Jump to content


  • Tweets

  • Posts

    • Hi. Welcome to CAG. How was the car purchased?  
    • Absolutely for the agreement they are referring to.... puts them on notice that this is going to be a uphill fight.   Andy 
    • Particular's of claim for reference only 1. the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account (16 digits) 2. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. 3. The debt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  4. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Suggested defence 1. The Defendant contends the particulars of the claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.3 (3) in relation to any particular allegation to which a specific response has not been made. 2. The claimant has not complied with paragraph 3 of the PAPDC (Pre action protocol) failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st of October 2017. It is respectfully requested that the court take this into consideration pursuant 7.1 PAPDC. 3. Paragraph 1 is noted. I have in the past had financial dealings but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification. 4. Paragraph 2 is denied. I have not been served with a default notice pursuant to the consumer credit act 1974. 5. Paragraph 3 is denied. i am unaware of any legal assignment or notice of assignment. A copy of assignment was sent by Overdales solicitors when acknowledgement of receipt of CPR request was received, but this was not the original.   6. Paragraph 4 is denied. Neither the original creditor or the assignee have served notice pursuant to sec86c of the Credit Consumer Act 1974 Notice of Sums in Arrears and therefore prevented from charging interest on debt regulated by the CCA1974. 7. The defendant submitted a request for a copy of the alleged agreement pursuant to s78 CCA 1974. The claimant has acknowledged receipt of request but has failed to comply. The claimant has failed to provide any evidence of balance or Default Notice requested by CPR 31.14 8. It is therefore denied with regards to defendant owing any monies to the claimant. therefore the claimant is put to strict proof to:  a.  Show how the defendant has entered into an agreement with HSBC. b.  Show and evidence the nature of breach and service of a Default notice pursuant to section 87 (1) CCA 1974. c.  Show and quantify how the defendant has reached the amount claimed for. d.  Show how the claimant has the legal right, either under statute or equity  to issue a claim. 8.  As per civil procedure rule 16.5 (4) it is expected claimant prove the allegation that the money is owed. 9.  Until such time the claimant can comply to a section 78 request he is not entitled, while the default continues, to enforce the agreement 10. By reasons of the facts and matters set out above, it is denied that the claimant is entitled to the relief claimed or any relief.     .
    • OK, well rereading the court orders from March, in the cold light of day rather than when knackered late at night, it is quite clear that on 25 June there will only be a preliminary hearing about Laura representing her son.  Nothing more. It's lazy DCBL who haven't read things properly and have stupidly sent their Witness Statement early. Laura & I had already been working on a WS, and here it is.  It needs tweaking now after reading the rubbish that DCBL sent and after all of LFI's comments.  But the "meat" is there. Defendant's WS - version 1.pdf
    • Morning, I purchased a car from Big Motoring World on 10th December 2023 for £14899.00. On the 15th December I had a problem with the auto start stop function of the car in which the car would stop in the middle of the road with a stop start error message. I called the big assist and the car was booked in for February. The BMW was with them for a week and it came back with the auto stop start feature all fine and all error codes cleared on the report from big motoring world. within 5 days I had the same issue. Warning light coming on and the car stopping. I called big assist again and the car was again booked in for an other repair in May. Car was taken back in may, they had the car for a week and returned with the report saying no issue with the auto stop start feature and blamed my driving. Within 5 days of having the car back it broke down again. This time undrivable. I had the rac pick my car up and take to Stephen James BMW for a full diagnostic. The diagnostic came back with the car needing a new fuel system as magnetic swarf was found.  I have sent big motoring world a letter stating all the issues and that under the consumer rights act 2015 I have asked for a replacement vehicle. all reports from Stephen James BMW have been sent over to big motoring world. Big motoring world have come back and said they will respond to my complaint within 14 days for the date of my complaint letter. I am not feeling confident on the response from them, what are my next steps?   Thanks in advance. 
  • 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

NCO Europe KEEP calling!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5557 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

  • Replies 482
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Haha. I hate it that genuine good people are losing jobs (construction, retail, etc) and these coyboys keep theirs. But then again generally the people who work at these places have no ambition or can not get a job where a skill is required. Oh well they will have no debts to collect on soon the way the banks are going!

Link to post
Share on other sites

For some reason my post yesterday is not there:

 

I sold a laptop last year for £110. I sent it parcelforce or some other method which did not have a signature. I withdrew the money from my paypal account and used it thinking nothing of it.

 

At a similar time I sold a digital camera on Ebay for £57. The camera was 3 years old and was described as 3 years old but in decent condition. Then around 6 weeks later the guy had come back off holiday and said that the batteries do not last long on the camera and he deemed it as faulty. I disputed this and said I used lithium batteries and got at least 200 pictures per set. He said he got 100 per set. Basically not my problem because I described it as 3 years old and did my part. Even for example if the camera broke 3 weeks later it would not be my fault or problem because there was no warranty or anything like that. But the fact is it worked and just didnt last long in "his" opinion.

 

So he did a paypal claim which i rejected. Paypal awarded in his favour anyway, which is against UK Consumber law so I was told by CAB. So then the buyer sent the item to a fake address and to this day it says on the royal mail website something like:

"this item is being held at depot 0000000 and we have attempted delivery at 0000" Some weird thing like that which does not confirm delivery or anything, to me it looks like he has sent it to a fake address.

 

But yet paypal issue HIM a refund. I have no camera and he gets his money, and probably has the camera.

The same then happened with the laptop, the buyer claimed he did not recieve it and because stupid me didnt use a signed for method, I can only prove that it was sent and not recieved. I contacted royal mail who have nothing in any depot, I put a returns address on it.

I then closed my paypal account with the minus balance and refused to pay it. Around 6 months later I had a letter from a debt collection agency and I called. I forgot to put 141 and they had my telephone number, so I had to change my telephone number because they were calling at least 5 times per day.

I told them to take me to court and I will prove that firstly I do not have the camera back so how they legally think they can take money off me for that and secondly I have proof of sending the laptop. The balance I "owe" is £250 or something, which is not the actual amount either.

 

So I got a card last week from "P.BROWN" which says:

"I CONFIRM I WILL BE CONTACTING YOU". It does not say a date and time (they cannot contact me because they have no phone number for me) and below that it says "If this is inconvenient please call me on (0870) 903 2341 quoting the reference number on the address side of the card. Regards. P.BROWN"

 

I might write on it "return to sender, no one at this address". But then I would be as bad as them. If they have proof and want the money, why don't they just take me to court? Because they know they do not have a toe to use the foot to use the leg to stand on!!

 

It is really annoying how they can get away with tactics like this, if I didnt change my telephone number I would be getting harrassing telephone calls. If I ring the 0870 number and do not press 141 then they would have a system to record my number I bet! I want them to stop with their little cards (I only had 1 letter) or either take me to court.

 

What I do not get is how paypal flout the law. They can close your paypal account or freeze it for up to 6 months without even having to explain why! So if for example you was stupid enough to leave a balance of £100 or more in there for purchasing purposes or you load money onto it to use, you can have it frozen for no reason. I read about them freezing thousands of dollars worth of charity money for hurricane Katrina back in 2005. I hate having to use paypal. I have to use them for my business too because they are the cheapest option and cannot afford another company at the moment. When I do get paid subscriptions from people for my villa website, I take the money out straight away.

 

Any advice? Is there a body I can complain to? Maybe companies house?

Or shall I just let paypal take me to court over this because I am not being scammed. If they want to give [problematic] money then that is their choice, but not me.

Link to post
Share on other sites

As usual the DCA trolls disappear under their stones when challenged (I think they are all challenged anyway) by the law. As Mr Ton says we must really be hitting the threat monkeys where it hurts, in their wallets. They will just have to spend less on WKD at the weekends.

Link to post
Share on other sites

As usual the DCA trolls disappear under their stones when challenged (I think they are all challenged anyway) by the law. As Mr Ton says we must really be hitting the threat monkeys where it hurts, in their wallets. They will just have to spend less on WKD at the weekends.

 

Yea, and the people who owe money to DCA clients hide under their stones when they realise they owe money, spend less on WKD you say? gosh, someone has really ''rattled your cage'' aint they;-)

Link to post
Share on other sites

Yea, and the people who owe money to DCA clients hide under their stones when they realise they owe money, spend less on WKD you say? gosh, someone has really ''rattled your cage'' aint they;-)

Hmm,

 

I rattled the cage of a well known DCA today,

 

sad thing was,

 

i had a court order for £27893.00 in costs against them as they had acted unreasonably, threatened my client with all kind of nasty things (which they would never be able to do anyway)

 

so took clients instructions, issued proceedings, they defended but actually as they knew their position was indefensible, and we got judgment at a summary judgment hearing with costs on indemnity basis

 

the debt is declared unenforceable by order of the court, s142 CCA 1974 and the DCA now have to pay our client more than they paid for the debt let alone our costs

 

so, im more than happy for the DCAs to commit corporate suicide as it just adds to my profits

Link to post
Share on other sites

Hmm,

 

I rattled the cage of a well known DCA today,

 

sad thing was,

 

i had a court order for £27893.00 in costs against them as they had acted unreasonably, threatened my client with all kind of nasty things (which they would never be able to do anyway)

 

so took clients instructions, issued proceedings, they defended but actually as they knew their position was indefensible, and we got judgment at a summary judgment hearing with costs on indemnity basis

 

the debt is declared unenforceable by order of the court, s142 CCA 1974

 

 

 

 

 

Ahhh well done sir, hate to tell you this but your claim is a little drop in the sea to be honest, DCA's collect stupid amounts of money to make up for that, and break the rules all the time to be honest, but you won't close down DCA's, they are simply too big.

 

Let me guess, you live tax payer as well:roll:

Link to post
Share on other sites

 

Ahhh well done sir, hate to tell you this but your claim is a little drop in the sea to be honest, DCA's collect stupid amounts of money to make up for that, and break the rules all the time to be honest, but you won't close down DCA's, they are simply too big.

 

 

Funny, RBS used to say the same, before they got caught out

Link to post
Share on other sites

Hmm,

 

I rattled the cage of a well known DCA today,

 

sad thing was,

 

i had a court order for £27893.00 in costs against them as they had acted unreasonably, threatened my client with all kind of nasty things (which they would never be able to do anyway)

 

so took clients instructions, issued proceedings, they defended but actually as they knew their position was indefensible, and we got judgment at a summary judgment hearing with costs on indemnity basis

 

the debt is declared unenforceable by order of the court, s142 CCA 1974 and the DCA now have to pay our client more than they paid for the debt let alone our costs

 

so, im more than happy for the DCAs to commit corporate suicide as it just adds to my profits

 

 

Please feel free to rip into me as much as you like, i work for BAE systems now and i suppose consumer action group have something to say about them as well, im dammed if i do and im dammed if i dont, its like being the Prime Minister:roll:

 

 

I think NCO are a long way from commiting corporate suicide, a long, long way.

Link to post
Share on other sites

" and break the rules all the time to be honest, but you won't close down DCA's, they are simply too big."

 

Heard of a DCA called 1st Credit by any chance?

 

 

(The OFT have) :D

 

The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices

 

 

Very good, but 1st credit isn't NCO is it, do you know how many times NCO have been found to be in breach of such rules? i think you will be pleasantly suprised.

Link to post
Share on other sites

Hmm,

 

I rattled the cage of a well known DCA today,

 

sad thing was,

 

i had a court order for £27893.00 in costs against them as they had acted unreasonably, threatened my client with all kind of nasty things (which they would never be able to do anyway)

 

so took clients instructions, issued proceedings, they defended but actually as they knew their position was indefensible, and we got judgment at a summary judgment hearing with costs on indemnity basis

 

the debt is declared unenforceable by order of the court, s142 CCA 1974

 

 

 

 

 

Ahhh well done sir, hate to tell you this but your claim is a little drop in the sea to be honest, DCA's collect stupid amounts of money to make up for that, and break the rules all the time to be honest, but you won't close down DCA's, they are simply too big.

 

Let me guess, you live tax payer as well:roll:

 

Maybe you should read the Dummies Guide to the forum, it shows you how to quote posts correctly,

 

anyway

 

i hate to tell you but it is not, we have a large quantity of claims on the go currently with DCAs

 

now sooner or later, the ratio will tip in favour of the debtor if these unscruplous companies dont get their houses in order

 

lets look at my case for example today

 

Debt £7K

 

Purchase price £2.4K

 

Cost to DCA through their own stupidity= £370000 (approx) including damages etc

 

so, any business will suffer if they keep losing more than they make and that is what we are doing currently with many DCAs. and BTW we are a major law firm so trust me, we WILL cause waves:wink:

Link to post
Share on other sites

 

Maybe you should read the Dummies Guide to the forum, it shows you how to quote posts correctly,

 

anyway

 

i hate to tell you but it is not, we have a large quantity of claims on the go currently with DCAs

 

now sooner or later, the ratio will tip in favour of the debtor if these unscruplous companies dont get their houses in order

 

lets look at my case for example today

 

 

 

Debt £7K

 

Purchase price £2.4K

 

Cost to DCA through their own stupidity= £370000 (approx) including damages etc

 

so, any business will suffer if they keep losing more than they make and that is what we are doing currently with many DCAs. and BTW we are a major law firm so trust me, we WILL cause waves:wink:

 

 

So as an expert pencil pusher can you tell me how many successful claims you have had involving NCO?

Link to post
Share on other sites

Ive got some news for you.

We wont be paying & never will be paying, unless a county court orders ortherwise.

You have no legal powers whatsoever - why cant DCA's just accept that simple fact?

We all know it costs you money to take us evil debtors to a county court so thats why you rarely go near the places.

Threatening is the only thing you can do...well guess what, the police/government/OFT/trading standards/information commissoner...everyone for that matter, is cracking down on you.

How does it feel to be such a targeted industry now like you are? ;)

#

So you basiclly borrowed the money from the bank,spent it and now you dont want to pay it back? So this is exactl why people like yourself, get phone calls and letters everyday - and it would lead to further action. Fair enough all we do is ring you every day, but by burying your head in sand wont resolve your issues :lol:

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5557 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...