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    • Sorry to ask, but I know I had SB template on PC, but can't find it. Also any search for template\SB letter takes me back here.  Any help to get to SB letter would be appreciated. I know I used it on a car HP co that wouldn't honor my FCS refund and after 6 years came threatening ( or rather their DCA). Worked a treat. Thanks in advance
    • Received this letter today after all this time !! Doesn’t sound like just a threat any advice please  Thanks  Photo.pdf
    • Good evening. Hoping to keep this short and concise. Any help really appreciated! Sent originated from council tax in 2019.  I moved address for a new career 240miles away in December 2019 and have lived here ever since.  A distant friend resides at previous address.  A CCJ was filed regarding this debt in January 2020 but no correspondence was received my end or at the old address.  Move forward to this year; early April I learn of a letter received from Bailiff - Notice of Enforcement dated 13/03. Stated I had ten days to settle a payment/payment plan or £75 will be added after ten days from 13/03 and bailiff instructed to visit.  Obviously I was unaware of this letter till well after the time period passed. Attempted to contact Dukes via email but zero response. Asked for breathing space in order to check the original debt with the respective council (I wasn’t awarded a week of Housing despite being on UC for a short period due to a contract date given by the old employer).  29/04 a note was left at the old address stating a bailiff had visited. New balance £310 more than original outstanding.  I’ve since contacted both the council and the bailiff agent to state I’m more than happy to settle the original debt over a payment plan but at this stage they will not remove the fees despite all correspondence not being sent to me and obviously me only seeing them much later than one would have expected.  Tried live chat today with the company and firstly was told the fees will remain because I spoke to the enforcement agent - I have never spoken to him/her.  secondly told the fees would remain because “I tried to use their web chat service to complete an income form” - I have zero recollection of doing this and I also wonder if it’s another tactic? any help on where I stand with the fees added would be incredible. Thank you
    • the evidence you have from Mercedes is perfect. simply write to both the finance company and the dealership that sold you the car, stating under the consumer rights Act 2015 should a fault appear outside of 6mts, it's for the consumer to prove the fault was present at time of sale. Please find enclosed a copy of said report from Mercedes at XXXX stating quite clearly that the windscreen was replaced on Date , some xxx months/years BEFORE my purchase on DATE. there is a bill to pay of XXX to XXX , i expect you to sort this out between yourselves , i am not liable for this. something upon those lines anyway.  
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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
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Payday Overdraft Andrew hart Help Please :) - ***Won***


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Do you have a list of the charges? I would put in a counter claim for those charges and interest. Also add £9.25 an hour for your time in sorting out your paperwork. In civil matters litigants in person can be awarded costs for the work done in connection with their case. The rate is £9.25 per hour, claim that as well. I don't see enough being added to cases here lately, people should always add thier time costs to their cases.

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Do you have a list of the charges? I would put in a counter claim for those charges and interest. Also add £9.25 an hour for your time in sorting out your paperwork. In civil matters litigants in person can be awarded costs for the work done in connection with their case. The rate is £9.25 per hour, claim that as well. I don't see enough being added to cases here lately, people should always add thier time costs to their cases.

 

The hr rate is now £18! :wink:

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Oh good even better. Must add that to a Lloyds claim I am doing for a collegue for PPI.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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:) Well yesterday i spoke and to the hsbc manager in london bridge and showed him a few emails and contract and the claim as the was printing of statments for me to show me paying andrew hart! :) bless themthanks for the 50 page statment but the good news and cheered me up was that the manager said,

 

"This is the most unforceable debt and contact i Have ever seen", :)

 

This made me happy

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Its a lot more than £9.95 now for Litigant in Person charges, it is £18 an hour. (Just checked my own post, hence the edit).

 

Good morning to the two guests at 9.25 on a Saturday morning.

 

The fact that the bank manager said the paperwork was unenforcable should be got in writing, and with his comments on what makes it so.

 

The judge unfortunately may see otherwise.

 

At least now you have proof you paid him and have paid the original loan amount - use that against him at every opportunity.

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Ali Sethi? Hope that’s not a joke by him... Do you have a copy of the WS? Where does Mr Sethi say he’s from?

 

That’s a bit like you having Salman Rushdie as your brief.

 

 

(Edit: Just checked Law Society – he’s not a solicitor.)

Im sure that Ali guy is one of his admin team,,

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Interesting read! And well done in letting this go to court! Hopefully the judge will do something about this now.

 

I did consider taking out a payday loan with this company. I'm so glad I didn't bother. I've had my fair share of grief from a few of the bigger payday lenders. I'm not envious of those who are having to deal with this psychopathic bully!

It never rains but it pours...

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The judge won't take much notice, unless CAG is specifically mentioned (and it has been in POCs) don't say anything about the site and the discussions on this.

 

In this case the original loan amount has been repaid so he has no case for 'after contract fees' whatsoever. That is the key fact in this case and that is what should be emphasised as many times as possible during the hearing.

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He's told me several times that he will issue multiple claims for the same matter. So he might try. But it wouldn't get very far :-)

 

 

Has he said this verbally or in writing ?

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

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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.

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He sent me lots of emails that he was going to issue more court action after he had already initiated court action!

 

Have you kept the emails? These could be included with any defence/witness statement that you present to the court.

 

At the very least you could copy them to the OFT.. if he has already initiated litigation, then to threaten to keep on issuing court claims is not on.

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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  • 2 weeks later...

Have you received a court claim yet ?

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