Jump to content


  • Tweets

  • Posts

    • and it will be also now written off under age related criteria anyway.
    • @dx100ukThanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe consequences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points? @Man in the middleI've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
  • 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 
      • 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 3260 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

Aha, tricks of the trade ;-) Thanks Andy. Is it likely that the Claimant gave the Court the wrong address for my brother, or is it more probable that it's a clerical error on the courts part such as using the address on the original claim from 3 years ago?

 

Also, in the witness statement that you sent me a link to yesterday there is mention of the defendant seeking to recover costs. Is this a line I should use in our WS?

Edited by Gaz7483
Second question...
Link to post
Share on other sites

  • Replies 113
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

No...its not applicable to small claims track

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

Is it today the hearing ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hi Guys.

Back from court,

not entirely sure how I feel about it.

Judge wasn't prepared to consider the defence.

He said we should have put the papers in 2 weeks ago.

My brother told him that we had no notification at all from the court, and the judge simply blamed him for not notifying the court that his address has changed from the last time.

He suggested that we leave the room and try to come to some agreement with the agent that Welcome Finance sent, and seemed keen for us to discuss a Tomlin order.

We mentioned to the agent that the account was terminated and she said that it wasn't.

I told her that it clearly states in the PoC that it was terminated and they hadn't issued a Default Notice.

She shrugged her shoulders and said it was a "discrepancy" and would simply say that in the room if we chose to contest the claim.

My brother obviously would have liked to have won, but the crucial thing for him was that he didn't walk away with a CCJ so he chose the Tomlin order.

He'll now be paying back £50pm for 8 and a bit years.

The one decent thing the judge did do was say he wasn't prepared to agree statutory interest at 8%, it would be limited to 3% at most.

We'll also now be putting in a sturdy PPI claim to reduce the balance by a considerable amount I imagine.

I don't know if we did the right thing, but he didn't want to take the risk.

The judge was a grumpy so and so and they did establish early on that there was a debt and it wasn't statute barred.

I don't know what to do now, if anything.

My understanding is that with a Tomlin Order the case is stayed.

Is it still feasible to put in an application for it to be struck out on the basis of them not issuing the default notice or is that clutching at straws?

I don't feel satisfied with this outcome.

Link to post
Share on other sites

Tomlin Order is agreed...so the claim is stayed...always on the back foot here Gaz as I stated ...the Witness Statement should have been served earlier as per the Judges comment.

Hit them with the PPI now and try to reduce the debt and term of payment. Glad they didn't get their 8%.

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

There was a raft of costs,

£200 for the agent,

£335 for the hearing and

I think 2 sets of solicitors fees,

one £85 and

one £80.

He said the 8% statutory interest thing was outdated and he doesn't agree with it.

I'm just angry because they never issued the default notice and lied.

My brother's happy to not have a CCJ but it feels like a hollow victory to me.

Is there any advice you can offer with regards to making the PPI claim?

He seems to remember being told he pretty much had to have it

. I believe also that it was front loaded PPI, can this help us?

I'm concerned about the age of these too.

One agreement was signed in October 2003 and the other September 2004.

Am I right in thinking it's trickier trying to win claims for policies sold before January 2005?

Link to post
Share on other sites

I think you might find the PPI, with interest, wipes out a lot of what they’re after – but the Tomlin Order doesn’t stop you reclaiming PPI.

 

There are TWO lots of PPI to reclaim.

 

The original agreement dated 17/1/03 had £889 in PPI.

 

When he refinanced, he also refinanced the PPI, so he paid PPI on PPI!

 

This was a further £1067 on 13/9/04.

 

With simple interest at 8% and repayment of the premium, I make that £889 + £889 = £1778 for the first agreement; and £1067 + £917 = £1984.

 

That’s a total of £3762 they owe you, possibly.

Link to post
Share on other sites

WOW.......that is more than 6 years worth of repayments he has to make! That's incredible, I'll try to get the letters in the post over the weekend. Thanks yet again for your help :-)

Link to post
Share on other sites

I think we may have 3 cases for misselling. He was told it was compulsory, he wasn't aware of the total cost because of it being front loaded, and apparently he was in a job at the time where he would receive full sick pay. Is there a pro-forma letter I can use?

Link to post
Share on other sites

Google is your friend. Loads available.

 

However... claims with Welcome PPI sold before 2005 have to go via Welcome and then the FOS if they fail to deliver. After 2005, I believe claims were handled by the Financial Services Compensation Scheme as Welcome had defaulted on its undertakings. You need to do a bit of research on these forums first to find the correct route to apply.

Link to post
Share on other sites

Thanks Donkey. I did read something about that. It strikes me as odd that Welcome are still looking at claims prior to 2005. Can only try though. Will look that up and get a letter drafted :-)

Link to post
Share on other sites

  • dx100uk changed the title to Brothers Welcome/Hagarty Claimform - old Loan - now 3yrs later IND are lifting the stay by N244
  • dx100uk changed the title to Brothers Welcome/Hagarty Claimform - old Loan
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...