Jump to content


  • Tweets

  • Posts

    • Can you complete this ASAP also:    
    • 25/05/2024? That the deadline or the date of the claimform?
    • Banks have different limits above which they require Probate. So it may be Probate is not needed, although as he died with no Will that could complicate things. Is all the £28k with Virgin Money? Your wife should contact all banks who hold his money with the death certificate and ask them what they need to release the funds to her. Most banks have a central "bereavement department". Check their websites. Use that department rather than general call centre or bank branch if they have one. Nearly every bank website has a section on "what to do when a customer dies" so have a search for that. Your wife may also have to provide evidence that she is his daughter. When his wife died it sounds like they had a joint bank account so that's why her money just went across to him. But as it isn't a joint account now transfer to your wife won't be quite that simple.  
    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
  • Recommended Topics

  • Our picks

    • 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
        • Like
  • Recommended Topics

1st Stop and AoE by the old address judgement trick - help to set aside please ****Claim Withdrawn****


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4466 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

They could argue I was being awkward, but I'm not though.I need to know whatever information they have on me.Is it usual to send SAR requests in this way?I doubt that whatever is on it would include transcriptss of recorded calls because it would prove beyond any doubt (if there were any) how they obtained the CCJ in the first place..Signaller

Link to post
Share on other sites

  • Replies 388
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Same can be said of them why not include the password with the letter? why need a password?

So you ring up and get in contact ...... send it back and threaten to involve the ICO.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks Andy, will send it back.Never heard of a SAR reply in this way before.Are they just playing for time?I don't know.Obviously, I will update you all if there is anything else to ask/add.Thank You.Regards...Signaller

Link to post
Share on other sites

They would use the reason DPA so the password is separate, but then again what about paper versions.There a few companies that do use CDs

so there is no hidden agenda.The fact is you want a paper version .... end of.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Same can be said of them why not include the password with the letter? why need a password?

So you ring up and get in contact ...... send it back and threaten to involve the ICO.

 

Andy

 

I wonder if this is to do with acual data protection. Without a password anyone could read it - if they had the necessary equipment of course. I don't think it should be a problem getting a paper copy.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Equally anyone could read the paper version!

 

I see no problem in calling them for the password, as long as you can record the call. Getting the info is more urgent than being pedantic about whether it’s in writing.

 

Moreover, if they have supplied PDFs, that may provide extra info in the metadata in case anything has been fiddled with – I do a lot of PDF metadata analysing in my spare time...

Link to post
Share on other sites

Thank You both for your time yet again.I wouldn't say i was being pedantic, although I can understand why you might think that. I do not have the facility to access whatever is on the CD.Can I ask for a paper version, and do they have to supply it seeing as they have already replied to my SAR.As I said in a previous post, I'd rather not speak on the phone to them, especially after my last conversation.I also don't have the facility to record calls either.Signaller

Link to post
Share on other sites

what is on the CD??

 

easy sorted you have a PC!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thank You for dropping by dx.This computer at work does not have a cd drive, neither the one at the library near home, and I do not have a computer at home now.It may seem reasonable for them to send a cd, but equally I don't think it's unreasonable for me to ask for a paper version.I'm not trying to waste their time, but I do need to know what they've sent me.Thanks again for your time.Regards...Signaller

Link to post
Share on other sites

Is this still unresolved?:lol:

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

you must be friends with a neighbour or mate that has a cd drive intheir pc or lappy surely!

 

just get password and get printing.

 

pers i wouldn't see it as an issue to have a quiet word with the library staff, they'll have one and could do it for , most library staff will help if you explain its for a court case i'm sure

 

if you came into me i would

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Equally anyone could read the paper version!.

 

Exactly, so a password protected CD is safer, not to mention cheaper to post! Don't forget they only get a tenner.;-)

 

Phone the number for the password and tell them you can't get the info from the CD. I know that our computers at work don't have cd drives or any way of putting info on or taking it off from unauthorised sources, apparently to avoid possible viruses, or info being taken off our systems so I daresay other organisations are the same, but if you do have a friend who could help that would be a solution.

 

Back up the phone call with a letter to be on the safe side.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Thank You, to everyone who replied to my thread so far.Will have to phone for the password tomorrow or Monday.If I can access whatever is on the CD, I will have a look and get back to you again....Signaller

Link to post
Share on other sites

Not sure what to make of what was on the CD.There is no statement of account, no default notice,no termination notice, no transcripts of recorded calls, no details of any legal action.They have sent copies of all the ID they requested when I took out the loan.Copies of application form, copy of a loan agreement and seperate terms and conditions.There is a piece of paper regarding arrangement fee and broker fee.At the time I dealt with them direct, and did not go through a broker.When I say there are no transcripts of calls, there is a list of calls made to my work stating 'phoned Mr S at work but not in. Phoned Mr S mobile but no answer.Mr S requested everything in writing (yet they still continued to call).One thing that must go in my favour is a note stating 'Changed address on system'.There is a note saying 'Atlas letter sent to Mr S'. Another saying '2nd Atlas letter sent to Mr S'. Who is/are Atlas.I have NEVER heard from them or about them.They claim to have sent me copy of my agreement in late 2010.They have sent nothing.And even if they had, should it not have been part of their reply to my SAR?.There is a note stating 'Called Mr S mobile, and he had a very blazee attitude saying he will only pay if we take him to Court'. Let me assure youl this is not true.I asked for a statement of account to determine what I did actually owe them.Dated 17/03/2011 is a note stating 'Account for legal action'. and 28/03/2011 stating AoE gone to employer.Even if I had been aware of the CCJ, this timeline does not even allow me to defend it.Another not saying 'Fax sent to County Court'.If this is true, should there have been a copy sent to me in my SAR request?Sorry for the confusion regarding the recorded calls transcripts.There is no call mentioned about the one I received in February this year, so unfortunately it is my word against theirs on that.I need to go back to the library as there was not enough ink left in the printer.There are 86 pages in total but they still have not sent what I asked for.Am I right in thinking that usually an account could be put in to dispute if they fail to comply with a SAR? Bear in mind that they have already taken action, although enforcement action is suspended until the outcome of my Set Aside.I want to repeat, I am not trying to avoid a debt.I just want to know what I do actually owe, not what they say I do.Sorry for the long post.I thought I had everything clear in my mind, regarding the Set Aside hearing, I feel like I'm back at the beginning. Can someone please advise if/when you get time.Thank You, as usual..Regards...Signaller

I am aware that the Court will probably only be interested my grounds for a Set Aside, and not necessarily how they obtained the CCJ in the first place.I am confident (mostly thanks to yourselves) the Set Aside will be granted.I still want to go after them for the way they have conducted themselves, and will contact the relevant bodies in due course.

Edited by Signaller
Add further information
Link to post
Share on other sites

Probably not enough detail to put in paper format Sig:madgrin:

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Andy, thanks for popping by.I'm not thick, by any stretch of the imagination, but what did you mean in your post.What should I do now regarding the SAR, as they have obviously not complied..Regards...Signaller

Link to post
Share on other sites

I ment not enough detail to fill an A4.In all honesty you shouldn't be requesting details vis a DSAR once litigation as commenced anyway.

If you cant get enough detail or response from CPRs then change tact there are more ways to skin a rabbit.

Who advised you to do a DSAR anyway?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks again Andy for your time.It was my idea to SAR them, and was advised I could at any time.They wouldn't necessarily have to reply to a CCA request once legal action has commenced though.This is what I am led to believe...They have obtained the CCJ, and subsequent AoE via the back door (so to speak).I am confident the Set Aside will be granted, but how can I find out what I owe without a SAR.If the claim is started over again, I must be allowed to defend it.I have asked in the past for a statement of account and received nothing.I wanted a copy of the DN,TN etc; to help prove my case against them.They have not sent these.How would you skin this particular rabbit?...Regards...Signaller

Link to post
Share on other sites

Thanks again Andy for your time.It was my idea to SAR them, and was advised I could at any time.Incorrect any Claimant would regard it as a fishing trip once litigation as commenced They wouldn't necessarily have to reply to a CCA request once legal action has commenced though.Oh yes they would and is the best way to put the Claimant in default and use in any defence This is what I am led to believe..If the set a side is successful (which I hope will be) then the claim starts from the beginning and the use of the CPR plays part.They have obtained the CCJ, and subsequent AoE via the back door (so to speak).I am confident the Set Aside will be granted, but how can I find out what I owe without a SAR.CPR If the claim is started over again, I must be allowed to defend it.You will I have asked in the past for a statement of account and received nothing. They must now comply I wanted a copy of the DN,TN etc; to help prove my case against them.They have not sent these.How would you skin this particular rabbit?...Regards...Signaller
see above

Regards

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

They started litigation without my knowledge, and obtained judgement (by default) and enforcement,again without my knowledge.I didn't even know they were going to take action against me.They haven't followed the procedures.Am I now right in thinking that I cannot complain to them about what they have sent me.Or rather what they haven't sent me? Assuming the Set Aside is granted, what is my next step?CCA?SAR (again)?How can I defend if they start action again.I need to know what I do actually owe them if I am going to defend. If they haven't sent everything this time, I doubt they will if I have to ask them again.I'm sorry, I thought I understood the process but I am more confused than ever.Any further help/advice/comments will be greatly appreciated.Tha k You...Signaller

Link to post
Share on other sites

Dont be confused its quite straight forward.Sig not having the benefit of your whole thread (only coming in at the CD DSAR if you let me

digest the full thread I will be happy to advise further tomorrow.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...