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    • as this situation has now come up again for you, how confident are you that if you get on the straight and narrow with having a respite of 60days (Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk)... would you then be able to resume ok? if not quite honestly, the very best thing you can do is to get ALL your debts defaulted by the issuance of and the registering of a Default Notice from each creditor. this is done by stopping ALL PAYMENTS, it wont hurt you short term, esp as all the debts are still with the Original Creditors. this of course will kill credit for 6yrs, but, will cause the debts to vanish from your file (paid or not, paying or not) on the DN's 6th B'day, but of course that wont mean the debts are not still owed, legally, just your file will be clear of them all. if you read a good 10-20 of the stories in this very same forum you found to start yours, you'll soon get the idea behind the advice given. as for things like IVA/BK etc NEVER EVER do those, that secures unsecured debt. just contact one of the free DMP providers and get breathing space implemented, that gives you a 60 day buffer to firm up your future actions. but DO NOT enter into a DMP, do one yourself. they can be a bit pushy, but simply insist you just want breathing space invoked, i would only be giving them enough info to achieve BS too, don't give them anything you don't need too, they are funded by the banks and debt collectors and can sometimes be over intrusive and nosy wanting info that is better not revealed. dx    
    • “Not realising it was a no parking zone” doesn’t help you if the timing is correct, as (at least, on Google Maps / View) there is clear signage ('7am to midnight', parked at 15:22) What might be worth pursuing is the "ticket handed to driver" aspect : do you have any view on why they would be  stating that?
    • it's 85k of turnover (well, now £90k). However, you're digging yourself into another hole here. That ship has probably long since sailed. Is it worth pursuing this? You're not going to get anything back from it either way.
    • Hi,   A few pointers from yesterday to take note of evris cpr 27.9 failed again so we should really make issue of this also their WX fail to comply with CPR so again we should take issue with their statement of truth  you cant get tort if you get damages under subsection 7 of CRA because its double recovery  - not sure what we think of this? however its the first time i saw the judges make reference to your non automatic rights from s49 which s54 and 57 assist with. We should start stating this specifically for claims as I think its much better than just 49 and 57 as we need to make it clear where our non automatic rights come from as 54 automatic frankly dont help  I have sent the claim form and defences to the admin email because I can’t upload them for some reason as it wont let me but thought this may help as its the first time we’ve taken tort to trial. although i think the DDJ was honestly struggling to understand some parts of the law because he was asking me about them and how he should interpret them, especially for the automatic. Will apply for transcript if you want it?
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      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.  

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      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.

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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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Trouble with a Payday lender


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Hello,

 

I'm a total newbie and have tried searching for an answer to my question before posting so apologies if the answer is already out there, but I couldn't find it.

 

I'm really after some advice in regards a payday company trading under the umbrella of WageDayAdvance,

 

Before I go any further I wish I had never been so silly as to get involved in this whole world of payday loans but I did and I did quite severly, I at my lowest point had 7 different payday loans.

 

Over the course of a year, I only ever missed the payment to one of these companies and so always remained up to date with settling or 'rolling over my accounts' by repaying the agreed sum.

 

However I realised things were spiralling out of control and so with the financial support of my mother I contacted all the companies and obtained bank details and reference numbers, which my mum then used to settle the loans for me, I now will be repaying her, at a much lower rate!!

 

Six of these companies gave me no problems and have also responded to my request to place a restriction against my details preventing me from taking any future loans out with them - I simply said I would reagrd any future contract null and void and would have no intention of repaying any money.

 

The seventh company, WDA however have been a different story entirely. The payment was made from my mothers account on 12th december and was the middle transaction of the 7. The funds have clearly left her account and WDA have confirmed since that the account and sort code numbers used were the correct ones. the total amount paid was £493 plus a few pence.

 

After three days I contacted (Edit) from their collection team and asked for an update, he informed me that they had not yet recieved the funds. After daily phone conversations chasing updates, (Edit) informed me that he would still be processing the payment from my account on the previously agreed date of 24th december.

 

I emailed him back and stated very clearly that I did not authorise this payment to be decducted and would consider any attempt to proceed as a fraudulant attempt to obtain funds.

 

Needless to say on 24th, the money was taken from my account and in the many conersations since they are still insisting that they have only recieved that payment.

 

My mothers bank is now in the middle of an investigation and I have no doubts that this will result in either me or her recieving the near £500 back.

 

However given the clear conversation, once I have had confirmation from WDA that they do indeed have both payments, will I stand a good chance of prosecution if I take them to court? I feel very aggrieved that in trying to help me out, my mother has been through untold stress over the festive period as between us we have paid of this loan twice, If possible I would like to raise a claim against WDA for £50 per day that they have had both payments, so effectively from the 24th december.

 

Any advice/ feedback or tips would be greatly appreciated.

 

many thanks and happy new year to you all

 

Exeter

Edited by maroondevo52
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Hello and Welcome, exeter2005.

 

I'll move this thread to the appropriate Forum.

 

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

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Hi Exeter

 

I suspect getting your money back is the main priority. I would take them to court to retrieve this if needbe. As for compensation I think you would be gambling. I would personally cancel all cards they have access to just in case they try and gel themselves to some charges of their own.

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hi, yeah thanks for the reply I will have no hesitation in taking further action if they hold onto the double payment for much longer. I just think its disgusting that they can be so blatant in their procedures as to do this and would like to take them to task over it....

 

but your probably right! :)

 

cheers

exeter

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hi Exeter, WDA are normally quite easy. i would try and get the money back from WDA, no threats or requests for compensation because it'll not help and probably wont be awarded. if that doesnt work call your bank and show them proof of payment from your mum's account and insist that the bank reverse the transaction and send you your money back they may say no but try harder...!

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  • 6 months later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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