Jump to content


  • Tweets

  • Posts

    • Hey,  I've messaged my husband but he is not contactable while he is in work. As soon as he is on his way home I will find out which finance company we used. I'm so sorry, I just don't know.
    • Okay, I have read your claim form. A pity you didn't come to us earlier. You haven't pleaded any legal basis for your claim and you haven't cited the Contracts (Rights of Third Parties Act. How long have you been aware of this forum? We will have to bring that out later when you do your witness statement. Once again, do the reading very carefully. I suggest that you wait until Monday before coming back here and confirming that you have read everything. And in particular, as I have indicated, read the thread which I posted above very carefully and in particular we the details of the contractual terms which were discovered and get a copy for yourself. Post a link to them in this thread as well for other people to see. They are relying on the fact that you don't have a direct contract with them and they are referring to a contractual term which is apparently in the contract between them and Packlink which specifically excludes third parties. You will definitely want to see this. They have tried to rely on this before but they have never produced the contract. In your witness statement you will have to request that they produced the contract in court. In terms of the mediation, frankly we would have advised you to decline mediation. It's all done secretively. Nothing is ever revealed and of course they will try to get you to compromise on the amount of money you are claiming. We would strenuously suggest that you don't give up a single penny. Do the reading that I have suggested, find the details of the contract which I have told you about which accepts direct liability to you, the customer – and post it here.
    • If there is no reply to the "nasty" mail in 48 hours, then please come back here and we can assess what to do.
    • In particular, read this thread carefully. it is a very long thread but be patient with it. Eventually you will come to the witness statement and also had a point where it was discovered that Packlink's terms and conditions make it clear that Evri have a direct responsibility to the claimant and the judge awarded full judgement to the claimant on that basis. We have applied for the transcript but it will probably take six weeks or so. If you're mediation fails and you go to trial then I'm sure that the transcript will be available for you. It puts an end to the claim by Evri that you should claim against Packlink and it puts an end to any need to rely on the Contracts (Rights of Third Parties) Act 1999
  • 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 
        • 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

Cap1 & CCA return


tamadus
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4982 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

  • Replies 17.3k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

 

Thanks PT:)

 

See you have a link to "Next Directory troubles" as part of your signature, will have a look at that as well - Cabot has just purchased my Next account, so here we go again, more fun and games.

 

Magda

Link to post
Share on other sites

Thanks PT:)

 

See you have a link to "Next Directory troubles" as part of your signature, will have a look at that as well - Cabot has just purchased my Next account, so here we go again, more fun and games.

 

Magda

lol Next Directory are fab,

 

Easy pickings, beaten them plenty of times and have plenty of consent orders in hte office on them

 

shout if you need anything

Link to post
Share on other sites

lol Next Directory are fab,

 

Easy pickings, beaten them plenty of times and have plenty of consent orders in hte office on them

 

shout if you need anything

 

 

Thanks PT, that's really appreciated.

 

regards, Magda

Link to post
Share on other sites

Hi all, not sure if this is the correct post, apologise if posted in wrong section..

 

i wanted to ask, my cca request from the BOS is now approching 12 months with no cca provided, around 7 months ago the only thing they sent out was a copy of an application form, which i informed them this was an application form, not a cca, we have had many letters over the 12 months from their in-house dca, "albion, oliver, etc, latest letter last week threating court action, wrote back informing them it is now 12 months since my cca request and they still have not privided it..

 

how long should this go on?

 

any one have any advice

Link to post
Share on other sites

Hi David

 

Have a look at my BOS threads (click on my name, there's two I've started). I sent CCA's to both accounts about 2 years ago, got back exactly what you've said you had, stopped paying, got defaulted and terminated (dodgy default, unlawful termination), have played with about every DCA they have, sent CPR to Blair Oliver and Scott after they threatened court (early last year, still no response), have been threatened with court on about 4 occasions and am still being passed round from DCA to DCA. Each one will write, I'll write one or two letters telling them to foxtrot oscar, it goes back to BOS and so on and so forth.

 

I've got to the point now where I have a basically templated letter which I send with the usual 'I do not acknowledge any debt' etc etc header which essentially tells them they're stuffed so send it back to BOS and I will not respond to further letters from them.

 

The latest is Wescot who have apparently 'employed' Nelson Guest solictors. I've just written to both asking why the letter sent from Nelson Guest is clearly actually from Wescot, and also contacted the SRA to see what I can do complaints wise about a solicitor allowing a DCA to use their name and headed paper when they clearly have no idea as to the contents! Probably won't get anywhere but it's worth a try:)

 

You won't get any sort of reasonable letter from BOS. They've actually admitted in one of theirs to me that they can't find the original agreement but that they've sent the application form. Then they go on to call the application the agreement for the rest of the letter.

 

Pillocks the lot of them:rolleyes:

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Hi David

 

Have a look at my BOS threads (click on my name, there's two I've started). I sent CCA's to both accounts about 2 years ago, got back exactly what you've said you had, stopped paying, got defaulted and terminated (dodgy default, unlawful termination), have played with about every DCA they have, sent CPR to Blair Oliver and Scott after they threatened court (early last year, still no response), have been threatened with court on about 4 occasions and am still being passed round from DCA to DCA. Each one will write, I'll write one or two letters telling them to foxtrot oscar, it goes back to BOS and so on and so forth.

 

I've got to the point now where I have a basically templated letter which I send with the usual 'I do not acknowledge any debt' etc etc header which essentially tells them they're stuffed so send it back to BOS and I will not respond to further letters from them.

 

The latest is Wescot who have apparently 'employed' Nelson Guest solictors. I've just written to both asking why the letter sent from Nelson Guest is clearly actually from Wescot, and also contacted the SRA to see what I can do complaints wise about a solicitor allowing a DCA to use their name and headed paper when they clearly have no idea as to the contents! Probably won't get anywhere but it's worth a try:)

 

You won't get any sort of reasonable letter from BOS. They've actually admitted in one of theirs to me that they can't find the original agreement but that they've sent the application form. Then they go on to call the application the agreement for the rest of the letter.

 

Pillocks the lot of them:rolleyes:

 

 

Hi,

 

This just about reflects what happened with me regards BOS.

 

They have now sold the account to Hillesden.

 

Jeff.

Link to post
Share on other sites

Ooh, not had them yet. Sounds like they'll complete my collection soon enough though:)

 

Have you got a thread going Jeff?

 

edit - just found it:D

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Thanks Lexis for your reply, its good to hear were not alone, after around 6 months they tried to say the account was not in dispute. lol. we have always refused to speak to them on the telephone. they threatened to come to the door on a certain date, i informed them if they came to my door i would call the police, they never turned up. they send these letters from diffrent dca, to try and frighten you, all the dca, are in-house dca, as they are not allowed to sell the debt if the account is in dispute, i informed them this is easily solved,, produce the orginal signed cca, and i will pay the debt, the alledged cca was supposidly signed in 1991. if there is such a document then lets see it, if not then there is no debt.

 

they are threating court action, i doubt they will carry it through as they already know it can not be enforced.

 

im guessing this could go on forever,

Link to post
Share on other sites

I think you may be right:rolleyes:

 

If you're worried about the threat of court action, you could chuck them this letter which Surfaceagentx20 and CitizenB put together. I sent it in early 09 to request docs and BlairOS went very quiet about it...

 

THIS IS A REQUEST UNDER THE CIVIL PROCEDURE RULES. DO NOT IGNORE.

 

I am in receipt of your letter dated xx; this was sent by xx Class post, and received by me on xx.

 

You have indicated that

a) You are giving Formal Notice that your client has instructed you to commence court proceedings against me without delay and

b) Papers are now being prepared for commencement of action through my local court to seek a judgement against me.

 

I am sure that you are aware that I have long since requested from your client, under the Consumer Credit Act 1974 (The Act), a copy of the agreement to which both you and your client allege I am a signatory. To date this has not been provided to me. Whilst I appreciate your client has endeavoured to persuade me that the provision of a copy of an illegible application form is sufficient to discharge your client from further obligations under section 78 of the Act, likewise I too have explained that the mere provision of a copy of an application form is not a legally permissible substitute for the provision of a true copy of the executed agreement as required under section 78 of the Act, and as prescribed by Regulation 3 Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

I am sure you are also aware that under section 78(6) of the Act, whilst a creditor is in default of a request made under sub-section (1) they may not enforce the agreement.

 

Notwithstanding the foregoing and your client's persistent, unexplained and wilful refusal to supply a copy of the executed agreement in accordance with its obligations (the permitted omissions under Regulation 3(2) excepted), your client has made plain its intention to begin legal proceedings against me. In consequence this matter may now be treated as one which is subject to the control of the Civil Procedure Rules.

 

Take notice therefore that under CPR Practice Direction - Protocols paragraph 4.6(a) and (d), I request that you supply copies of the following documents:

 

[1] A true copy of the executed credit agreement incorporating prescribed notices, terms and conditions applicable at the time the agreement was executed and

[2] Any further or subsequent notices, terms and conditions relied upon.

 

Please note that my request under the Practice Direction is not a request for production within the confines of the Act and Regulations but rather, it is for a copy of the executed agreement, including signatures and all such other notices, terms and conditions as will be relied upon in the event that your client shall begin a claim.

 

A copy of the documents I have requested should be supplied to me within 14 days, and you are urged not to begin proceedings for a period of not less than 14 days following the supply of those documents to me.

 

Should your client elect to ignore my request under the Practice Direction and commence proceedings, I shall repeat my request for the provision of documents under CPR 31.14. In the event that your client should fail to comply with my CPR 31.14 request, but still continues court proceedings, I will not hesitate in making an application to the court for an order that further proceedings upon the claim be stayed pending provision of the requisite documents, in the course of which application I will of course refer to this and previous requests for the provision of copy documents.

 

Please respond within the time stated.

 

Yours faithfully,

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

That's a brilliant letter Lexis, will file a copy of that.

 

May come in useful at some point.

 

May not be needed for Halifax (BOS) as like you, they have written stating they cannot supply the T & S's for mine from 1989 with Leeds. Shame! :)

Link to post
Share on other sites

Nice One Lexis..

 

VG letter, well laid out and informs them. you know exactly how to handle them, they know from this letter, your not going to be a push over.

 

i will definitly use this letter..

 

thanks again.

Link to post
Share on other sites

You're welcome, but I really can't take credit for the letter as it was put together for me by CitizenB and Surfaceagentx20 - I just tweaked it to change a part saying if they didn't respond I'd be starting court action to say that if they carried on without sending the documents I would chase it up and defend anything they started.

 

This was because I knew damn well I wasn't in the position (because of personal issues, not because my argument was weak) to follow up, and I strongly feel you have to act on threats to creditors or they just don't believe you - much as we don't with the pointless toothless c**p that the dca's throw at us;)

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

You're welcome, but I really can't take credit for the letter as it was put together for me by CitizenB and Surfaceagentx20 - I just tweaked it to change a part saying if they didn't respond I'd be starting court action to say that if they carried on without sending the documents I would chase it up and defend anything they started.

 

This was because I knew damn well I wasn't in the position (because of personal issues, not because my argument was weak) to follow up, and I strongly feel you have to act on threats to creditors or they just don't believe you - much as we don't with the pointless toothless c**p that the dca's throw at us;)

 

That's a very good point Lexis, keep the ball in their court, so to speak. Makes sense to me.

 

Must ask (sorry) has your cat got a lime skin on its head? Makes me :) every time I see it!

Link to post
Share on other sites

Hi Dotty:)

 

I think it is, although people keep telling me it's a melon:eek: I'd hate to think what size the cat is if it can handle a melon on the head!

 

Still makes me smile too; I think it's the look of complete resignation on the cat's face:D

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Hi all,

 

Forgive me if this is the wrong thread to pose this question, I am fairly new to this and have a question re CCA's. I have posted a thread about Egg under the Egg forum, this is a general question regarding tick box signatures on applications for credit cards. My application was 2006, they have sent my CCA which has a tick box as my signature. SHould there have been a follow up piece of paper which I should have signed and returned to them?

 

Many thanks,

 

Apologies if this is the wrong thread, push me somewhere else if it is :)

Link to post
Share on other sites

Hi all,

 

Forgive me if this is the wrong thread to pose this question, I am fairly new to this and have a question re CCA's. I have posted a thread about Egg under the Egg forum, this is a general question regarding tick box signatures on applications for credit cards. My application was 2006, they have sent my CCA which has a tick box as my signature. SHould there have been a follow up piece of paper which I should have signed and returned to them?

 

Many thanks,

 

Apologies if this is the wrong thread, push me somewhere else if it is :)

 

No ;)

 

The Consumer Credit Act 1974 (Electronic Communications) Order 2004

 

Link to post
Share on other sites

ToxicWastes' post regarding Goldfish/Barclaycard has been moved to its own thread..

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/267316-goldfish-barclaycard-advice-required.html

 

I am sure advice would be most welcome:D

 

TW, I have sent you a private message advising what has happened.

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

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

Link to post
Share on other sites

Hi all,

 

Forgive me if this is the wrong thread to pose this question, I am fairly new to this and have a question re CCA's. I have posted a thread about Egg under the Egg forum, this is a general question regarding tick box signatures on applications for credit cards. My application was 2006, they have sent my CCA which has a tick box as my signature. SHould there have been a follow up piece of paper which I should have signed and returned to them?

 

Many thanks,

 

Apologies if this is the wrong thread, push me somewhere else if it is :)

 

Was your agreement concluded online???

Link to post
Share on other sites

Can you be more specific...?

 

Not really? :confused:

 

The question asked was;

 

this is a general question regarding tick box signatures on applications for credit cards. My application was 2006, they have sent my CCA which has a tick box as my signature. SHould there have been a follow up piece of paper which I should have signed and returned to them?

 

I said;

 

 

:confused:

 

Link to post
Share on other sites

Hi Car2403,

 

Thanks, you answered the question with the link to the Act amendments 2004, having read through them now I take the inclusion of Article 4 Article 4 amends the Consumer Credit (Agreements) Regulations 1983 to enable agreements to be concluded electronically and to enable the creditor or owner to include in the signature box information about the process or means of providing, communicating or verifying the signature made by the debtor or hirer. In mine it says please tick box instead of providing signature.

 

So thank you, you have answered my question :)

Link to post
Share on other sites

This is my point!!!

 

I have posted elsewhere on this issue of whether.... '' include in the signature box information about the process or means of providing, communicating or verifying the signature made by the debtor or hirer''.....actually means that the signature itself as prescribed by s61 is not to be dispensed with BUT THAT the signature must still be included using ''a process or means of providing the signature...

In other words something to the effect of please tick here and we shall send you a copy of the ticked agreement for you to SIGN and SEND BACK

 

Anybody could have ticked that agreement and said it was signed by you.

 

I have made the point time and again that an agreement when concluded on line should really in truth be subject to contract and that when it is ticked and the button for send is pressed that a hard copy should be sent for you to sign and send back..because otherwiswise s189(1) has not in reality been complied with.

 

I think that this issue of whether a tick complies with s61 and s189(1) is deserving of a whole new thread

m2ae

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4982 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.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...