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    • Thank you. Please will you repost your images in one single multipage PDF file – the right way round et cetera.  
    • And just to reiterate – I'm sorry if the message above sounds a bit harsh. We have to get the message out to other people who visit this thread as well. I realise that you are having a difficult time and we will do our best to help you, of course
    • The last photo shows the overflow carpark looking at the block which our room was located. When we got out of the car my partner thought that the building was for staff accommodation.  The unsecured bedroom window opened onto this car park.
    • Also I see that you are doing a lot of this on the telephone – and without any written confirmation. This is a big mistake. You need to start taking this matter seriously and so everything should go in writing. If you have telephone calls then they should normally be recorded. Read our customer services guide. You should make notes about every telephone call and then you should send an email to your telephone correspondence confirming what they have said or what they have agreed. It is important that you keep detailed paper trails here. Of course we may be jumping the gun and maybe big motoring world will step up to the mark – but I'm afraid that they have a lousy reputation has you have seen and so you need to start practising survival techniques and protecting yourself. You say for instance in your letter of rejection that the mechanic told you on the telephone that the gearbox needed replacing. Do you have any other evidence of this conversation? This is going to sound a bit harsh – but other people will be visiting this thread as well for their own purposes. You conducted their research about this company before you bought the vehicle. You now are fully aware that this is a company which can be very difficult to deal with and causes a lot of problems for many of their customers and yet you are still taking a telephone/verbal approach. Do I need to say any more? Also one of the documents you put up is an email exchange but it is not clear who is writing to who or what dates. If you showed this email to somebody in a pub they would be asking lots of questions about who sent the first message, who sent the second message, what dates were they sent et cetera. Please think about this before you post things. Please can you clarify the details of that email exchange. Please will you present the information carefully. We are all volunteers here and we have to rely on you to do the spadework
    • I told the DM that the room was not acceptable because of the reasons already mentioned. He informed me that they were full that night and that they could move me to the room next door (would not solve my problem with the rooms location). Told the DM that I could not stay in the room provided for the night so left no option but to leave. DM did not reply and I walked out.  
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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
        • Like

Cap1 & CCA return


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Like ncf, I would like to paste a copy of my supposed CCA for a spot of scrutiny; unfortunately, although copied, I'm having trouble pasting it. I haven't attempted to do this before in this situation. Can someone tell mr thicky what to do please? Cheers.

 

You can either open an account with the likes of photobucket and upload it there, then link to it using the thread's insert image thingy. Or you could email it to me so I can pop it on a server to link here for you.

 

PM me for my email addy if you want to choose option B. :)

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Hi

 

The prescribed terms ARE shown on this agreement (contrary to what Peter says :rolleyes:)

 

Under financial and Related Particulars:

 

No. 1 states that the credit limit will be determined and notified to you - an acceptable format

 

No. 2 states the rate of repayment and when payments must be made - both in acceptable format

 

No. 3 states the monthly interest rate and the APR - again acceptable formats

 

What this document is missing is two of the statutory statements :

 

The one that states you may sue the creditor or the supplier for breach by the supplier as per s75 of the Act.

 

Plus the statement limiting liability for loss or misuse of the credit token.

 

So as far as I can tell this document is improperly executed and unenforceable without an order of the court but not wholly unenforceable.

 

 

The creditor's signature is in an odd place but is still there so personally I don't think the court would make anything of that.

 

Sorry!! :(

 

Regards, Pam

 

It doesn't have the heading 'Agreement Regulated by the Consumer Credit Act 1974', which is pretty significant as this is what they are claiming it is.

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Also,

 

(This refers to my Citi 'agreement' above in case anyone is lost)

 

as pointed out above, the statement about the data protection act is before the signature box, which is a no no under the 'no interspersing' rule

 

I think there could be loads in it that could be picked to bits, but the main one will be the 'consumer credit act regulated by...bla,bla' title not being where the 'Citibank Visa Agreement' is, but in tiny font down in the bottom section of the doc

 

:rolleyes:

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

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Also,

 

given that I would be a litigant in person against the might Citi, I think the OFT's opinion in an official document would carry clout in court

 

In this, I am not dismissing what you have said IKN, I value your input because it is good to get now the kind of stuff that may come up against me (in other words, thanks!)

 

:)

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

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does it say data protection act 1998 -- because we have seen forms issued in 2000 that just say data protection (when did the dat protection act 1998) come into effect meaning they had to put those words on ???

:cool: sunbathing in juan les pins de temps en temps

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Like ncf, I would like to paste a copy of my supposed CCA for a spot of scrutiny; unfortunately, although copied, I'm having trouble pasting it. I haven't attempted to do this before in this situation. Can someone tell mr thicky what to do please? Cheers.

 

Here you go mate. I had to shrink it down a bit for quicker downloading, but I think it's pretty clear it ISN'T going to cause you any grief. ;)

 

joesoapcca.jpg

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Here you go mate. I had to shrink it down a bit for quicker downloading, but I think it's pretty clear it ISN'T going to cause you any grief. ;)

 

joesoapcca.jpg

 

good grief....

 

if this is it I would politely write back thanking them for this which you will file and retain in the event of any litigation and ask them ro please send you the fully executed agreement with all the prescribed terms as specified by the Consumer Credit Act 1974. Watch the timeline, after 30 days issue a Default notice claiming Consolidation and report them to TSO and ICO.

 

This imho is completely inadequate, sloppy and disgraceful by anyone's standards.

[sIGPIC][/sIGPIC]

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ROFLMAO!

 

BANG!!

 

(Thats the sound of that document hitting the wall as the judge throws it out of court)

 

You have there the perfect grounds not to pay them another penny

 

Though, I note unlike mine the 'Credit agreement regulated by...' title is in a prominent place (but that wont help with that, its not even fit to wipe your *** on!)

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

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Thank you very much my friends, extremely appreciated. As a matter of interest, should I cease paying my instalments (I'm trying to pay off my debt) or should I carry on as normal?

 

Ian

 

I would add to the letter you will be writing requesting the agreement... and until such time as I do receive the executed agreement I have no option but to cease payments.

[sIGPIC][/sIGPIC]

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2001534032409545294_fs.jpg

top half above

----------------

bottom half below :

2001538632634338127_fs.jpg

 

 

comments please

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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It doesn't have the heading 'Agreement Regulated by the Consumer Credit Act 1974', which is pretty significant as this is what they are claiming it is.

 

Hi

 

Yes it does have that heading, at the start of the second section of the document, below the line - first line of first paragraph. I agree that this should be much more prominent but it is there.

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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I realise that Pam, but I think the wording is 'the document needs to be headed 'CCA'. You could argue very convincingly (IMO) that the document is headed Citi Agreement, and anything else is not a heading, just a thought...

 

The CCA statement is a sub-heading...

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I realise that Pam, but I think the wording is 'the document needs to be headed 'CCA'. You could argue very convincingly (IMO) that the document is headed Citi Agreement, and anything else is not a heading, just a thought...

 

The CCA statement is a sub-heading...

 

Hi

 

I agree with what your saying, but as I said earlier, this document is improperly executed anyway because it does not contain 2 of the statutory statements - so it's already unenforceable without a court order.

 

The only omissions that would make it entirely unenforceable would be the signature of the debtor and any of the prescribed terms. They are all on this document so any other error, such as the placing of the CCA statement does not change the status of the agreement.

 

I don't like to discourage people but you have to assess each document as the court would, i.e. under s127(3):

 

3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Hi

 

The prescribed terms ARE shown on this agreement (contrary to what Peter says :rolleyes:)

 

Under financial and Related Particulars:

 

No. 1 states that the credit limit will be determined and notified to you - an acceptable format

 

No. 2 states the rate of repayment and when payments must be made - both in acceptable format

 

No. 3 states the monthly interest rate and the APR - again acceptable formats

 

What this document is missing is two of the statutory statements :

 

The one that states you may sue the creditor or the supplier for breach by the supplier as per s75 of the Act.

 

Plus the statement limiting liability for loss or misuse of the credit token.

 

So as far as I can tell this document is improperly executed and unenforceable without an order of the court but not wholly unenforceable.

 

 

The creditor's signature is in an odd place but is still there so personally I don't think the court would make anything of that.

 

Sorry!! :(

 

Regards, Pam

 

 

 

 

Don't say sorry Pam the time to say sorry is when i prove you wrong like ialways do, their is no credit limit the statement that they will provide one is not good enugh yes i know,what it says in the 1983 regs but their is more to it than that i will drag it out a bit then explain.

 

Glad to have you back it was getting very boring

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Ding, ding!

 

Round two!

 

;)

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

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good grief....

 

if this is it I would politely write back thanking them for this which you will file and retain in the event of any litigation and ask them ro please send you the fully executed agreement with all the prescribed terms as specified by the Consumer Credit Act 1974. Watch the timeline, after 30 days issue a Default notice claiming Consolidation and report them to TSO and ICO.

 

This imho is completely inadequate, sloppy and disgraceful by anyone's standards.

 

 

Is there a template for this default notice, second time I have asked this question??? Please help Cap 1 are well and truly defaulted and they need to know I am not happy.

 

Without having to go back over the thread what is the course of action they have had their 14 days plus well over 30 days now. I need toknow what effect this has and what steps I need to take to hit them.

 

Any help on this would be much appreciated.

 

Tanz

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Hi Pam we will start with this more to come.

 


  1. 1.14 What is meant by ‘the prescribed terms’?

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a). The terms must be contained in a regulated agreement if it is to be properly executed.

The prescribed terms relate to the amount of credit, the credit limit, the rate of interest and repayments – see chapter 8.

If any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor. The court is precluded by s127(3) from making an enforcement order in such cases – see Q1.21.

 

 

We will forward you your credit limit does not constitute including it in the agreement.

 

Peter

    DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

    DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

    BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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    Thanks m55 - I thought you were talking about the Marbles application form immediately preceeding your posts - and I spent ages looking for where Pam said it had Regulated by the CCA.....etc. But having gone back a couple of pages I've now found the Citi one.

    This thread moves quicker than my brain sometimes!

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    Zubos letter does not surprise me in the least, I've asked for copies under section 77 & 78 for the following.

     

    1.Bank of Scotland (Blair Oliver & Scott) couldn't supply the documentation.

     

    2. Lloyds TSB, suppied the 'orginal agreement' - not signed by them. Prescribed terms missing, reported to TS and OFT

     

    3. Citibank, yes Citibank Brian!, supplied the 'original agreement' - not signed by them. Prescribed terms missing

     

    4. Monument supplied the 'original agreement' after six months! Not signed by them, merely stamped, not good enough, Regulation 6 of the 1983 Consumer Credit (Agreement) Regulations states that it has to be signed and dated. Prescribed terms missing. Reported to TS and OFT

     

    5. Royal Bank of Scotland, can't supply the original agreement dealing with.

     

    6. Barclaycard cannot find the original agreement.Dealing with.

     

    As this thread has grown we have seen th banks continual dismissal of consumer rights, the non execution of agreements on their part is another arrogant action, since up to recently nobody has ever stood up to them to establish their rights. Well the pigeons are coming home to roost now and alot of money is going to have be repaid because of their arrogance.

     

    Incidentilly the section 85 argument which I have always been a stentorial advocate of is negated completly by the the non-execution of the original arguement. However, if the arrogant twits have stopped arguing the toss I wouldn't have asked for the original agreement and wouldn't have known about the no-execution.

     

    ALWAYS ASK FOR THE ORIGINAL AGREEMENT

    BE STRONG THEY ARE MOST DEFINATLY WRONG!

     

    Mike

    If I've helped tip my scales

     

    Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

    http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

     

    Monument, didn't sign the agreement

    :D

     

    Lloyds TSB didn't sign the agreement!

    :D

     

    Citicards, didn't sign the agreement

    :D

     

    RBS tut, tut!

    :rolleyes:

     

    Morgan Stanley, oh dear

    :rolleyes:

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