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    • Hi Firstly did you send the Formal Complaint letter I mentioned in post#6 and also did you send a SAR Request??? Right whoever that was from the Housing Association that stated they can do what they want is very sadly wrong and what they had just done by attending your property and trying to change the lock without a Possession Order from the Court is classed as an ILLEGAL EVICTION as a Notice to Quit does not give the Housing Association the Power to attend you Property and try to change the locks. You need to remember if you leave that property with no possession order from the courts and try to get the council to house you as homeless you will be classed as intentionally Homeless therefore you have no right to be given temporary housing by the Council. (as mention in my post=6). You need to do two thing urgently and they are another Formal Complaint to the Housing and to contact them by phone and not ask but demand to speak to the Housing Manager as to why they tried to carryout and Illegal Eviction without a Possession Order from the Courts by trying to change the Locks to your Property.   Dear Sir/Madam FORMAL COMPLAINT Reference: ATTEMPTED ILLEGAL EVICTION WITHOUT A POSSESSION ORDER FROM THE COURTS Today 18th June 2024 at approx XXXXhrs a Housing Officer attended my Property with a Locksmith to change the locks to my property unaware that I was in the property at the time and breaking into my property all caught on my doorbell camera. When challenged by myself on this matter that the Housing Association required a Possession Order from the Courts to even think about changing the Locks to my Property your Housing Officer was obnoxious and insisted that the Notice to Quit letter gave him all the powers he required to therefore change the Locks to my Property. What the Housing Association have just tried to do is to carryout what is classed as an ILLEGAL EVICTION as you did not have a 'POSSESSION ORDER from the COURTS' and a 'Notice to Quit' Letter does not give your Housing Association Carte Blanche to carry out such action as a Notice to Quit Letter is only the start of any Housing Association process for evicting a Tenant as your Housing Association should be fully aware of. The actions of your Housing Officer were all recorded on my Mobile Phone as well so I have full evidence of the Housing Association actions in attempting an Illegal Eviction which I will also be making the Courts fully aware of when you take this to Court to get a Possession Order. The actions of the Housing Association and specifically your Housing Officer have caused untold stress due to the above and I require an urgent meeting to explain your actions due to the above which I find absolutely disgraceful by the Housing Association and also require the following: 1. Your Eviction Policy (not the leaflet) 2. Copy of your Complaints Policy (not the leaflet) 3. Copy of your Customer Care Charter (not the leaflet) 4. Copy of your Equality and Diversity Policy (not the leaflet)   
    • the same 3 question on the n180 are asked before the mediation can begin. so you then say ... despite numerous requests dating back over 1yrs the claimant nor their sols have supplied me with requested paperwork to enable me to make an informed decision upon entering into mediation. i therefore refuse. you are doing the same thing again you did last year  https://www.consumeractiongroup.co.uk/topic/458251-linkkearns-claimform-old-barclaycard-debt-now-n244/?do=findComment&comment=5232418    
    • I'm compiling a brief list of points to state in tomorrow's mediation call.  it would seem that I have to come to an agreement of some sort. Seeing as most of the defence, lack of genuine paperwork evidence from the claimant, mild threats etc. seems to go in my favour, is it best to mediate for that agreement or to let it run to court?  Short of the 6 year rule playing out, I'm going to have to pay up somehow, so why don't I just end it tomorrow? By paying I mean, not hurling myself off a cliff.    
    • @ReuTheo Thanks very much. Coincidentally, it has now been exactly over 1 year since I sent my parcel with Evri and began my enquiries with them as to where my parcel is (and eventually coming to this forum / starting this thread). I understand how you are feeling. It's why I kept this thread active and detailed, so anyone who reads it, can clearly understand what was happening at each stage of the process, so they don't feel anxious or overwhelmed with the process through MCOL, mediation, arranging for trial, working through the WS / Court bundle, and finally going in front of a judge. The work has been put in so hopefully you (and everyone else) now has a good WS template to use and build the case. I agree the legal language and specifics are not easy to understand at first glance by layman / non-legal persons. What I found useful is reading the WS and researching some of the Acts in my own time so that I could understand the legal speak. This reading / research really helped me to have a clear idea of what the rules/laws are and how they apply to my case (and likely your case also). As you know, this is a self-help forum so you certainly got to put in the time/work to understand your case/argument. It will be worth it in the end (I say this from personal experience - given this time last year, I was banging my head against a wall with Evri and couldn't see the light at the end of the tunnel). Above all else, the team on this forum such as @BankFodder and @jk2054 are a tremendous help with getting the WS in the right state and giving guidance. Don't be afraid to ask questions on this forum - it's for your ultimate benefit (even if sometimes the responses seem harsh - don't take it personally. If my experience is anything to go by, it'll help give clarity and maybe even close a potential gap in your case). Good luck with your case.
    • Boeing's CEO defended the company and pledged that it has learned from past mistakes.View the full article
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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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Hi Everybody,

 

I have got myself into a right state with Payday loans and have been trying to protect myself from default notices however I am now just sick of paying the interest and would rather have my money than a clean credit file.

 

Anyway, I now simply cannot afford to repay the loans however I earn reasonably good money and can pay them all off within 2 months.

 

Can you please let me know what you think about my response to 'Speed Credit' who are deamanding immediate payment and threatening to add a further £150 to my loan of £400 + further interest and charges, threatening to CCJ me and threatening warrant of bailiffs.

 

Hello,

 

Please do not ignore this correspondence.

 

I am including the 'Office of Fair trading' and the UK ' Financial Ombudsman' with all correspondence in relation to this account in order to uphold my rights and be protected by the UK laws.

 

Please note that I am not ignoring you and our relationship has not broken down however you have acted as an irresponsible lender on the following grounds and have not adhered to practices according to the' Consumer Credit Act 1974'

 

1. I am now in serious financial difficulties as a result of short term pay day loans

2. I currently have 8 payday loan creditors totalling a sum of over £4000.00

3. At the time that the Speed Credit loan was issued by you I had over £3,600 worth of payday loans and would not have been able to repay the full amount

4. No checks were made to understand if I could afford to repay the loan.

 

I do not agree to pay your extortionate charges and demand that all interest and charges are fully suspended. If you are not willing to suspend interest and charges then you will need to explain to me and to the 'Office of fair trading' how these fees are justified. If charges and interest continue to be added then I will have no choice but to make official complaints to the financial ombudsman and the office of fair trading

 

I do agree to the following:

 

1. I will repay the initial loan of £400 on Friday 29th June 2012

2. I will repay interest as originally agreed for 1 Month ONLY

3. This will total a repayment of £592 to reach you on or before 29th June 2012 (APR of 16 534% APR)

4. This will end all contracts between us and will not affect any credit file as you have originally lent this amount irresponsibly

5. If this is not acceptable then please respond to myself, the Office of fair trading and the financial ombudsman

6. If charges and interest continue to be added then I will have no choice but to petition your company in court.

 

I look forward to your response.

 

Regards

 

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If they threaten you at all, get everything to the OFT/FOS/Trading standards . ALso, 99% of their charges, if not 100% are not legally enforceable.

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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I have just received this response!!!

 

Dear ****

 

Thank you for your message passed to us from Speed Credit.

 

According to our records you took out a 14 – 28 day SHORT TERM loan on 02.05.12 for £400.

 

You currently owe £703.

 

You agreed to repay your short term loan within 14 days. Payday loans can become expensive if you do not keep to the terms and conditions that you agreed to when you took out your loan.

 

Please note that as you borrowed £400, you are being charged £96 every 14 days. This is CLEARLY STATED in the terms and conditions YOU agreed to.

 

YOU agreed to the terms and conditions with your double digital signature by way of entering your email address in twice then clicking \'I accept and agree to the terms and conditions\'. The terms and conditions that you agreed to are legally binding under The Consumer Credit Act 1974.

 

Please remember that your original loan was for 14- 28 days ONLY.

 

Here is a COMPLETE breakdown of your account to-date with ALL the dates and the amount of ALL charges:

 

02.05.12 Issue LOAN £400.00 –

 

03.05.12 Charge Interest-1 £96 –

 

03.05.12 Charge Cash Transmission Fee £5

 

17.05.12 Charge Interest-2 £96 –

 

31.05.12 Charge Interest-3 £96 –

 

31.05.12 Charge Missed Payment Fee 1 (day 29) £10 ✓

 

On 13.06.12 you will incur the following charges:

 

£350 recovery fee

 

1 interest charge of £96

 

which will make your outstanding balance £1149.

 

You must pay either

 

1) £703 by 13.06.12,

 

OR

 

2) £1149 by 27.06.12.

 

Failure to make either payment will result in your file being passed to a third party bailiff company who will commence proceedings against you in your local county court.

 

If you have any questions please don\'t hesitate to call us on 0843 381 0843.

 

Yours sincerely,

 

COLLECTIONS (129)

 

NORTHERN DEBT RECOVERY

 

0843 381 0843

 

NOTICE: The contents of this e-mail are intended for the named addressee only.

 

It contains information which may be confidential and which may also be privileged. Unless you are the named addressee (or authorised to receive for the addressee) you may not copy or use it, or disclose it to anyone else. If you received it in error please notify sender immediately and then destroy it.

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I have just received this response!!!

 

Dear ****

 

Thank you for your message passed to us from Speed Credit.

 

According to our records you took out a 14 – 28 day SHORT TERM loan on 02.05.12 for £400.

 

You currently owe £703. No you don't.

 

You agreed to repay your short term loan within 14 days. Payday loans can become expensive if you do not keep to the terms and conditions that you agreed to when you took out your loan.

 

Please note that as you borrowed £400, you are being charged £96 every 14 days. This is CLEARLY STATED in the terms and conditions YOU agreed to. Doesnt matter what the ToC's state. The law overrules them.

 

YOU agreed to the terms and conditions with your double digital signature by way of entering your email address in twice then clicking \'I accept and agree to the terms and conditions\'. The terms and conditions that you agreed to are legally binding under The Consumer Credit Act 1974. See previous response

 

Please remember that your original loan was for 14- 28 days ONLY. Doesn't matter. I fyou have trouble repaying it, then they are obliged under OFT guidance regulation to come to take your circumstances into account and come to an agreement for repayment.

 

Here is a COMPLETE breakdown of your account to-date with ALL the dates and the amount of ALL charges:

 

02.05.12 Issue LOAN £400.00 –

 

03.05.12 Charge Interest-1 £96 –

 

03.05.12 Charge Cash Transmission Fee £5

 

17.05.12 Charge Interest-2 £96 – Non enforceable

 

31.05.12 Charge Interest-3 £96 – Non enforceable

 

31.05.12 Charge Missed Payment Fee 1 (day 29) £10 ✓

 

On 13.06.12 you will incur the following charges:

 

£350 recovery fee Non enforceable and 100% unfair charge

 

1 interest charge of £96 Non enforceable and unfair charge

 

which will make your outstanding balance £1149.

 

You must pay either

 

1) £703 by 13.06.12,

 

OR

 

2) £1149 by 27.06.12.

 

Failure to make either payment will result in your file being passed to a third party bailiff company who will commence proceedings against you in your local county court. They cannot force you to do this as stated in the OFT guidance and it could have repercussions on their credit license.

 

If you have any questions please don\'t hesitate to call us on 0843 381 0843.

 

Yours sincerely,

 

COLLECTIONS (129)

 

NORTHERN DEBT RECOVERY

 

0843 381 0843

 

NOTICE: The contents of this e-mail are intended for the named addressee only.

 

It contains information which may be confidential and which may also be privileged. Unless you are the named addressee (or authorised to receive for the addressee) you may not copy or use it, or disclose it to anyone else. If you received it in error please notify sender immediately and then destroy it.

 

 

I also notice it is NDR DCA. If they do not have ownership of this debt, tell them the above and that from now on you will be ignoring every piece of communication from them and will be dealing with the Original Creditor.

 

Remember, NO DCA has any legal rights unless they have purchased the debt.

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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Everything on that list is unenforceable, the original contract and loan amount is the amount you owe at the end of the day.

 

My only comment about your original letter to them was it is too wordy - keep everything short and do not threaten them unless they have threatened you.

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The bailiff company cannot itself start court proceedings, that is a load of tosh, they cannot use their bailiff powers in collecting a common commercial debt, that threat alone is enough to send that email to the OFT.

 

The unholy trinity of Toothfairy (aka Speedcredit)/NDR/Marshall Hoares Bailffs is well known to the OFT and Toothfairy have been sanctioned by them before. Make sure you get your complaint in pronto.

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Yes. Make sure to issue a Formal complaint with the OFT as well. Include any and all threats, as well as any cases of misrepresentation.

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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