link to post
Share on other sites
yes that is exactly how bad it is.

 

Not a bad upload - original included with court papers is that bad and hard to read

Share this post


Link to post
Share on other sites
my isp has gone funny

 

back later

 

 

Ok thanks

Share this post


Link to post
Share on other sites

Right today i have acknowldeged court papers saying I intend to defend. Note: court papers sent to wrong address

 

Also sent letter re CPR 31.14 reuqest for copy of a legible agreement and default notice.

Share this post


Link to post
Share on other sites

I take it you sent the cp 31.14 to the people who issued the claim

 

there details will be on the blue n1 court claim form with the bit where all correspondants are to be sent to

 

by recorded delivery i hope

Share this post


Link to post
Share on other sites

Hope you sent it by recorded delivery

 

the dca were not code black or red were they

Share this post


Link to post
Share on other sites
I take it you sent the cp 31.14 to the people who issued the claim

 

there details will be on the blue n1 court claim form with the bit where all correspondants are to be sent to

 

by recorded delivery i hope

 

Hi

 

I sent it to the solicitors. Acting for OC and yes sent recorded.

Share this post


Link to post
Share on other sites

Here are my questions from the PoC the solicitors sent

 

Point 2 of the POC states that they, the OC aka the claimant are the correct party to be pursuing this claim... but ARE they?? When i received the letter of assignment from the DCA???

 

Point 5 sub point j - the defendant was served a default notice sent by first class post dated 15th december.... but the only default notice I received was dated in Nov.

 

Point 6 - the amount stated at the time of default 1004.18 not the same as on my default notice served in Nov.

 

Point 7 - "By reason of the termination of the agreement by the notice........" so what does this really mean? I know I sound stupid here but does this mean that they are saying becuase I did not respond to their default notice as served allegedly on 15th Dec by 1st class post that the agreement was terminated as a result of the said notice? If the answer is yes then I am confused by point 8

 

Point 8 - "Further or alternatively, by reason of the defendant breaches of the agreement by failing to pay the instalment, the defendant evinced (meaning Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion - yes I had to look it up!) an intention no longer to be bound by the agreement and repudiated it. By the said notice, the Claimant accepted that repudiation.

 

Ok, so for my small brain, this I believe says, the fact I didn't pay means that on strength of default notice allegedly sent 15th Dec means it was my intention for the agreement to be terminated.

 

Ok, so 15th Dec - at this time is the lead up to Christmas. Busy time. Holiday period. Yet even so I made a card payment of just one instalment on 24th Dec. Yes Christmas eve, I rang them, spoke with them and arranged to pay again in the New Year - ecplained I had lost my job .

 

Also, just to point out. They are stating they sent default notice by 1st class post. Yet I have no recollection of receiving this default notice. The default notice I received was back in Nov.

 

So assuming, there is a a default notice as sent 15th December by 1 st class post taking into account Christmas and New Year hol. That would mean i had until (I think) 7th Jan to pay. Yet I paid 1/3 of the amount due and made an arrangment to pay over the phone.

 

Also, as I had made an effort how can they say it "evinced" it was my lack of action that determined them to believe the agreement to be termination as a result of the notice??

 

AND, how come they sent me a termination notice on the 6th Jan??? Surely i had another day to pay? I had already made one payment ?? And i had explained my circumstances and agreed (so I thought) a way forward.

 

Have to be honest I would really appreciate some help.

 

Also, in Feb I received a letter from debt collectors - i now know this is just another company of the main OC not a separate company,

 

Then I received letters etc. from another DCA starting from March and in May this same DCA wrote to me informing me they had legally purchased the debt and that OC had transferred o/s balance including all rights and interest in the agreement.

 

Yet how come if as that letter states, the DCA has bought the agreement and rights and all payments should now be made to them am I being taken to court by the OC and NOT them????

 

Am I making any sense????????????

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...