Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • Sach45
      I Asher to say I was caught shoplifting and I’m scared for my life. Can’t breath

      By Sach45 · Posted

      Hi I was caught shoplifting 4 items £20 worth, I’m petrified the Police will come to my house now please can you help. What can I do I worried about my job. 
    • Ex expat3
      Idr/J&P Emirates NBD - credit card in Dubai

      By Ex expat3 · Posted

      I heard nothing more from J&P but have now had an email from the bank saying they have instructed IDR to act on their behalf?  so are they just passing it back? Selling it on again? I don’t know if this is a good or bad thing 
    • SPM87
      Advice and insight please

      By SPM87 · Posted

      I posted a couple of years ago about our debt situation and have been trying to pay off our debt as best we can. It is a possibility I maybe made redundant in a few months time, so I am trying to find out everything I can about what happens in today’s world when you can’t pay. I keep finding conflicting advice on various sites so I wanted to post this quote to get thoughts. It claims basically that the dca will likely get enforceable documents these days and therefore it’s likely you will have to pay dca at some point during the 6 year process.    on here I read a lot of comments assuming the exact opposite of this. A lot of the threads on here state the beginning of the process but I never see conclusive stuff about what happened from start to finish to get insight into whether debts post 2015 have been enforced etc. I hear a lot here not to pay dca companies but most my debts are post 2015 debts I am all up to date on our debts but if I lose my job it is likely I’ll end up where I tried to avoid in the first place. Which is destroying our files and dealing with DCA. I’ll post it below so you can see what I mean.   It is likely that any debts incurred after 2007 will end up with all the documentation being provided and being enforceable. Therefore you should use the time while awaiting responses going through your Income & Expenditure and considering any possiblity of making a full and final settlement. It can take a number of months to reach the stage of a hearing date and exchange of witness statements and normally you would be able to settle or come to an arrangement to pay before the court hearing, once documents have been provided, although this isn’t guaranteed.
    • dx100uk
      Judge & Priestly

      By dx100uk · Posted

      depends who said sols state their client is. IDRWW vis~IDR(worldWide) are a debt collector regulated & registered in the UK & USA    they are not solicitors. they use various 'for hire' - here use our letterhead paper tiger solicitors. its just a case of who's stupid enough to join their folly. IDR law used to be their fav but they lost do much money, they broke ties after almost being struck off and now do Will/Probate disputes only. IDR Legal are their sols wing. moriarty law Judge and priestly Taheel - a foreign DCA that use absolutely any trick in the book to extort money even pretending to be any of the above inc being the bank themselves in phone calls.           
    • dx100uk
      ENBD/IDRWW/IDR Legal - letter of claim now statutory demand

      By dx100uk · Posted

      And? dx  

  • Recommended Topics

  • Our picks

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

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

marlin/Reston claimform - dads lloyds credit card 'debt'

NGEddie

By NGEddie
in Financial Legal Issues

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2780 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

dx100uk

dx100uk

Posted
Posted

the 30days went out years ago.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
  • Replies 192
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Cheers dx

 

 

So they have failed the 12+2 to comply so far...

 

 

I was reading a few other threads on where you and others were also discussing the 30 day period after the 12+2 and there were for and against views on if to pay, or wait until the 30 has gone too?

 

 

The payment is pretty much due now, and I fully understand no agreement = no pay, however I didn't want to not pay then it alert them to look at the account again, as we are quite close to the 30 days being up too.

 

 

Is it a better position to have the 12+2 and the 30 days gone by, then send the non comply letter?

 

 

Opinions much appreciated

 

 

Cheers

 

 

E

 

 

There are some DCAs replying to CCA requests stating that They will comply within 40 days this is wrong and should be challenged immediately.

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
NGEddie

NGEddie

Posted
  • Author
Posted

Oh right, well as I said I was reading up on similar threads which may have been a couple of years old

 

So should I send the no comply letter now then?

 

You said above...until they comply...does this mean we would have to start paying again IF they produce one?

Link to post
Share on other sites
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Oh right, well as I said I was reading up on similar threads which may have been a couple of years old

 

So should I send the no comply letter now then?

 

You said above...until they comply...does this mean we would have to start paying again IF they produce one?

Yes if 12 + 2 Working days has passed, the could supply a "reconstituted" agreement that satisfies a CCA request but may not sufficient to use in court.

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
NGEddie

NGEddie

Posted
  • Author
Posted

Ahh yes I heard that word before.

 

As dx picked up on before, judging by their instant offer for a FAF redunction as soon as they took it over, theres is probably a good chance they dont have a copy of the agreement.

 

I also just though, they at no point issued a deed of assignment, does that make a difference?!

Link to post
Share on other sites
dx100uk

dx100uk

Posted
Posted

you mean notice not deed

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Ahh yes I heard that word before.

 

As dx picked up on before, judging by their instant offer for a FAF redunction as soon as they took it over, theres is probably a good chance they dont have a copy of the agreement.

 

I also just though, they at no point issued a deed of assignment, does that make a difference?!

I think you mean a Notice of Assignment, the Deed of Assignment is the contract between debt seller and debt purchaser.

 

 

A NOA simply states that Company A has acquired the rights and interest of an account from Company B on xxxxxxxxxx in line with the Law of Property 1925.

 

 

NOAs can be sent by the original creditor and / or the debt purchaser.

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
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Thanks, so the fact they have not sent one matters or not?

 

NOAs are not kept as hard copy on a "customers" file all that happens is a note is made on the file that the NOA was sent ona particular date, the creditor/DCA can rely on that note.

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
NGEddie

NGEddie

Posted
  • Author
Posted

Thanks for the replies

 

So if as they have not supplied the aggreement in time, we stop paying, then say they do produce one, we need to start paying again? I guess it begs the question why give them the 12+2 as a time then?

 

So should I sent a failure to comply letter now and stop paying?

 

Many thanks

 

E

Link to post
Share on other sites
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Thanks for the replies

 

So if as they have not supplied the aggreement in time, we stop paying, then say they do produce one, we need to start paying again? I guess it begs the question why give them the 12+2 as a time then?

 

So should I sent a failure to comply letter now and stop paying?

 

Many thanks

 

E

 

 

The 12 +2 Working day time scale is laid down in the CCA 1974 (as amended) i.e. a statutory requirement.

 

 

Yes stop payments if you wish, definitely send the letter now.

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
NGEddie

NGEddie

Posted
  • Author
Posted

Ok great thanks

 

There seems to be fors and against but I think all the threads I was reading were old about stopping payment, so what would I expect to happen if we stop payments and send the letter?

 

Oh and where can I find the letter template :oops: please?

Link to post
Share on other sites
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Ok great thanks

 

There seems to be fors and against but I think all the threads I was reading were old about stopping payment, so what would I expect to happen if we stop payments and send the letter?

 

Oh and where can I find the letter template :oops: please?

 

 

Letter in the CAG library.

 

 

You can expect them to "throw their toys out of the pram"/ "have a hissy fit"!!

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
NGEddie

NGEddie

Posted
  • Author
Posted

Hmmm so which letter is it? I coudnt see an applicabale one :/

 

Thought as much, however, as they first off offered a FAF amount, now have not replied, I am guessing there is a good chance they do not have the agreement so dont need to pay them?

 

Cheers

 

E

Link to post
Share on other sites
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Hmmm so which letter is it? I coudnt see an applicabale one :/

 

Thought as much, however, as they first off offered a FAF amount, now have not replied, I am guessing there is a good chance they do not have the agreement so dont need to pay them?

 

Cheers

 

 

 

 

 

 

E

 

 

 

 

Ok Eddie.

 

 

Just send this.

 

 

To the DCA

 

 

Ref: use theirs:

 

 

Re: Request made under sections 77/78 of CCA 1974 (as amended):

 

 

XXXXXXXXXXX has failed to comply with my lawful request made under CCA 1974 within the statutory time scale.

 

 

I know consider the matter closed.

 

 

 

 

Yours etc:

Use signed for post

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
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Thanks very much, I cant add to yours or dx's reputation at the mo, but thanks lots to both of you!

 

So the general feeling from ya'll is to stop paying then?

 

Cheers

 

E

 

 

Yep go with the flow Eddie,

Your thanks are much appreciated.

 

 

Brig:

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
NGEddie

NGEddie

Posted
  • Author
Posted

No worries, it is all much appreciated and donations shall be made accordingly :) as witrhout sites like this the boostoods would walk all over us!

 

So possibly obvious question, lol, on the template where it says:

 

Re: Request made under sections 77/78 of CCA 1974 (as amended):

 

do I just delete the...as amended bit? :/

 

and the xxxx bit I just type the DCA name?

 

Many thanks

 

E

Link to post
Share on other sites
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
No worries, it is all much appreciated and donations shall be made accordingly :) as witrhout sites like this the boostoods would walk all over us!

 

So possibly obvious question, lol, on the template where it says:

 

 

 

 

Re: Request made under sections 77/78 of CCA 1974 (as amended):

 

do I just delete the...as amended bit? :/

 

and the xxxx bit I just type the DCA name?

 

Many thanks

 

E

The CCA 1974 has been amended and up dated many times over the years so is expressed as " as amended" xxxxx yes the DCAs name.

 

 

I am sure your donation will be much appreciated, thank you!!

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
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
No worries :)

 

So on the signed for post bit, do Il leave that and sign over it or just dont sign it? Probably rather not sign it if we can do that.

 

Cheers

 

E!

Royal Mail recorded delivery Eddie.

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
  • 4 weeks later...
NGEddie

NGEddie

Posted
  • Author
Posted

Hi all Little update after having no reply to the CCA request within the time, I sent the no reply, consider the matter now closed letter. Despite them signing for it, then sent a reply saying they did not get the request, but shall now obtain and supply the CCA, this was a few week ago and nothing yet. So, sit and wait?! Is this to be expected? Many thanksE!

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...