Jump to content


  • Tweets

  • Posts

    • I bought my house 2 years ago. The previous owner had died. I continue to recieve parking fines and communication from DVLA in the name of the dead person, despite contacting DVLA via post to inform them I am the new owner of the property. I have sent them proof of purchase and ownership but the communications continue to arrive. Aside from using "return to sender", does anyone have any idea how to stop this and get DVLA to update their records? Not sure if relevant but the Tax class on the vehicle is disabled meaning that the price of vehicle tax is £0 per year. I assume someone is using this to get free vehicle tax which is up to them, but I'm bored of fighting with parking charge companies and getting threatening letters, as whoever is doing this is also not very good at paying for parking.
    • I haven't heard of them asking for photographic evidence in this way before – but I don't think it will really pose a problem. Have you got a history of sending parcels which were then lost and you had to claim for? When you send your letter of claim? Was the item properly declared? Was the item correctly valued? Please answer these questions and then take at least a couple of days reading very thoroughly the stories on this sub- forum. There are lots of them. Read some of the pinned topics at the top which will explain the principles and then read the stories to see other people's experience. Post up your letter of claim in PDF format so we can see what you sent.  
    • Just to clarify - it was the lender who undertook works, not me.  They racked up huge huge sums in refurb costs - which were completely unnecessary.  They have been trying to charge all the costs to me.  I refuse to be held accountable in my defence and counterclaim.   (I refuse to  be held liable for these works costs whether vat was or wasn't added - I maintain its the lender that must cover the costs).  It was a ridiculous sum of money and made no difference to their ability to sell either.  As its still unsold.    I can see - from disclosure paperwork - that the lender ceo uses this contractor all the time on other properties - for himself and for the bank.  The payer may not be responsible for the contractor's failure to add vat - but the ceo can clearly see it's not being charged - and again and again on all his jobs.  So he is complicit even if not guilty of the actual fraud.    I admit I'm angry with them. The sheer injustice and arrogance (that they could/ can do whatever they want and get away with it - has been astounding.  It's why I have fought so hard to get justice.  This particular issue is just another niggle.  They think they are above the law; can circumvent it - with no consequences / repercussions.    Thank you dx for pointing me to the link. I will now follow that up
    • I have posted the letter off today - sent recorded delivery, so should get to the Police early next week. I also walked along the street where this happened and checked if there were any CCTV cameras or video door bells in that section of the road, but could only find one. I talked to the owners of the house with the camera but they say it is set to only cover the area leading up to the house and not really the pavement or road and footage also auto deletes after 72 hours, so anything captured would be gone now. That was disappointing. I walked along the road a bit more, but couldn't see any other video door bells or CCTV, so that didn't help.  I always thought most people have at least a video door bell these days but not in that road... 😐 So came home a bit disappointed.  If anything else happens I will post an update here, but may not be for a week or so. Not sure how long this will take now.
    • Hi all.   I've just cancelled my Virgin Media because my Wife and I are going abroad for 12 months or so. My Son will be staying in our home, and wishes to start a contract with them. He signed up to a great deal for New Customers online, and a Contract Agreement was signed online. He had a delivery date for a Self Installation Kit but it never arrived. After speaking to numerous Virgin Media Staff online, they are insisting that he calls their Pre Installation Team (I presume that is their sales Team to try and get more money). He doesn't want to speak to them over the phone. He doesn't mind doing a Live Chat, but he hasn't got an Account Number yet, so that's impossible. He even had a chat with a Team Member on Whatsapp, who say they don't have access to the information they need, so he has no option but to call them. Why can't they just be straightforward with their Communications? Is there any other option other than calling them?   TIA.
  • Our picks

    • 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 
        • 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

Brothers Welcome/Hagarty Claimform - old Loan - now 3yrs later IND are lifting the stay by N244


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3259 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

  • Replies 113
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Sorry Andy, my mistake. I meant on which document was that quote taken from as I'd like to provide it to the court as evidence? I've been through the PDF's but can't find it.

Link to post
Share on other sites

Wow, good spot! Now I have a big problem because I don't have that form! Is there any way I can get a copy or still somehow use it in defence? It seems like a major point in the context of the case.

Link to post
Share on other sites

Here you go – CCA Section 60 (1)

Form and content of agreements.

(1)

The Secretary of State shall make regulations as to the form and content of documents embodying regulated agreements, and the regulations shall contain such provisions as appear to him appropriate with a view to ensuring that the debtor or hirer is made aware of—

(a) the rights and duties conferred or imposed on him by the agreement,

(b) the amount and rate of the total charge for credit (in the case of a consumer credit agreement),

© the protection and remedies available to him under this Act, and

(d) any other matters which, in the opinion of the Secretary of State, it is desirable for him to know about in connection with the agreement.

My contention is that the agreement does not show the amount of charge for credit. It leaves you to work it out.

Does that make it unenforceable?

Do you know where it might be? I doubt you copied it inaccurately. Stick to what it says. Just state it as fact – the court will (should!) have a copy in the file.

Link to post
Share on other sites

My brother thinks that I have all the original paperwork from the first time around but I'M convinced I gave it back to him.

It does make sense though that they would have a copy of the original application wouldn't it?

Is it worth getting my brother to phone and ask them for a copy, or at least make sure they have a copy available to them on Friday as it's so important to the case?

Link to post
Share on other sites

It should be in the case file that the court holds. The PoC is pretty critical – it should not have gone anywhere.

 

But, as it’s IND, call the court and check – in case IND have made any sneaky applications to amend.

Link to post
Share on other sites

DonkeyB, I note you said that in the new witness statement they are claiming that this account was not terminated. Is this something they have implied by issuing a Notice of Arrears or is it something they have stated explicitly somewhere?

Link to post
Share on other sites

No. In the Original PoC they say the account was terminated because if a failure to abide by the T&Cs. They can't backtrack on that, but are trying to.

 

They are now claiming it was not terminated due to a breach of the T&Cs because that would have required a DN — and they know they did not issue one. In other words, they have changed their story because the original PoC necessitated a DN.

 

They are fibbing to suit their available evidence.

Link to post
Share on other sites

No probs.

 

Andy, what needs to be done with regard to file/serve of the defence/WS?

 

It must be served on the court and claimant not less than 7 days pre hearing.

 

Regards

 

Andy

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hearing is in three days. Better get a move on and play the LiP card. They were also rather late sending their WS to support their app – and the OP did not receive a copy of the app in April – so I think there should be leeway.

Link to post
Share on other sites

Hi Gaz well nothing has changed.... if it was SB at the time they issued the claim and you defended on that premise ....then its still statute barred.

 

Has the court sent you a copy of the n244 application and any witness statement in support of..?

 

Has the court missed the time off the hearing...have you been invited to attend?

 

Are the court even aware f an application?

 

 

 

You are legally allowed to submit your own witness statement in response noting your objections...firstly that the claim is statute barred and further that you regard the application after 3 years as unreasonable and an abuse of process

 

Check out with the court why no time listed and why no invite for you ...if that is the case.

 

Regards

Andy

 

I did imply Donkey...7 days ago:-)

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

So we just need a little input from Gaz then.....and sharpish:-)

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Oh crap, only just seen your replies.........

Was just about to update you though because my brother has just spoken to the court and there seems to be a major issue.

They wouldn't tell him if there had been an application to amend the particulars of the claim, they just said he would have received notification by mail.

He told them that he has received NO correspondence at all from the courts, he wouldn't have even known about the hearing if it wasn't referred to in IND's paperwork.

he asked them to check the address they have for him and they said it doesn't match his.

They wouldn't tell him which address the paperwork was going to but suffice to say he hasn't been getting it!

He asked what he could do, they said he could request the paperwork by email, but they would post it to his new address. There's no chance of getting it before Thursday at best!

Link to post
Share on other sites

Content seems fine...no exhibits ? just requires to be finished with standard layout and finished with a statement of truth.

 

See here in post#47

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?439434-MKdp-llp-claimform-old-barclaycard-debt/page3

 

Regards

 

Andy

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Andy,

 

Thanks for your input. I'm going to add the exhibits at the end, I just wanted to try and get the witness statement done and uploaded for you to have a look at first. I'll try and get it into that format tomorrow and upload it again. I hope I can get it looking as good as the one in the link you posted, mine seems too "wordy" but I like the style of that one.

 

Do we still have time to get this to the court or will it need to be presented verbally at the hearing now?

 

Regards,

 

Gaz

Link to post
Share on other sites

Think it’s Friday, Andy.

 

Need to add in to the WS something about the claimant sending correspondence to different addresses yet suddenly finding you near the court date.

Link to post
Share on other sites

Should have filed today...you could get away with 3 days...email a copy to the court/claimant tomorrow...I would also take a spare copy on Friday and ask the court usher to push it into the file before you go in.

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

If you get a jobsworth just say you have emailed a copy to the court earlier in the week (dont state Thurs) and you just wanted a better copy putting in the file.: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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...