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    • Well done topic title updated. Please consider making a donation if not already.   Andy
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website.  select respond to a claim and select the start AOS box..  then using the details required from the claimform . defend all leave jurisdiction unticked you might as well file our SB defence at the same time. 1 The Claimant's claim was issued on dd/mm/yyyy.  2.The date last payment made was the dd/mm/yyyy   3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.  4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.  5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.    
    • Thanks now refer back to my link first task is to acknowledge service of claim...all the instructions are provided in my link above and must be completed by Tues 25th June 16.00...also see instruction re sending a CCA and CPR request in the same link. 
    • Guys, i just got a reponse back from BP. Result.   Thank you, everyone, for your advice and help on this; case closed.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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      • 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
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      • 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
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Halifax problems-advice please


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I was given an arrangement by my bank (halifax) that would automatically cause me to default without warning unless i coughed up 3,000 (student overdraft, biggest mistake of my life!)

 

Of course I wasn't told this at the time! I was told when the "arrangement" ended I would need to renew it and pay a little more maybe to get it cleared, but I was never told how soon it needed to be cleared by and I was told I would not be defaulted if I kept up the payments (which I did it was halifax who stopped them)

 

I'm disabled, out of work, and totally failed by the benefits system, my partner and I live on his PART TIME shop wage and the charity of family. However thankfully I should be able to pay the full amount off by next month to avoid "legal action" But I'm 25 and just starting my adult life and I need the default notice overturned if I'm going to have any chance to buy a house or anything like that.

 

Thing is, if I had be told this automatic default notice was going to be served, I would have borrowed the money from family, or even worked the streets for heavens sake to avoid the default notice!

 

I was recommended by family and freinds to enter an arrangement for £5 a month that would hold them off for 6 months at least so I could get the money together, 3 months down the line I'm served a default notice.

 

First person I spoke to refused to give me a straight answer (here the pro

blem) I said 'I could afford £5 a month and that was all' (as recommended by family including someone who used to work for the Retail Bank Collections) then I asked him what I needed to pay to prevent a default notice, he told me I'm paying £5 a month. Well I know that but I can borrow money... so I asked him again, if I could find the money by borrowing from family, how much would I need to pay to prevent a default? He told me all I could afford was £5 a month, I think I maybe asked him 5 times for an answer and got nothing. So i hung up and called back to get somebody else. By this time though he had put through the agreement for £5 a month and the next woman said there was nothing she could do until it ended and I would be contacted after it ended to make another agreement. Well I wasn't, and got 2 letters through the door, one a warning of "legal action" and 2 days later the default. Phoned again today was told its automatic and when I said what I was told in the original phone call he covered his ass by saying he didn't know what I was told, so I told him to check the recordings. Hah.

 

Totally fuming as you can imagine, as had I been told the truth in the beginning i would have begged borrowed, and sold my own grandmother to avoid this.

 

Thinking of taking legal action of my own, Mother-in-law works for a lawyers office so she can get her boss to help me. but to be truthful I have little to no idea about the system so anything you wonderful people can tell me would be great.

 

I want to pay off the debt and I will as soon as i can, I just need this default notice to be overturned.

 

Thanks!

Edited by MARTIN3030
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  • 5 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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