Jump to content


  • Tweets

  • Posts

    • you mean you did aos on mcol yes? pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.   dx  
    • The Letter of Claim information is not absolutely essential, but it would be useful for two reasons. Firstly, judges take a dim view of companies or individuals who rush to court without giving the other party notice and a chance to settle - the Letter of Claim.  If they didn't send it we could include this point in your defence and it would be detrimental to them. Secondly, we know Countrywide.  They are a very small cowboy company.  The are reluctant to do court, simply becasue they are very bad  at it.  Their record of beating Caggers in front of a judge is exactly 0%.  They have lost every time.  They send the Letter of Claim also to look for people who don't reply, thinking that the person might not reply to a claim form either, giving them an easy default win.  Conclusion - always best to reply to a Letter of Claim and ridicule the PPC's case.
    • Any update here? I ask as we have someone in a similar situation.
    • It's possible.   I suffer from ADHD and also anxiety and depression currently and struggle with paperwork.  I'll have a search around to see if i can find anything.  If they did send something I haven't replied.   I thought there's no way that they will pursue this because I know for a fact i didn't park in a private space and the evidence they have sent is so ridiculous.   What impact does this other paperwork have? Thanks!   I already sent the acknowledgement as i panicked and thought today was the last day to respond.   Then i remembered this wonderful forum.  I'll follow the steps in the sticky next.
    • The particulars of claim doesn’t mention statement of accounts.  Should I include that in the cpr letter?
  • Recommended Topics

  • Our picks

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

Cap1 & CCA return


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

Thread Locked

because no one has posted on it for the last 4954 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

In preparation for my "big go" at them (barclaycard), and to try and get some sort of response from them I sent them a "Go away and never bother me again" letter hoping it might hit a nerve.........

 

Is that one of those infamous, "copyright davefirewalker" letters? ;)

 

methinks they must realise something is afoot (and its not 12" )

 

LOL! Dave, you're a proper nutter, you are! :D

 

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

Is that one of those infamous, "copyright davefirewalker" letters? ;)

 

 

 

LOL! Dave, you're a proper nutter, you are! :D

 

 

yup it was.......and yup I am :D

 

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

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

Link to post
Share on other sites

Hmm

Unless someone else comes up with something, looks ok to me - all prescribed terms in there so its going to be improperly executed at worst (/best depending on your POV)

 

Cant see anything missing in required terms that immediately springs to mind and the sig page seems to link well to the rest of the pages

 

Anyone else ?

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

 

Does page 1 have "Page 1 of 4" at the bottom? It might have been missed on the scan. If it does, I'd say it's enforceable. If it doesn't, they'll have a job showing the prescribed terms are part of the same document, which can make it unenforceable.

 

Link to post
Share on other sites

That thought went through my head but I just assumed that this hadn't copied , however the signature is on 2 of 4 and I feel you would have a hard job arguing this in court as the document does tend to flow and link.

Live Life-Debt Free

Link to post
Share on other sites

That thought went through my head but I just assumed that this hadn't copied , however the signature is on 2 of 4 and I feel you would have a hard job arguing this in court as the document does tend to flow and link.

 

If they can't show page 1 is linked to page 2, as the other pages are, there's an argument it isn't the same document. This could all come apart when they turn up to court with the original and they are linked, however...

 

Link to post
Share on other sites

all i can input to this is if it was hamilton finance and signed on their trade premises they would have your name typed in at the top of page one or your full name and address,i have a household finance agreement in front of me and that was printed in sept last year they did it all in front of me and the missus,the name and address was at the top and not what you have their (the customer)?

patrickq1

Link to post
Share on other sites

I need to send a CCA request for my Debenhams card. But, now it has been passes to Aktiv Kapital so, should I send the request directly to GE capital or to Aktiv Kapital??

 

 

 

Hello,

 

 

Do Aktiv claim to now own this debt or are they acting on behalf of Debenhams?

 

If Debenhams still own the account, then send your CCA request to them!

 

However, if another party now own the account, then send your CCA request that particular company!

 

Hope this helps a bit.

 

 

Good luck, Jeff.

Link to post
Share on other sites

Hello,

 

 

Do Aktiv claim to now own this debt or are they acting on behalf of Debenhams?

 

If Debenhams still own the account, then send your CCA request to them!

 

However, if another party now own the account, then send your CCA request that particular company!

 

Hope this helps a bit.

 

 

Good luck, Jeff.

 

Agreed.

 

Some of these companies hide behind the law and don't tell you what type of assignment has taken place - the best place to start, IMHO, is to CCA the DCA as they are either going to reply themselves or they have a contractrual duty to forward your request to the OC. (Plus the fact they can't continue to collect while in default of the request)

 

Link to post
Share on other sites

Dear all,

 

2 pages that were returned from the Halifax as my supposed CCA. The red blotches mask someone else's writing masquerading as my own (the Halifax insist this is the form I completed when applying for the card - so presumably the will also acknowledge that it is an application and not an agreement), and the second page was provided after the second time I write to them saying, "Oi, where's my terms and conditions then".

 

Would be happy to hear everyone's opinions on this as I'm taking them to court over mis-sold PPI, but if the supposed CCA is invalid..............

 

http://i197.photobucket.com/albums/aa77/bathgatebuyer/SupposedCCAfromHalifaxforwebsite.jpg?t=1205080562

http://i197.photobucket.com/albums/aa77/bathgatebuyer/HalifaxCCAsupposedlypart2.jpg?t=1205080579

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

Link to post
Share on other sites

I would say you have a good case as the two pages dont appear to be linked in any way and if you had to argue this case in court you could use the fact that they supplied the prescribed terms as an after thought and that if they were linked and part of the document these would have been provided as part of the original CCA request

Live Life-Debt Free

Link to post
Share on other sites

Dear all,

 

2 pages that were returned from the Halifax as my supposed CCA. The red blotches mask someone else's writing masquerading as my own (the Halifax insist this is the form I completed when applying for the card - so presumably the will also acknowledge that it is an application and not an agreement), and the second page was provided after the second time I write to them saying, "Oi, where's my terms and conditions then".

 

Would be happy to hear everyone's opinions on this as I'm taking them to court over mis-sold PPI, but if the supposed CCA is invalid..............

 

http://i197.photobucket.com/albums/aa77/bathgatebuyer/SupposedCCAfromHalifaxforwebsite.jpg?t=1205080562

http://i197.photobucket.com/albums/aa77/bathgatebuyer/HalifaxCCAsupposedlypart2.jpg?t=1205080579

 

 

 

Hi,

 

 

Is the signature yours?

 

Where did you apply at?

 

 

Jeff.

Link to post
Share on other sites

Hi Everyone. I have had a copy of a credit agreement sent to me that I'm sure is reconstructed. I don't really want to say why openly on here but I will PM if details are needed. Its not a photocopy or a micro-fiched copy, well it doesn't have any obvious signs of being. It also doesn't have any signatures or dates and it doesn't look like they have been covered up.

 

Where would I stand on this in challenging the agreement?

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

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

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

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

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

Link to post
Share on other sites

Hi Everyone. I have had a copy of a credit agreement sent to me that I'm sure is reconstructed. I don't really want to say why openly on here but I will PM if details are needed. Its not a photocopy or a micro-fiched copy, well it doesn't have any obvious signs of being. It also doesn't have any signatures or dates and it doesn't look like they have been covered up.

 

Where would I stand on this in challenging the agreement?

 

There's no need to challenge an agreement without a signature - just quote s.127(3) at them and leave it at that.

 

Link to post
Share on other sites

There's no need to challenge an agreement without a signature - just quote s.127(3) at them and leave it at that.

 

Hi Chris

 

I noticed that the agreement has the APR quoted but not the interest rate. I know the CCA states that interest is a perscribed term. Does this also add to making the agreement unenforcable without a court order?

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

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

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

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

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

Link to post
Share on other sites

Hi Chris

 

I noticed that the agreement has the APR quoted but not the interest rate. I know the CCA states that interest is a perscribed term. Does this also add to making the agreement unenforcable without a court order?

 

APR was a prescribed terms after the 2004 agreement regulations - the OFT want it on agreements to allow punters to compare loans like with like.

 

The 1983 regs don't mention APR, so to me, APR is different to rate of interest - otherwise, why would the OFT introduce it in 2004 when it was enacted in s.60s/s.61 since 1974? ;)

 

Link to post
Share on other sites

APR was a prescribed terms after the 2004 agreement regulations - the OFT want it on agreements to allow punters to compare loans like with like.

 

The 1983 regs don't mention APR, so to me, APR is different to rate of interest - otherwise, why would the OFT introduce it in 2004 when it was enacted in s.60s/s.61 since 1974? ;)

 

The agreement is meant to be from 2001...... Do you think my assumption would be correct that without the interest rate on there the agreement is unenforcable without a court order?

 

I just want someone elses slant on it before writing back. Obviously they have already sent me this supposed agreement and so they have already stated this to be THE agreeement so any further amendments (were I to point it out) could be frowned upon?

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

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

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

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

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

Link to post
Share on other sites

The agreement is meant to be from 2001...... Do you think my assumption would be correct that without the interest rate on there the agreement is unenforcable without a court order?

 

I just want someone elses slant on it before writing back. Obviously they have already sent me this supposed agreement and so they have already stated this to be THE agreeement so any further amendments (were I to point it out) could be frowned upon?

 

Er, if the interest rate is missing, (presuming the Court agrees with us that the APR isn't the interest rate) that's a missing prescribed term, so the agreement is irrevocably unenforceable.

 

Link to post
Share on other sites

Er, if the interest rate is missing, (presuming the Court agrees with us that the APR isn't the interest rate) that's a missing prescribed term, so the agreement is irrevocably unenforceable.

 

Great! Thanks for your advice. I'm going to put it in my letter regarding the interest rate and see want I get back from them. I can only but try...... I may try with a second agreement I have that is missing the interest rate too.

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

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

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

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

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

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4954 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...