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


  • Tweets

  • Posts

    • honeybee13
      HMRC seek repayment after Fast Tax Rebates Ltd take most of rebate

      By honeybee13 · Posted

      Hi Schipoo and thank you for the update.   Excellent news for you and a huge relief, I imagine. You might like to start a new thread about Independent Tax if you want advice on that problem. HB
    • Schipoo
      HMRC seek repayment after Fast Tax Rebates Ltd take most of rebate

      By Schipoo · Posted

      Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
    • dx100uk
      Motor Mart Ltd. returned Faulty Car Court Claim Issued

      By dx100uk · Posted

      we dont allow that sorry dx  
    • NewsBot
      Kenyans' tax burden and why President Ruto wants them to pay more

      By NewsBot · Posted

      President Ruto says Kenyans pay less tax than citizens in some other African countries.View the full article
    • stu007
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By stu007 · Posted

      As PM Sunak really showed his true colours at the D Day Commemorations by doing what? Oh I am the British PM lets just leave early I have better things to do and as he is called out on disrespecting all those veterans that served our country for the freedoms we have today he gives a groveling apology to little to late. He knew about this event for a long time and also knew that this is probably the last D Day Commemoration due to the age of those Veterans who gave so much for there countries freedom. Even on the day of the D Day Commemoration he still could have changed his plans As PM and stayed but choose not to showing such DISRESPECT to those Veterans, those that lost there lives and Families for the Freedoms we have today Being a Veteran myself I have never known a PM to show such disrespect what the hell was he thinking SHAME ON YOU PM SUNAK  

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

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

      BankFodder posted a post in a topic,

      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
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Cap1 & CCA return

tamadus

By tamadus
in Capital One

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4977 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

Goldlady

Goldlady

Posted
Posted

I think that is a proper agreement which creditors were were supposed to send out after you had applied for the card, which you were then supposed to sign and return. I think in many cases these agreements were never sent out at all and if they were the creditors didn't push for their return, which is why so many people are succeeding when they ask for a copy of their CCA.

 

I notice now that any credit agreements I am involved with (not my own - never again!) actually insist on the signed agreement being returned and they chase it if you don't.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites
  • Replies 17.3k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

ncf355

ncf355

Posted
Posted
Just a thought to ponder.............

 

We know that if an agreement is missing a prescribed term then the court is forced to declare it unenforceable.

 

Now assume that an agreement is missing a required term..............its improperly executed and can only be enforced by order of the court.

 

ok we all agree

 

so you go to court and the court enforces it..... unfortunate, but hey this is the real world !

 

Was the charging of interest and demanding payment .....even issuing default notices before it was PROPERLY executed......LEGAL??

 

this has been puzzling me for a while now, I would welcome any thoughts

 

rgds

 

Dave

 

Utterly bizzare DF!

 

I was just thinking of the same and cant remember this being properly debated, so I've decided to start a spin off thread

 

Can we have contributions from our more learned members please?

 

(that includes YOU, DF!)

 

:D

 

 

THREAD HERE

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

Link to post
Share on other sites
Otto Bender

Otto Bender

Posted
Posted

Hello brothers and sisters - I'm completely new to this site - and the concept of DIY-escape-money thingy. It seems that the very first step is this asking for a cca from whoever you owe to...yeah? (I have been paying lumps to egg, mbna and nat west... It all gives me hope but I get this terrible feeling that I signed soemthing! Anyway... I should just send em the letter (with the £1) to find out...is that the start?

Also do I need another thread for bank charges? Which one? (it's a whole universe in here init?) I've had Barclays egt over 1.5 K off me in the last few years I worked out tomight after being online last... WOW - any comment fing greatly appreciated thanks - Otto

Link to post
Share on other sites
BlueSquirrel

BlueSquirrel

Posted
Posted
Are they claiming you signed an MBNA agreement when you didn't? Or is it just a blank agreement?

 

It is a blank one. They say they have not been able to photocopy my original agreement and hope this one will be sufficient for my purposes. They have not used the phrase "true copy." I think they are wriggling here perhaps?

Link to post
Share on other sites
davefirewalker

davefirewalker

Posted
Posted
Hello brothers and sisters - I'm completely new to this site - and the concept of DIY-escape-money thingy. It seems that the very first step is this asking for a cca from whoever you owe to...yeah? (I have been paying lumps to egg, mbna and nat west... It all gives me hope but I get this terrible feeling that I signed soemthing! Anyway... I should just send em the letter (with the £1) to find out...is that the start?

Also do I need another thread for bank charges? Which one? (it's a whole universe in here init?) I've had Barclays egt over 1.5 K off me in the last few years I worked out tomight after being online last... WOW - any comment fing greatly appreciated thanks - Otto

 

I would take some time out and read and read and read........just so you get the procedure and the facts sorted

 

CCA s 77-78 is not "always" the best way to go...but it is a starting point

 

before we can advise you you need to have a little understanding of whats going on and the risks involved.

 

we could also do with seeing the agreement (personal details removed)

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites
Otto Bender

Otto Bender

Posted
Posted

Thanks Dave I've tried to pick up alot from a few hours here in the last 3 days - but I need to buy a book ..yes? I can't really take much time out as I teach andf manage in an 'educational unit' (you know the places) so although I have reasonable wage it's just not enough at the moment...it does take up far too much time though ! Cheers Otto

Link to post
Share on other sites
underdog13

underdog13

Posted
Posted
It is a blank one. They say they have not been able to photocopy my original agreement and hope this one will be sufficient for my purposes. They have not used the phrase "true copy." I think they are wriggling here perhaps?

 

Shame. Imagine the fun you could have had if they cut and pasted your signature:D

 

MBNA actually came up with my HBOS agreements that they bought out - mixed bag of results; prescribed terms, but mostly illegible. Original account number on one (now different number on card account), one suspiciously compliant - a bit too pat, if you know what I mean. Will post them up on my thread tomorrow. Desperately in need of a glass (or two) of wine right now....

Link to post
Share on other sites
davefirewalker

davefirewalker

Posted
Posted
Shame. Imagine the fun you could have had if they cut and pasted your signature:D

 

MBNA actually came up with my HBOS agreements that they bought out - mixed bag of results; prescribed terms, but mostly illegible. Original account number on one (now different number on card account), one suspiciously compliant - a bit too pat, if you know what I mean. Will post them up on my thread tomorrow. Desperately in need of a glass (or two) of wine right now....

 

NOTHING suprises me about MBNA.........

 

just finished my first bottle...a rather nice Merlot 12.5%.....hmmm tasty

 

cant wait to see the "agreements"

 

rgds

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites
foolishgirl

foolishgirl

Posted
Posted
It is a blank one. They say they have not been able to photocopy my original agreement and hope this one will be sufficient for my purposes.

 

Oh, poor MBNA. are times so hard for them that they can't afford a photocopier or do they just not know how to refill the paper tray? :D

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites
steven4064

steven4064

Posted
Posted

I keep pointing out that the case law on true copies dates back to the 1840s when true copies were made on parchment with a quill pen. If MBNA can't afford a photocopier they could always revert to the former technology ;)

 

 

Link to post
Share on other sites
angry cat

angry cat

Posted
Posted

A question!

 

What is the position when an account has been terminated without serving a DN? and the termination letter bears the correct account number, but an incorrect name;

 

I am of the opinion that the termination would be ineffectual.

 

Now to go a little further, not only was the account terminated ineffectively, but it was then sold to a DCA.

 

What is the legal position of the DCA in relation to the above scenario;

how does the ineffectual termination by the OC affect the DCA who is pursuing the alleged debt?

 

AC

Link to post
Share on other sites
millymollymoo

millymollymoo

Posted
Posted (edited)
Hi 3m

 

It is a bit small but it seems to be an enforceable agreement - it has the prescribed terms (which is what matters) in points 1,2 and 3 and your signature at the bottom.

 

However, it is not a properly executed agreement as the title is wrong - it should say Credit Card Agreement.... That means it can only be enforced by a court. A court would enforce it though.

 

Hi Steven, underdod and enron. Many thanks for your replies.

 

 

Hi yes It came extremely tiny! I have enlarged it as best I could! This came on an A4 paper and the size was just one 1/4 of the page! The 'agreement' refers to T&C's in the small print these have not been sent. I am wondering if they have the original at all as this until enlarged is virtually illegible. Could this be on microfilm or something??

 

mintcca1.jpg

 

My question is how can they refer through the course of the agreement to the cards T &C's if this is ALL they have sent and all that is signed. In other words without full T&C's whatt right did they have to charge late payment fee's, pass the account to third parties etc if they are not within the signature doc or proven ever provided. This document was obviously pre contract as the card was yet to be issued and application computer info came on the other side of the A4 paper. This I suppose becane executed on sending the card {I never received this or any T &C's though] I KEEP EVERYTHINGSO i KNOW.

 

Milly X

Edited by millymollymoo
added agreement

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

Link to post
Share on other sites
steven4064

steven4064

Posted
Posted

They don't have the right to take late payment fees whatever the T&Cs say.

 

An application form is a pre-contract document but CC companies often structure them so that they become (in theory at least) a properly executed agreement when signed. THey don't always get it right though.

 

 

Link to post
Share on other sites
davefirewalker

davefirewalker

Posted
Posted (edited)

Hi guys...

 

if you have a minute I would appreciate thoughts on this agreement

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1910463.html

 

ta

 

rgds

 

Dave

Edited by davefirewalker

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites
davefirewalker

davefirewalker

Posted
Posted

Hey guys can someone please have a look at this...its heartbreaking

 

these people need some help ...quickly

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/176992-ccjs-only-option-us.html

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites
davefirewalker

davefirewalker

Posted
Posted
They could obtain help by phoning the CLS, who would put them in touch with a solicitor who would give them initial legal assistance up to 500, if they qualify.

Why hasn't the CAB told them that?

 

AC

 

Pass...some CAB's seem to be worse than others, it depends on who you get I suppose. But they do need to get help

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/176992-ccjs-only-option-us.html

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites
davefirewalker

davefirewalker

Posted
Posted

hmmmm...kept taking me to the main page.....

 

try this

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/176192-lombard-direct-rbs-unenforceable.html

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4977 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

Guest
This topic is now closed to further replies.
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...