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    • get the FOS done and see. i have a feeling you might not need to do the latter.    
    • Noted, thanks re-draft it is then 🙄    If it does go to FOS and its upheld can I also go for the throat and apply to set aside the suspended judgement (consent order) based  CCA  sections 86E not providing default sum notices 86(5) not entitled to enforce agreement  87(1) and 88(2) leading to unlawful repudiation of the credit agreement. Just an idea. 
    • CB ....this conclusion is true.   as for PB, i can assure you that user most probably ( well i know but shouldn't say} holds the record here for the most reported posts by users as well as from those of the site team concerning his posts. if you hold on someones username further info can be seen.   however , a bit like say vodaphone or virgin media , very large companies with millions of customers will get the most complaints made against them...and that equates to posting levels here too. as for 'royalties account holder' that again merely points, by a default label in the software package we use, to the number of posts made.   one could further this by noting were we to agree with all their posts they would be on the siteteam... i will leave you to understand why not .....       don't think anyone did?    regards  DX
    • Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose. Lucky he didn't bring his complaint to this forum first because if he had of done, he'd be £10K poorer right now. And for something that Peterbard describes as benefitting from being newsworthy, I am struggling to find all the news reports that refer to it.       Confucius  say "he who backpedals, falls off bike."    I'm not surprised in the least that you, a gold account holder on this forum, would adopt a dismissive attitude to this well deserved victory in court against DCBL, however I'm curious as to why you opted to reduce the issues at stake to being 'simply' about ' the EA fell foul of the regulation which defines "relevant premises".   That certainly wasn't any argument that Iain Gould furthered and he's a civil actions lawyer whom, dare I say it, know a hell of a lot more about trespass and misuse of private information than you do.   The judge never mentioned "relevant premises" either. Not during the hearing or in his judgement. And you never mentioned it either prior to know. In fact, in the original  in the original 2018 thread you even went so far as to suggest that whatever address was on the writ was irrelevant because, "interestingly, if the address is not  a requirement it would not be possible to sue the bailiff for wrong attendance under section 66."   Not that your wrongfully held opinion that non debtors are also subject to the Tribunals Courts and Enforcement Act 2007 matters, because as I had already pointed out in the first video because the claimant wasn't suing for wrong attendance under section 66.   He sued for trespass. Part 66 never applied to him because he was not the debtor and never had been. You and the likes of DCBL can disregard that obvious point as much as you like, but bailiffs do not have a blanket immunity from trespass.   Have a look at the article Iain Gould has written on his blog about the case. It might help you understand the tort of trespass in some small way, and might help you adopt a more balanced approach to those poor sods who owed no debt and have had their homes raided and their privacy breached by EAs, and then - to add insult to injury - they come to you looking for help.   What makes it worse is that your defective understanding of when an Enforcement Agents action can give rise to trespass is backed up by your site team members who think it's their job to echo your mistakes not by justifying what you say - because they can't - but by making defamatory remarks at the expense of those who give the 'correct advice'.   Unlike you and your team members I don't hide behind the protection of anonymity. Nobody can hold you to account if you get it wrong, or heaven forbid, if it turns out you  have been working for a firm of debt collectors all along. To add to this, you don't seem to care much about removing libellous remarks from your forum when a legitimate complaint is raised.   To respond to Bank Fodders comment that "At some point in the video it has screenshots of this forum and the narrative suggests that some people agree that an enforcement agent has the power to enter into a property to check on identity. I think that it is intended that the CAG is associated with this belief."   Seriously? I have to point it out to you.   Maybe it has something to do with key members of this forum smearing me on the original thread by saying how wrong my narrative was and then implying I was a Freeman of the Land.   Maybe it had something to do with Gold Member Peter Bard leaving this comment on the same thread that stated:   "The point I was trying to make is that the EA will not be as interested in paperwork as in physical proof that the debtor does or does not live there.   As said there is no requirement for an address on a warrant, in fact the debtor may live at several addresses and the bailiff may attend to serve at any of them. The warrant is against the debtor, not the debtor at an address. It requires only enough info to identify the person.( see CPR wherever it is).   The bailiff will be much more interested in getting in and checking for clothes in wardrobes, sleeping accommodation, letters etc."   I'm sorry if that wasn't enough for you to justify me bringing that point up in the video. I did consider coming here before I completed it and asking those members if they intended to maintain their position that the Enforcement Agent had acted within the law but strangely the forum account I had used to make my first and only posting on this forum in 2018 - to counter the smears - would not allow me to sign in.   Far be it from me to draw any conclusions about my input not being welcome here, I figured Peterbard and some of the key members here would use their creative skills at providing a blanket immunity from civil liability for all EAs by misinterpreting key legislation in their behalf.    It looks like I was right about that also. Unfortunately I have given in to temptation, and am choosing to respond, even though I know how utterly futile it is.
    • There was another poster (Hammy1962) who understood (#3) the distance selling point you were trying to make, but you may have inadvertantly put him off in your subsequent post.  He may still be following this thread.  Wonder if he has any ideas that could possibly help you?    I'm concerned about how you continue if the TS route is not helpful...
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Getting a deposit made as part of an unsuccessful credit application refunded


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Hello everyone,

 

If I've put this in the wrong place, please can one of the mods move it to the right place and accept my apologies....

 

Back in July, Mrs S43 invited a double glazing rep around to the house in order to have the remaining few windows we still have single glazed replaced with double glazing - we had used the same company twice before, first for the upstairs, then the patio door and rear lower windows and this time we wanted a couple of lower fronts and the 2 external doors (front & side).

 

At points in the past, she had been offered and used a Barclays 'home improvements' loan to finance the windows. Mrs S43 has had the agreements singularly as I have a less than perfect credit score (though I have matched her Direct Debit payments with Standing Order ones of my own to bring the balance down quickly and save on interest costs).

 

So this time, the rep turns up, measures up, gives Mrs S43 a price - she and I confer & agree - then she signs up.... As before, with Barclays filling in the paperwork for a home improvement loan. They wanted £60 as a deposit with the balance (around £2 grand) to be financed on Barclays. These figures were written in to the "consumer credit agreement" she signed. I paid the £60 with a credit card on the phone to the window company's offices - and everything seemed just like before.

 

We were told by the rep that if *WE* were to cancel after the surveyor come out, we would lose our deposit - we were happy with this because we wanted (and still actually want) the windows....

 

About a week later, sure enough, the surveyor came out to accurately measure the windows and confirm the deal - he gave us an installation date of 10 August so that was that - or so we thought.

 

3 days after the surveyor had been here, Mrs S43 got a letter from the window company to say that she had failed Barclays credit scoring and did we have any other way of paying? To the point, we don't have £2 grand stuffed down the back of the sofa - because @ 29.9% APR, if we'd had the money in the first place, we'd have not put in for a loan !!!!!!! But that's neither here nor there - without finance from somewhere, we do not have the means to proceed.

 

Clearly - if we'd known before the surveyor came that we couldn't proceed (ie if they'd told us we'd "failed finance"), we would not have had the surveyor come out in the first place !!!!

 

On discussion with me (Mrs S43 being at work), the window company were all lovey-dovey asking "Do I have alternate ways of paying?" But on my explanation that we don't so can't proceed (ie to have to cancel because of lack of funding), I got the "data protection" crap about can't talk to me without the customer present (strange how they could when they didn't know that I may or may not have been able to pay alternatively!!).

 

But on Mrs S43 being here, we've been told that we can't have our money (MY money) back because we cancelled after the surveyor had come out!!!

 

Clearly not having recently escaped from the asylum, had we known that Mrs S43 would not get credit for the windows, we would not have ordered them / solicited credit to acquire them / had a surveyor come to see us !!!!!

 

It is my view that the window company should have waited to see whether Barclays would advance the money before sending the surveyor anyway but in any case, I paid then £60 as part of a credit agreement for said windows - as I understand it, the law says somewhere that we must be given our money back if we don't get the credit but can someone tell me what part of the law to quote and to whom we should complain in writing? The window company, Barclays and if we can not get the deposit paid back from either of these entities to whom do we escalate matters, the OFT, Trading Standards or even the courts through trying to get a CCJ and if so against which organisation (Barclays or the window company)?

 

I will state that having been fobbed off with crap from the window company, I wrote to my credit card company (Captial One) to explain what happened (with supporting documentation) and they have written back to say that they won't give me the £60 back as the credit agreement isn't their responsibility but that of Barclays / the window company.

 

Any tips, pointers and suggestions would be helpful.

 

I repeat - ideally we'd like the windows but we can't get the finance to pay for them. Had we known that we would fail finance, we would not have allowed the surveyor to attend (and I entirely accept that had it been that he'd been and Barclays were happy to extend the money to do the job then we ought to forfeit the deposit - but this was not the case).

Edited by PaulS43
Change a mis-spely "if" (I'd written "of" - the i is now in blue)
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