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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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      Caught fare evasion in tube station

      By Seven77 · Posted

      Thanks dx for your kind words. I plan to renew my season ticket and write a new begging letter as following, can I ask for any suggestion about it?   Dear Investigator/Prosecutor,   Thank you for your reply. I deeply regret my actions and the inconvenience they have caused.   I’m extremely remorseful for my crime. and regret it everyday. I often ask myself ‘’how can I do that thing just because I felt it is interesting. There are a lot of crimes in the world, but feeling it’s interesting is certainly not a reason to crime. I should not crime with any reason.’’ I think about these things every day, and I understand that I can’t blame anyone but myself.   I thanks to the staff who stopped me, as this is a valuable lesson in my life. I told myself that I should never ever repeat such a thing again, and never ever do anything which is possible to be in breach of any law. As a result, I carefully tap my oyster card every time before I enter the station now. I remind myself that I did a wrong thing before, and I should never let it happen again.   Although my monthly travel expenses do not warrant a season ticket, but I just renew my season ticket (please see the attachment). I understand that a crime cannot be truly compensated for, but purchasing a season ticket offers me a small measure of comfort, knowing that my actions caused a loss to the public interest.   I received an email which ask me to negotiate being class teacher in this summer (please see the attachment). I hope that I could teach the lovely students again, which may not be allowed with a criminal record. I would please ask that you would please provide me a single opportunity to settle all outstanding sums owed outside of court without the need for legal proceedings which would have a determinantal impact on my teaching career.   I sincerely apologise again for my crime. If you need anything further from me to help you please let me know.    Yours sincerely,
    • lookinforinfo
      NPE ANPR PCN - No Permit - Locton Estate, London, E3 2LP

      By lookinforinfo · Posted

      You did what??? You asked them to send you the documents that without them you had  a 100% ironclad win in Court. Why on earth would you do that? As it happens in this case, there is still enough mistakes in their PCNs and the NTH to have your case cancelled. Amd it may be that not sending those documents in the first place along with the ICO complaint and the letters from Alliance themselves which would confirm by the dates on the letters may be enough to cancel it anyway. I hope you have kept their letters as evidence? The chances are that Alliance will not actually take you to Court because of their errors but you never know.  You have made so much extra work for yourself in your WS if they decide to push their luck.though. Can you please post up their letter where they give the reason why I wasn't sent with the NTH.
    • BankFodder
      Recording audio in health conversations

      By BankFodder · Posted

      I'm not sure that I fully agree with my site team colleague above.  My understanding is that there is nothing to stop you recording but it is strictly for your own personal use.   
    • student145
      sent debt by bwlegal for over £3000

      By student145 · Posted

      I live in a student house, with 5 tenants, unihomes is our utilities provider, who we each have a direct debit set up with and have paid each bill every month. Two letters were sent in my name by BWLegal saying I had two outstanding payments due adding up to over £3500, I have tried to contact british gas (as that is apparently our houses provider) as well as Unihomes. Nothing has helped and BWlegal are pursuing legal action if these debts are not resolved by the 1st May. What do I do? I've called Bwlegal when i bring up that the debt isnt for me and for unihomes they hang up on me. so I am stressed and do not know what to do
    • dx100uk
      Recording audio in health conversations

      By dx100uk · Posted

      cant do either if its not in a public place or on your land. dx  

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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.

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      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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      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.

Cap1 & CCA return

tamadus

By tamadus
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patrickq1

patrickq1

Posted
Posted

when you took out the loan in 98 were you self employed or what was your situation as most ppi insurances at the time were very dubious and most peeps were co ersed into taking out these sort of deals without choice so i would be reclaiming but you need to look at the ppi thread how to reclaim and get it in it may now even knock a few thou off the debt

patrickq1

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MAGDA

MAGDA

Posted
Posted

Hi patrick, is this re: my link thread? my husband was employed at the time, but they made it clear that if we didn't take out the PPI, then we wouldn't be likely to get the loan, even though it was apparently optional. I will have a look at the ppi thread, but not sure how much it will be that I am claiming back at the moment. Will try to get something started though anyway. Thanks again, magda

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patrickq1

patrickq1

Posted
Posted

also write a complaint to the FSA concerning your PPI that you were forced to purchase this product without it your loan would have been refused and they have refused to send you any details /data concerning the PPI who it is from and what the policy entails and also you are still being penalised for a policy that is of no use to you they have also refused to give you the repayments data you have already made and are demanding full compensation plus intrests

see how that goes on its also in the FSA website how to register your complaint concerning the ppi reclaims

patrickq1

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MAGDA

MAGDA

Posted
Posted (edited)

I have recently had a claim brought against me by Asset (that is a separate link). The thing is, I have just read on another thread http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/101677-me-welcome-ppi-struggling.html that if the total amount of credit i.e, 15payments x £65 (for example) = £975.00 is not shown, then the agreement is not properly executed. My own agreement with First National (now Asset Link) just gives number of instalments and amount of repayments (as it did in this person's case) but not the actual total amount repayable which in my case would be £4076.40. The actual amount of borrowing is the only figure quoted which was £1741 (including the PPI). So where do I actually stand on this? any help much appreciated as I'm running out of ideas as far as the court case is concerned (apart from the PPI) Magda

Edited by MAGDA
typo
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B3rty

B3rty

Posted
Posted

Prviously posted by PT

 

The courts have also clearly stated that if a creditor does not follow these obligations exactly then they are not entitled to the benefit of the contract:-

 

1.In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said , at page 1131:-

 

“Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.”

 

2.Sir Andrew Morritt, Vice Chancellor in Wilson v First County Trust Ltd [2001] EWCA Civ 633 said at para 26 that in the case of an unenforceable agreement:-

 

“The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid;”

 

3.When this case was appealed to the House of Lords on a matter regarding the Human Rights Act (Wilson & Ors v Secretary of State for Trade and Industry [2003] UKHL 40), Lord Nicholls of Birkenhead said:-

 

49 The message to be gleaned from sections 65, 106, 113 and 127 of the Consumer Credit Act is that where a court dismisses an application for an enforcement order under section 65 the lender is intended by Parliament to be left without recourse against the borrower in respect of the loan… when legislation renders the entire agreement inoperative, to use a neutral word, for failure to comply with prescribed formalities the legislation itself is the primary source of guidance on what are the legal consequences. Here the intention of Parliament is clear.

Live Life-Debt Free

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swinny

swinny

Posted
Posted

hi ya, found this site on saturday - really helpful. Am today gonna write to my credit card companies asking for copies of the CCA - wot shall i do about my signature? have read that they can scan it in - shall i just use a different font as my signature? also, should i send cheques or postal orders? Sorry if this is a bit repetative but am new to all this! thanks guys:D

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foolishgirl

foolishgirl

Posted
Posted

Re. signature: you can print or create a digital signature & insert that on all your corresp. I use Online Personal Signature Maker - MyLiveSignature - Free Personal Signature Generator (it's free) but there are others out there.

Re. payments: Don't send a cheque - 'cos it has your signature on! And as you say, it can be scanned by the unscrupilious. PO's are advisable.

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.

 

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swinny

swinny

Posted
Posted

hi, thanks for that - its monday morning and still feeling bleary eyed - forgot about the signature on the cheque!!!! DOH! :rolleyes:

 

will send postal order and make sure i send the letters registered mail! thanks again - will keep you informed!

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Sunshine Girl

Sunshine Girl

Posted
Posted

Hi There,

I applied for a CCA 2 months ago, have followed their non communication with another letter to say they are in breach of their contract and that I will be taking action against them in 14 days without prior notice.

 

They have replied to say they are still awaiting the original CCA from the lender and will be in touch shortly.

 

What do I do now? Send a solicitors letter?

 

Thanks

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MAGDA

MAGDA

Posted
Posted

No, I would just ignore them now and see what happens. If they do not manage to provide a CCA then all good and well. However, some of them do suddenly materialise after many months, as they suddenly manage to obtain it from the original creditor. This has happened to me. For the time being you are perfectly entitled to cease payments until such time that an enforceable CCA is forthcoming. Or, if you wish, you can continue to make payments. Up to you. Magda

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andrew1

andrew1

Posted
Posted

Sorry to jump into this discussion guys and gals, but when you get a chance once you've finished can anyone make sense of this and the 40% rule?

 

Schedule 1 items 1-4

 

http://www.opsi.gov.uk/si/si2008/pdf/uksi_20080831_en.pdf

 

Could make a lot of secured lending be viewed quite differently in my opinion...seems odd though..

 

 

Sarah

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citizenB

citizenB

Posted
Posted
Sorry to jump into this discussion guys and gals, but when you get a chance once you've finished can anyone make sense of this and the 40% rule?

 

Schedule 1 items 1-4

 

http://www.opsi.gov.uk/si/si2008/pdf/uksi_20080831_en.pdf

 

Could make a lot of secured lending be viewed quite differently in my opinion...seems odd though..

 

 

Sarah

 

I am just getting a blank page with this link ? :-(

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citizenB

citizenB

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:D Thanks, I thought it might be me. I will put that text into the browser and see what happens. Thanks Jax :)

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

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Guest Alison82

Guest Alison82

Posted
Posted

Hi, can someone please tell me wher in the CCA 1974 or relavant regs does it day all prescribed information must be in the same document as I can't find it anywhere

 

Many thanks

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