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    • He is still trading.   I won't get anything out of it, no.  But is that the point?  Not charging it means the Govt misses out on important revenue 
    • for whatever reason, if you did not get the original PCN on the car/by hand nor in the post before things escalated you need to appeal using the correct forms, not a soft appeal to the issuing council Which forms to use for which offence pe2/3 & te7/9 - Local Authority Parking and Traffic Offences - Consumer Action Group  
    • as this situation has now come up again for you, how confident are you that if you get on the straight and narrow with having a respite of 60days (Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk)... would you then be able to resume ok? if not quite honestly, the very best thing you can do is to get ALL your debts defaulted by the issuance of and the registering of a Default Notice from each creditor. this is done by stopping ALL PAYMENTS, it wont hurt you short term, esp as all the debts are still with the Original Creditors. this of course will kill credit for 6yrs, but, will cause the debts to vanish from your file (paid or not, paying or not) on the DN's 6th B'day, but of course that wont mean the debts are not still owed, legally, just your file will be clear of them all. if you read a good 10-20 of the stories in this very same forum you found to start yours, you'll soon get the idea behind the advice given. as for things like IVA/BK etc NEVER EVER do those, that secures unsecured debt. just contact one of the free DMP providers and get breathing space implemented, that gives you a 60 day buffer to firm up your future actions. but DO NOT enter into a DMP, do one yourself. they can be a bit pushy, but simply insist you just want breathing space invoked, i would only be giving them enough info to achieve BS too, don't give them anything you don't need too, they are funded by the banks and debt collectors and can sometimes be over intrusive and nosy wanting info that is better not revealed. dx    
    • “Not realising it was a no parking zone” doesn’t help you if the timing is correct, as (at least, on Google Maps / View) there is clear signage ('7am to midnight', parked at 15:22) What might be worth pursuing is the "ticket handed to driver" aspect : do you have any view on why they would be  stating that?
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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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Cap1 & CCA return


tamadus
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Guest The Terminator

Tam: Well done mate I'll get that can out of the fridge and drink to yer.I would have congratulated you earlier but I've just repaired the computer and oh **** its crashed again

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aw...Tam - what a sweetie you are - but don't let that Cornypoker....or whatever she calls herself - come along and try & convince you that I am anything but a sweet, bushy tailed, bright eyed young innocent.

 

And TideTurner - I know not why...that is for you to divulge to us.

 

 

What all that and a scotch drinking cook?

 

Methinks somebody has been sniffing the bottle too much :D

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Ladybird, I've no intention of making an honest lady of her as yet. Who the hell wants to look at a little blue fish with razor sharp teeth every time you wake up?

 

I'd be more worried about how wet and smelly the fish is first thing in the morning:o

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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My advice is that if you receive nothing DON'T write back telling them.

 

Just ignore their empty envelope & write asking why the delay in providing the papers are you have requested. Also remind them that they only have ex number of days left to comply with the CCA or DPA

 

If you acknowledge receiving their empty envelope they might try & claim you DID receive the docs but are now lying about it thereby making you out to be the villain

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I don't agree JonCris. If they have a letter that says 'please find enclosed....' and they present it in court, unless you have written to say there was nothing attached straight away the courts would say the document must have been attached because that is what any reasonable person would have done

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I don't agree JonCris. If they have a letter that says 'please find enclosed....' and they present it in court, unless you have written to say there was nothing attached straight away the courts would say the document must have been attached because that is what any reasonable person would have done

 

Write pointing out it was not sent and they are now in default and will be reported for fraud.

 

Z

[sIGPIC][/sIGPIC]

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awww birdie I believe you :rolleyes: plus with 4 blackbelts to my name you dont need another bodyguard:grin:

 

GET A ROOM!!:rolleyes::D

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Jones I don't agree & your missing the point.

 

If they don't send the agreement when asked then they ain't going to produce it later. Also if you write again asking for the docs, even without reference to their empty letter, you have advised them that you haven't received it. Different tactic same outcome.

 

Particularly it is happening a lot so as it appears very possible they may have sent the empty letter simply to delay matters & you making no reference to it will cause them to worry that their trick ain't working

 

Of course if they are out of time report them

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A question on this DPA breaches point. If a company breached the DPA by giving information to someone they shouldn't by..say..sending a copy of the application/agreement to the card holder's wife who is only an additional card holder, are they required to reveal their mistake? Just asking you understand

 

I have my serious poster hat on now...:rolleyes:

 

Can I assume that being sent a copy of my husband's application form that has his FORMER wife's personal details on it, including her job description, salary and bank account details, constitutes a serious breach?

 

Am I overreacting?

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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What all that and a scotch drinking cook?

 

Methinks somebody has been sniffing the bottle too much :D

 

Rumbled.............:D

 

Sorry I will go away now, this is unacceptable behaviour.:rolleyes:

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Write pointing out it was not sent and they are now in default and will be reported for fraud.

 

Z

Thanks for all your suggestions on this, guys. I will give it further thought. To avoid winding Term up, may I just say - "I shall return." 8-)

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Corn

 

No on the face of it it's a major breach of the act.

 

Problem is your not the person who's data has been disclosed & the only person who can complain is your husbands ex

 

Right, I would rather not stir up that nest of hornets!

 

Surely though, it is worth mentioning in my complaints?

 

MBNA are frighteningly stupid. When I complained that a. the application form was not a true copy of the executed agreement and b. pointed out the breach in terms of the former wife, what did they do? They sent me another copy!:rolleyes:

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Corn as we have seen the people the money lenders employ ain't the sharpest tools in the box.

 

Nor do they appear to understand that they may be involved in matters which later turn out to be criminal.

 

A valid point JonCris and one that I have saved to my folder of "to be referred to at a later date" quotes!:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Has anyone got the template letters to send to the 'Authorities' as I need them and cant find them - maybe I just need to sleep LOL :D

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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I've just been looking at the Fraud Act 2006, and it appears that MBNA have committed Fraud by not complying with s63.4 and s85 which recinds the contract and 'a failure to make such disclosure will entitle the beneficiary to rescind the contract and to reclaim any property transferred under it'.

 

We need to start a Fraud Act 2006 (Inc Theft Act 68,7? 8?) and get these guys on this tact also.

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Section 3: Fraud by failing to disclose information

 

Section 3 makes it an offence to commit fraud by failing to disclose information to another person where there is a legal duty to disclose the information. A legal duty to disclose information may include duties under oral contracts as well as written contracts. The concept of "legal duty" is explained in the Law Commission's Report on Fraud, which said at paragraphs 7.28 and 7.29:

"7.28 ..Such a duty may derive from statute (such as the provisions governing company prospectuses), from the fact that the transaction in question is one of the utmost good faith (such as a contract of insurance), from the express or implied terms of a contract, from the custom of a particular trade or market, or from the existence of a fiduciary relationship between the parties (such as that of agent and principal). 7.29 For this purpose there is a legal duty to disclose information not only if the defendant's failure to disclose it gives the victim a cause of action for damages, but also if the law gives the victim a right to set aside any change in his or her legal position to which he or she may consent as a result of the non-disclosure. For example, a person in a fiduciary position has a duty to disclose material information when entering into a contract with his or her beneficiary, in the sense that a failure to make such disclosure will entitle the beneficiary to rescind the contract and to reclaim any property transferred under it."

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