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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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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
        • Like

Quickquid Way Out?


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Had this email twice today from Quickquid they getting on my nerves now. Sent complaint to OFT

Dear xxxxxxxxx

Customer xxxxxxxxxxx

 

We received your email regarding your loan balance and your situation has been noted. Collection procedures will continue until an acceptable payment arrangement is made. However we will accept any payments that you make to us, it just will not be set on a payment plan.

 

Please call our Collections Department to set up a scheduled payment plan.

 

QuickQuid Collections Department

Direct Line: 0808 234 4561

Fax: 0808 101 1381

[email protected]

www.QuickQuid.co.uk

 

Call free from landlines. Mobile phone companies may charge up to 40p per minute.

 

Terms and Conditions apply. All loans are subject to status and affordability checks prior to approval. All applicants must be 18 or over.

 

QuickQuid is the trading name of CashEuroNetUK, LLC. CashEuroNetUK LLC is a Limited Liability Company incorporated in the United States. Head Office: 200 W. Jackson Blvd., 14th Floor, Chicago, IL USA. Correspondence Address: 483 Green Lanes, London, N13 4BS. Consumer Credit Licence #: 603395.

Rachelle M

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Good job on forwarding it. The more complaints the OFT get, the better.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I sent this to my bank:

 

Due to a lack of cooperation from my lenders I have been forced to take action myself and so I write to ask that you please cancel any and all Continuous Payment Authorities or other such types of payments on the above account to the merchants http://www.Wonga.com, Quickquid and any related merchants immediately. Under regulation 55 of the Payment Services Regulations 2009 you are obliged to comply with this instruction.

 

Please confirm you have done so in writing to the above address, that which is the address you regularly contact me at.

 

Thankyou for your assistance in this matter,

 

They replied:

 

Visa Debit Card Transaction

 

Thank you for your recent Secure e-Message.

 

I regret that I am unable to stop any Visa transactions as they are guaranteed form of payments. Once the details of the card is provided to the beneficiary to claim funds, under no circumstance a bank can stop the payment from debiting. If you wish to cancel these payments, you would need to contact the beneficiary. However, if the transaction is undertaken without your authorisation, you can contact us to initiate an investigation.

 

The only way to prevent future transactions is by cancelling the existing card and obtaining a new one. Please call our Customer Service Centre on the numbers below to action this.

 

Alternatively, if you wish to continue with the existing card and if at any point of time, you notice that merchant have claimed a payment without your authorisation, please call our Customer Service Centre immediately to report this fraudulent transaction.

 

 

Thoughts?

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Yea, unfortunatley direct VISA payments are guaranteed, but you can claim a chargeback. However, they CAN stop the CPA on the account related to it. Tell them to read the FSA rules from 2009 and adhere to them. Emphasise that you want the CPA stopped on the card.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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should i quote;

 

55.—(1) A payment transaction is to be regarded as having been authorised by the payer for the purposes of this Part only if the payer has given its consent to—

 

(a)the execution of the payment transaction; or .

(b)the execution of a series of payment transactions of which that payment transaction forms part. .

(2) Such consent—

 

(a)may be given before or, if agreed between the payer and its payment service provider, after the execution of the payment transaction; and .

(b)must be given in the form, and in accordance with the procedure, agreed between the payer and its payment service provider. .

(3) The payer may withdraw its consent to a payment transaction at any time before the point at which the payment order can no longer be revoked under regulation 67.

 

(4) Subject to regulation 67(3) to (5), the payer may withdraw its consent to the execution of a series of payment transactions at any time with the effect that any future payment transactions are not regarded as authorised for the purposes of this Part.

 

?

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Replied with

 

Please refer to the FSA Payment Services Regulations of

2009:

 

55.(1) A payment transaction is to be regarded as having

been authorised by the payer for the purposes of this Part

only if the payer has given its consent to

 

(a)the execution of the payment transaction; or .

(b)the execution of a series of payment transactions of

which that payment transaction forms part. .

(2) Such consent

 

(a)may be given before or, if agreed between the payer and

its payment service provider, after the execution of the

payment transaction; and .

(b)must be given in the form, and in accordance with the

procedure, agreed between the payer and its payment

service provider. .

(3) The payer may withdraw its consent to a payment

transaction at any time before the point at which the

payment order can no longer be revoked under regulation

67.

 

(4) Subject to regulation 67(3) to (5), the payer may

withdraw its consent to the execution of a series of payment

transactions at any time with the effect that any future

payment transactions are not regarded as authorised for the

purposes of this Part.

 

If you wish to refer to the FSA website for further guidance,

you will find it here;

 

http://www.fsa.gov.uk/static/pubs/consumer_info/know_your

_rights_guide.pdf

 

and

 

http://www.fsa.gov.uk/pubs/consumer_info/know_your_rights

_payments.pdf

 

Consider this my withdrawal of consent.

 

Regards,

 

Lets see what tomorrow brings!

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If they still refuse, make sure you issue a formal complaint to the banks compliance officer/data controller.

  • Confused 1

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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This mornings reply;

 

Visa Transaction

 

Thank you for your recent Secure e-Message.

 

I confirm that I have forwarded your query to the relevant department for investigation. You will be contacted once the investigation has been completed.

 

Please do not hesitate to contact us should you have any further queries.

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Slightly confused!

 

In the first response from my bank they said;

 

The only way to prevent future transactions is by cancelling the existing card and obtaining a new one. Please call our Customer Service Centre on the numbers below to action this.

 

(see breakdown above for my response)

 

Today i received a call from the bank who said they have no means of preventing these payments from taking place. I explained that i had been informed differently and the agent on the line said i must have been mis-informed and that it was not possible. They did tell me though that should a payment go through that i have not authorised i can call the bank and have them investigate it and that they would credit me on the same day with the sum which was deducted while the investigation takes place.

 

I asked that they confirm this in writing, either online or via post, but was told they are unable to do this. I repeated this request a few times in the conversation, even asking for a recording of the telephone conversation to be sent (dont know if thats possible??) and eventually was told that if i go into a branch they can provide me a letter.

 

So! They havent stopped the CPA's for the payday lenders, but they will re-credit me while they investigate the transactions should they occur in the future,

 

Edit: They said that there is nothing they can do at all to prevent them, even changing my card, because they have such information as my account number, sort code, date of birth etc ?!?!?

 

 

Where should i go from here ?

Edited by Landros
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Tell the agent he is COMPLETELY wrong and to go and read the FSA law. Failing that, demand to speak to a senior manager. They MUST stop any and all CPA's on your account when you instruct them to. If they dont, they are breaking the law.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You have to make sure the call is recorded first. If they try to doge your question, you can SAR them, although this will cost £10. The best way to do it is to call again and ask the same thing again, but make sure they are recording the call.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Easiest way, type it out in short simple language, walk to your branch and hand it to a manager. Done.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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