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    • jk2054 - I haven't started a claim with OIC or MIB yet, due to being unable to obtain the name of the other driver.  BankFodder cheers for that, I'll go back to them with this info & update on here when I've had a response
    • Andy thanks for your reply. No i am now being evicted from the house i moved into after that previous post. The letting agent lied to me when they said the landlord would not be selling the house. SHe did not mention that the landlord tried to sell the house last year, i was not told this, 4 months into the tenancy i got the eviction notice. Its obvious they lied to me and used me to fill in the gap between their attempts to sell the house. I have filled in the defence form as it was easy to follow the old one from my previous post. I will post it later on in the hope someone can give it the once over. It has to be in by the end of this month may 31st.  
    • It's a GR Yaris - Finance is with Alphera, who are part of BMW I believe. I'm sure the unit is very expensive to repair, I have even told them I would be happy with a refurbished/reconditioned unit, in trying to be reasonable as well.
    • Without seeing this envelope, document and sticker it is impossible to advise properly. However, just going on what you have told us, there are two ways you can deal with this: !. The easy way. This has the lowest risk but the guarantee of a penalty for speeding.  You can respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box you can explain that you responded to the request for driver’s details but it was recently returned to you, seemingly not actioned. However, you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. You could also ask the court to consider sentencing you at the fixed penalty level (£100 and 3 points) as this prosecution seems to be the result of an administrative problem outside your control. 2. The not so easy way with higher risk. This could see you convicted of the FtP charge but has the possibility that you escape with no penalty whatsoever. You can do the same – plead not guilty to both charges. If you go down this route the speeding charge cannot succeed as they have no evidence you were driving. This comes from your response to the request for driver’s details which the police say they have not got. You can mention in the “Reasons” box that you returned the request for driver’s details as required. You will then face a trial for the FtP charge and you can produced your response together with the envelope and sticker showing it had been returned to you. The risk with this is that if your defence fails you will be fined a week and a half’s net income, pay a “Victim Surcharge” of 40% of the fine, pay prosecution costs of around £650 and have six points together with an endorsement code (MS90) which will see your insurance premiums rocket.
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Hi can anyone help me. I received a letter from link today saying that someone has applied for credit in my name but from an address linked to my current one. I think this is a ploy to get me to contact them as I defaulted on a credit card 5 years ago. Also can you tell me what cca means. thanks.

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Hi can anyone help. I have received a letter from link financial saying that someone has applied for credit in my name from an address linked to my current one. I think this is a ploy to get me to contact them as I defaulted on a credit card debt 5 years ago. also what does cca mean I have seen it a lot in correspondance in threads. thanks.

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wait til they play their cards

 

never ever phone them nor converse on the phone

 

they have no legal powers anyhow

 

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... 

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You will probably be able to read their letter in two ways, they are probably trying to make it appear as if someone has recently applied for credit in your name at the old address, whereas they are really trying to ascertain whether you are the person who applied for credit five years ago. ;)

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thanks guys but what does cca stand for, also i had the credit card foe about 15 years and no probs then went up the creek so had to default cos they wouldnt listen to me and suspend the account or accept small payments. sorry again what does cca mean.

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Link dont supply credit they chase it ...its a ploy to get you to ring them, very misleading and against the guidance on debt collection.

 

CCA = Consumer Credit Agreement

 

Regards

 

Andy

We could do with some help from you.

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Yes if they can prove its your debt

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Thank you Andyorch That was what I thought but needed reassuring. Also thanks for abbreviation meaning. I went and destroyed the letter. instead of keeping it.

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Request a copy of the agreement (CCA) letter N in the templates and head your request " I do not acknowledge any debt with your Company ".Enclose a £1 Postal Order and send recorded delivery.

Oh and keep a copy this time.:wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Make them prove a debt exists first by sending this; http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt you do not need to enclose any money.

 

It sounds as if this alleged debt is either Statute Barred or very nearly & if you admit to the debt it will reset the SB clock.

 

Depending on what they send back will dictate your next move, but we'll deal with that later. ;)

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