Jump to content


  • Tweets

  • Posts

    • Thank goodness it's not your roof and you get to foot the bill! How big are these bits of mortar? How often are they falling into your garden? Hourly, daily? Just go ahead with your plans, of course, they're not going to be worried by your time pressures and the urgency of the situation, so simply carry on as you would have done and I'm sure everything will go fine. Unless there is a danger to life and serious structural issues which mean you cannot venture into your garden, then IMHO there is little more you can do less for what you have done so already and made them aware of the issue.
    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
  • Recommended Topics

  • 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 
      • 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
  • Recommended Topics

DCA Advice please


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

Thread Locked

because no one has posted on it for the last 4554 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

Over 12 months ago I put 4 x UCA claims in to one of those dodgy solicitors around at the time. They advised me each agreement was unenforceable and wrote to my Lenders explaining why and put them on notice not to commence collection proceedings without first obtaining an Enforcement order from court. They wrote to me recently advising they have fulfilled their obligation for the fee paid, but I should contact them if I am issued with any Legal Proceedings and they will defend my case for an additional cost, if they think my chances of winning haven’t fallen below 50% . Duh? Unfortunately, I am now well and truly in the DCA’s collection system with no legal back up. Foolishly I’d thought they would back me all the way through, hindsight is a wonderful thing.I am managing to keep them at bay with template letters on here and not speaking to them etc. but one or two are getting quite nasty and say they will be issuing proceedings without further notice. I am also getting regular wakeup and goodnight calls.None of us on here would put ourselves through this just for the fun of it, but I don’t want to go on a payment plan and be bullied by these people for the rest of my life and I can’t afford an IVA. I need to be prepared for them, and would really appreciate some advice please.

Link to post
Share on other sites

Lots more info is needed, who is chasing what, how much and who is the original creditor, what types of agreements are they? Loans, credit cards?

 

When you say UCA are you referring to a CCA? Consumer credit agreement?

Who is this dodgy solicitor? Is that really a no win no fee debt management company?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Hi Dolly

 

I agree with my colleagues' above comments.

 

Sadly, you have the lesson of not paying dodgy firms.

 

You have many options depending on the level of alleged debts, e.g. admin order under 5k; DRO under 15k, but otherwise there is no magic bullet to avoid legally enforceable debts without threat to any equity you might have in your property.

 

Some more info will help.

 

Love

 

vic

Link to post
Share on other sites

Thanks guys, had a bad day, will start individual threads tomorrow starting with the two that are giving me most grief. 3 x credit cards, 1 x loan, all over 5k taken out prior 2005. Property in partners name only. I wouldn't have gone to a claims management company (sadly I thought I was more clever than that), it was a solicitor and I assumed I had the comfort of a legal advisor behind me. Unfortunately not so.

Link to post
Share on other sites

Over 12 months ago I put 4 x UCA claims in to one of those dodgy solicitors around at the time. They advised me each agreement was unenforceable

Have you got the agreements yourself? Did you actually get a proper agreement for all 4? That sounds a bit unusual...

 

and wrote to my Lenders explaining why and put them on notice not to commence collection proceedings without first obtaining an Enforcement order from court.

Not the most clever thing to do, asking them to go straight to court, given that, when faced with UE agreements (or no agreement), lenders usually just pass the accounts round from DCA to DCA, been doing that with me for nearly two years now and you'll find plenty more examples!

 

They wrote to me recently advising they have fulfilled their obligation for the fee paid, but I should contact them if I am issued with any Legal Proceedings and they will defend my case for an additional cost, if they think my chances of winning haven’t fallen below 50% .

That sounds like a major rip-off! Basically you have paid them for nothing, as you can easily have written to your creditors and obtained the agreements yourself. Not only that, but it looks like they may not have been totally honest with regards to the enforceability of the accounts either!

You should look at the agreement you had with THEM and see what exactly you were supposed to get from your fees, you may have a case against them! You should be looking at reporting them to the relevant authorities such as the Law Society.

 

one or two are getting quite nasty and say they will be issuing proceedings without further notice. I am also getting regular wakeup and goodnight calls.

Don't talk to them on the phone EVER. Just refuse to answer their security questions and/or put the phone down! After a while, they'll stop trying.

 

Don't let them scare you with their bright red letters and all sorts of threats, they are just templates they churn out by the 100s!

 

None of us on here would put ourselves through this just for the fun of it, but I don’t want to go on a payment plan and be bullied by these people for the rest of my life and I can’t afford an IVA. I need to be prepared for them, and would really appreciate some advice please.

 

May be a good idea to post full details of your accounts along with any paperwork (minus personal details of course), some may be proper agreements, some may not, sounds like those 'solicitors' have been less than honest with you!

Link to post
Share on other sites

"Have you got the agreements yourself? Did you actually get a proper agreement for all 4? That sounds a bit unusual".No I didn't have the orginals, but what the solicitor applied for and got were not reconstructed, as I recognised them, two were just application forms with T & C's.I have the contract the solicitor sent me to sign, I found them on the internet based in London, which I will post up for those who might be interested.They didn't send me copy letters sent to OC, they just kept me informed but they did seem quite professional at the time.. It may take me a while though as I am at work and still learning how to use and post on this site etc. Shall I start one of my cases on this thread (will be easier) then separate for the other three?I have been reading lots of threads on here and following advice given to others.

Link to post
Share on other sites

I'm still struggling with my posts, I have uploaded the contract into my CP user but can't display the link. Also I am very concerned that it has the solicitors name all over it on their letterhead, am I allowed to show their name?

Link to post
Share on other sites

It is your choice please delete the names if you wish, but leave the

essential data.

It does help us to answer if the company/firm is known as many are

already well known to CAG.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Thank you everyone (and flowerchild) I got a letter today from the dca threatening legal proceedings saying they would be taking no further action. The other one I was worried about has put it on hold for 28 days, so that is encouraging. Not had any phone calls for over a week.. When I have more time over the holidays, I will specify my accounts/claims and share my experiences with you.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...