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    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do medication and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
    • LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
    • I have initiated the breathing space so ill wait. from re reading everything this what i understand BS gives me 60 days break from the creditors during these 60 days they may contact me and will most likely default I need to wait until after a default notice to see whether the OC will keep the debt or sell it off If kept by the OC then i should attempt a plan or pay some token payment? If sold to DCA then don't pay and after 6 years it will leave my credit report once the DN is registered with a date. DCA may start a CCJ but unlikely, if they do come back here. last question, do you know roughly how long this will all take? in terms of defaults/default notice, potential CCJ? Would you say I have 12 months plus from when the BS ends?
    • Well, it's up to you. Years & years & years ago the forum used to suggest appealing to POPLA, but then AFAIK POPLA's remit was changed and it became much more biased in favour of the PPCs. One of the problems with taking that route is that the onus will fall on you to prove your appeal, while if you do nothing the onus is on MET to start legal action which experience teaches they are very, very reluctant to do. If you go down the POPLA route I would think your ace would be insufficient signage.  Are you able to go back there and get photos of their rubbish, entrapping signs?
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    • 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
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Tessera/ELS/Cole Claimform southend court - old with halifax Cetelem loan ***WON*** Court case dropped and compensation paid***


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Hi Penfolds,

 

As court action has already been started, you do not have to send a SAR and pay £10 for each, nor a CCA request

 

Anything you require that's referred to in the POC, you will seek direct from the Claimant's solicitors using a CPR 31.14 request. I'd seek the credit agreement, Default Notice, Termination Notice, Notice of Assignment and all account statements, based on the fact that they refer to "the account" in their POC.

 

Anything further that you require that is not mentioned in the POC, you will seek using a CPR 18 request.

 

The Stickies at the top of the forum have much useful info about using the 2 types of CPR requests.

 

:-)

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Guide here but it is aimed at reclaiming credit card charges - http://www.consumeractiongroup.co.uk/forum/content.php?565-Allocation-Questionnaires-A-guide-to-completion

 

It should still be useful if adapted for purpose.

 

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You don't HAVE to attach Draft Directions although you could take the opportunity to seek the disclosure of any documents you require.

 

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Hi Penfolds,

 

I assume, as they agree to remove any CRA entries, that they are writing the debt off as well as stopping the current litigation.

 

However, you should seek their confirmation on this and make sure their client is agreeing to:-

 

1. Write off any balance on the account.

 

2. Remove all credit entries regarding it.

 

3. Not take any further recovery action or pursue any future court action for the account.

 

Ask for this in an email to them.

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Hi Penfolds,

 

Well done to you and to Jasper who has given you great support.

 

:wink:

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Thread title changed to reflect your win !!

 

:wink:

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Thanks for the Site Donation and I hope your thread will inspire others to take a stand, seek help and fight.

 

:-)

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