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    • Visiting scotland I came across a car park at The Falls of Shin operated by Civil Enforcement Limited. The car park requires visitors to pay using the awful Phone and Pay app or over the phone using an eqully terrible automated service. Their signs state a time limit of 10 minutes after arriving to pay, and both methods require needlessly lengthy registration process only for payment to be rejected when attempting to pay by both. The Cafe were able to offer us some assistance and register our vehicle so hopefully we sould avoid a fine but this seems like entrapment and would still stop us returning again. How is this legal without giving visitors the option to pay on site?
    • click the link. dx  
    • There are two things to immediately clarify. Firstly, why did court papers go to the wrong address?  In 99% of backdoor CCJ cases here the person moves and doesn't update the vehicle log book address.  Or they move and they don't inform the parties who they are in legal dispute with of the new address.  Does either of these apply to you? Secondly, given this has been going on for over three years without presumably any ill effects on you, how important is it for you to have a clean credit file?  I ask as, if you do absolutely nothing, the CCJ will disappear in April 2027.
    • Sorry to ask, but I know I had SB template on PC, but can't find it. Also any search for template\SB letter takes me back here.  Any help to get to SB letter would be appreciated. I know I used it on a car HP co that wouldn't honor my FCS refund and after 6 years came threatening ( or rather their DCA). Worked a treat. Thanks in advance
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    • If you are buying a used car – you need to read this survival guide.
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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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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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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bryan carter letter - advice very welcome!


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Today I received a letter from Bryan Carter advising that if I do not make full payment within 14 days then he will recommend to his client that proceedings be issued without further notice. The debt is from an original loan and a credit card from EGG. It was passed to Credit Solutions some years back and I was paying them at around £45 per month but a few months ago I could afford it no longer and cancelled the payments. They passed the debt to Fredrickson International who have sent me several letters all of which I have ignored. The alleged amount is £1507.68 but I have no way of checking this. The letter says I should telephone Fredrickson immediately to avoid further action but the last thing I want is them knowing my telephone number. I would be grateful of any help as to how I should proceed with this.

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yes, I have been reading them all morning. I have drafted a letter asking for CCA. Should I send this now or wait for a follow up letter from him? thanks so much for replying

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Guest Cartaphilus

Then, as you say, you don't know the exact amount ... Send CCA request ASAP, do not wait for rubbish letters from them until doing so. The template letter is in the library on CAG. Follow the instructions as per the letters page. I can't give a link as not on pc.

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I have received a reply to my request for a CCA which I sent to Bryan Carter. The reply came from Frederickson International saying that they are unable to provide the documentation and I should request it from EGG, who they refer to as their 'client'. I am not even sure if EGG is their client as this debt was passed on from Credit Solutions. They say I should continue to maintain payments as agreed. But they know I am not making any payments hence their chasing me! Can anyone advise me as to what this means? Thanks

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It means they are in breach of your legitimate CCA request, and you should now send the n‘account in dispute’ letter.

 

They were obliged to forward the CCA request. The fact that they have not is tough. Did you get the payment returned?

 

I have made no payments to them whatsoever. Any payments I have made in regard to this debt have been to Credit Solutions who have passed the debt to them. That is why I am confused as to their request to maintain payments.

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It means they are in breach of your legitimate CCA request, and you should now send the n‘account in dispute’ letter.

 

They were obliged to forward the CCA request. The fact that they have not is tough. Did you get the payment returned?

 

Thanks for your help thus far DonkeyB. I have located a copy of account in dispute letter but it is not yet 12+2 days since I requested the CCA and so I wonder if the account can yet have entered default. I requested the CCA on 15th and they replied today. Do I have to wait or can I send the letter regardless?

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Agree with the others' advice. The £1 postal order was for Frederickson to comply with your CCA request. They've failed. Account in dispute...

 

But... do Frederickson own the alleged debt or are they "acting on behalf of"?

 

I don't know how these things work. After defaulting with EGG the debt was passed to Credit Solutions. I was paying them monthly for several years then I just couldn't afford the payments . They passed the debt to Fredrickson then to Bryan Carter and now I seem to be dealing with Fredrickson again. They refer to EGG as their 'client' but I'm not sure how this can be

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You need to ascertain who actually owns the debt now. Could you let us know what was in your latest letter from them, or even better, scan and post it? That should give an indication of whether Frederickson are collecting on behalf of Egg or if they now own the alleged debt themselves. Don't forget to remove any personally identifiable info - including account/reference numbers and bar codes.

 

This makes a difference as who to contact/argue with! :)

 

 

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You need to ascertain who actually owns the debt now. Could you let us know what was in your latest letter from them, or even better, scan and post it? That should give an indication of whether Frederickson are collecting on behalf of Egg or if they now own the alleged debt themselves. Don't forget to remove any personally identifiable info - including account/reference numbers and bar codes.

 

This makes a difference as who to contact/argue with! :)

 

I can't scan the letter. It is very brief. It says:

 

"We return herewith your payment of £1.00 as we are unable to provide this information. If you require documentation you can request this direct from our Client but in the meantime you must continue to maintain payments as agreed."

 

They then give me EGG's address.

 

Last week Bryan Carter was threatening prosecution now I am back with Frederickson. I was under the impression that Egg sold the debt to Credit Solutions to whom I was making payments for years. When I defaulted on those payments the debt was passed to Frederickson

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I can't scan the letter. It is very brief. It says:

 

"We return herewith your payment of £1.00 as we are unable to provide this information. If you require documentation you can request this direct from our Client but in the meantime you must continue to maintain payments as agreed."

 

They then give me EGG's address.

 

Last week Bryan Carter was threatening prosecution now I am back with Frederickson. I was under the impression that Egg sold the debt to Credit Solutions to whom I was making payments for years. When I defaulted on those payments the debt was passed to Frederickson

 

Regardless of whether or not they own it, if they're trying to collect the debt Fredericksons have a legal obligation to pass your CCA request to Egg. The easiest way to see if Egg has sold it is to have a look at your credit file free online. If it's been sold it will be marked as settled. You'll also probably be able to see who bought it if it was sold.

 

These things always do the rounds and will probably pass through several more DCA's. Bryan Carter is known for issuing legal threats - only occasionally does he see them through and often slips up in the process.

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Regardless of whether or not they own it, if they're trying to collect the debt Fredericksons have a legal obligation to pass your CCA request to Egg. The easiest way to see if Egg has sold it is to have a look at your credit file free online. If it's been sold it will be marked as settled. You'll also probably be able to see who bought it if it was sold.

 

These things always do the rounds and will probably pass through several more DCA's. Bryan Carter is known for issuing legal threats - only occasionally does he see them through and often slips up in the process.

 

Thank you. I would imagine that if Credit Solutions purchased the debt around 5 years ago it would be difficult for another DCA to be collecting on behalf of Egg. I have paid a substantial amount to Credit Solutions and they must have passed the debt on when my payments stopped. I'd be grateful of anyone could shed any light on how these things work.

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