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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Bhindi lover
      Judge & Priestly

      By Bhindi lover · Posted

      I left Dubai 8 years ago and intended to return. However a job prospect fell through. I’d been there for 15 years. Anyway I decided to pay my credit card and the bank had frozen my account. There is no means to pay the CC so completely unable to pay when I wanted to other than the bank advising me to ask a friend in the UAE to pay it on my behalf!  fast forward bank informs there is a police case against me for non payment. Years later IDR chased me and after months/ years they stopped. Now Judge & Priestley are trying their luck. Now I have received an email in English and Arabic from JP saying the bank has authorised them to collect debts. Is this the same as IDR although I didn’t receive anything like this from them. Just says they are authorised?
    • dx100uk
      PRA Group - PAPLOC now Claimform - Halifax Loan £20k+

      By dx100uk · Posted

      Please fill this out   Dx Pl
    • Milos
      Loose mortar from neighbours roof falling into our garden

      By Milos · Posted

      The neighbour's house is built right on the boundary so the side of their house is effectively the 'wall' in our garden separating the two properties. It's a three storey house and so the mortar poses a potential danger to us. Because of the danger, we have put up an interior fence in our garden to ensure we don't risk mortar dropping on us. That reduces the garden by 25% which is not only an inconvenience, but it's the part of the garden where we had lined up contractors to install a patio and gazebo which we will use for our wedding reception in less than 2 months. We have spoken to the neighbour's caretaker who is on the case, has spoken with a roofer and possibly a scaffolding company, but there are several issues. They don't seem to understand the urgency. As long as there is a risk of falling mortar, we can't carry out any work in the garden, and unless they hurry up, we're looking at cancelling our wedding as it's not viable to book a venue because we can't use our own garden! Also, they want to put the scaffolding up in our garden which would be ok with us if it was a matter of a few days and they hurried up, but there is a tree (most likely protected by the conservation area), so most likely they can only reach part of the roof with the scaffolding if they put it up in our garden. We suggested a roofer with a cherry picker but they seem to want to use a company they've used before. Any and all comments, suggestions, advice is more than welcome.  PS. does it make any difference that the neighbour is a business (ltd) and not a private dwelling?
    • jk2054
      Shock !!EVRI has lost my parcel PS5 - court claim issued

      By jk2054 · Posted

      No apology needed, thank you for what you do I am glad to hear they paid. well done on getting back what is yours
    • Mickgibbons1
      Shock !!EVRI has lost my parcel PS5 - court claim issued

      By Mickgibbons1 · Posted

      Apologies all for the late reply and info, i have been away with the Army. They have paid I accepted the offer on the 5th of May, and they paid on the 17th of May.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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caro

caro

Posted
Posted

Can you provide some context for your question please.

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.

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citizenB

citizenB

Posted
Posted (edited)

I think you have answered your own question. If there is no security, it is an unsecured loan - therefore a simple contract and would be statute barred after 6 years.

 

I would think the only exclusion to this would be where a loan was originally a secured loan - the asset for security was then repossessed and there was a shortfall. I suspect the shortfall could still be pursued for 12 years.

Edited by citizenB
correction

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Dot1

Dot1

Posted
Posted

CitizenB,

Does it mean if a loan is secured on a property and paid off. Can one still claim charges after 6 years from the time it was paid but less than 12 years or does it become SB? Apologies for hijacking the thread.

Thanks Dot

 

 

I think you have answered your own question. If there is no security, it is an unsecured loan - therefore a simple contract and would be statute barred after 12 years.

 

I would think the only exclusion to this would be where a loan was originally a secured loan - the asset for security was then repossessed and there was a shortfall. I suspect the shortfall could still be pursued for 12 years.

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emanevs

emanevs

Posted
  • Author
Posted (edited)
I think you have answered your own question. If there is no security, it is an unsecured loan - therefore a simple contract and would be statute barred after 6 years.

 

I would think the only exclusion to this would be where a loan was originally a secured loan - the asset for security was then repossessed and there was a shortfall. I suspect the shortfall could still be pursued for 12 years.

 

A simple contract is statute barred after 6 years:

5 Time limit for actions founded on simple contract.

 

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

 

A loan cannot be a secured loan, if never secured.

Edited by citizenB
correction
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citizenB

citizenB

Posted
Posted

My apologies.. I put SB after 12 years.. that was meant to be 6.. I will amend..

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citizenB

citizenB

Posted
Posted
CitizenB,

Does it mean if a loan is secured on a property and paid off. Can one still claim charges after 6 years from the time it was paid but less than 12 years or does it become SB? Apologies for hijacking the thread.

Thanks Dot

 

It is my understanding that any penalty charges can be reclaimed 6 years after the point at which you became aware they were not permitted. I will have to ask one of the other site team members to confirm that for you.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Dot1

Dot1

Posted
Posted

OK Thanks.

It is my understanding that any penalty charges can be reclaimed 6 years after the point at which you became aware they were not permitted. I will have to ask one of the other site team members to confirm that for you.
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citizenB

citizenB

Posted
Posted

Dot, apparently my answer is correct :)

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Uploading documents to CAG ** Instructions **

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Anyone know where I can view this online?

 

many thanks

Google Sweet & Maxwell you will find it on that site I think.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
cant view it there sorry

 

 

I believe you will have to purchase the 8th Edition.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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rdm2006

rdm2006

Posted
Posted

an offer is just that "an Offer" you do not have to take up that offer and that offer usually lasts a month or two, however, if you did take up that offer then it is from when the offer is "drawn down" ie completed by both parties.

 

or at least that is what it used to be.

 

If you understand any of that can you explain it to me please ha ha

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Ell-enn

Ell-enn

Posted
Posted
I thought that as a mortgage has a limitation period of 12 years (not 6) then you have the same 12 years to reclaim excess fees

 

Yep, they can pursue you for 12 years so it works both ways

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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rdm2006

rdm2006

Posted
Posted
A mortgage is security for a loan. a mortgage is a loan to purchase property and the property is the security

If there is no security for a loan, and no mortgage contract - what is it?

Does it become a simple contract for a debt? and statute barred after 6 years.

 

 

If you took out a mortgage on a property which has subsequently been sold (for what ever reason, repossession for example) and the sale has not satisfied the mortgage debt the remaining balance is a mortgage shortfall and has 12 years before being SB, however, if your lender is a member of the mortgage council then they will not begin actions after 6 years.

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emanevs

emanevs

Posted
  • Author
Posted

Hi,

 

Notwithstanding, an IVA, Bankruptcy and 8 years a company is still reporting to credit reference agencies that I owe them money.

 

The CRA will not remove the information, and the ICO are a waste of time.

 

What can I do to sort this out???

 

Angry is not the word........they are ruining my life.

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dx100uk

dx100uk

Posted
Posted

was the debt part of the iva and/or BK

 

 

and is it defaulted?

 

 

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... 

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dx100uk

dx100uk

Posted
Posted

have you got proof

if so it should be removed forthwith.

 

 

assuming ofcourse each did not fail?

 

 

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... 

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dx100uk

dx100uk

Posted
Posted

sent the creditor a copy and demand they remove it

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... 

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