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    • Hello , sorry of this is in the wrong place. I have received in the post a County Court Claim claim form.  This relates to MYJAR and issued by TM Legal relating to a payday loan issued 11/2017, subsequently they issued a default notice 09/2018. The debt isnt on any credit reports.  4/4/2024 I had an email saying a Letter of claim was sent - this was not received , i replied to say I believed the debt was statue barred their response We are aware that the correspondence you have sent, is in a format that is circulated on consumer-based websites whereby debtors are encouraged to use the templates in order to avoid repayment of their debts. We do not accept that the contents of these templates bear any particular relevance to your case. For clarification, in line with the Limitations Act 1908, no claim may be brough after a period of 6 years from the cause of action. The cause of action in this instance is the Notice of Default served upon you by the original creditor on 24th September 2018. As such, the account is not Statute Barred. 10th June 2024 I have received a county court claim form and now i am unsure what to do next and how to complete and respond, I do not want a CCJ. Please help 
    • Please start your own topic in the following forum. https://www.consumeractiongroup.co.uk/forum/121-financial-legal-issues/
    • Hello , sorry of this is in the wrong place. I have received in the post a County Court Claim claim form.  This relates to MYJAR and issued by TM Legal relating to a payday loan issued 11/2017, subsequently they issued a default notice 09/2018. The debt isnt on any credit reports.  4/4/2024 I had an email saying a Letter of claim was sent - this was not received , i replied to say I believed the debt was statue barred their response We are aware that the correspondence you have sent, is in a format that is circulated on consumer-based websites whereby debtors are encouraged to use the templates in order to avoid repayment of their debts. We do not accept that the contents of these templates bear any particular relevance to your case. For clarification, in line with the Limitations Act 1908, no claim may be brough after a period of 6 years from the cause of action. The cause of action in this instance is the Notice of Default served upon you by the original creditor on 24th September 2018. As such, the account is not Statute Barred. 10th June 2024 I have received a county court claim form and now i am unsure what to do next and how to complete and respond, I do not want a CCJ. Please help 
    • Do you want to shake your groove thing but don’t know any steps? Even dad dancing beyond you? Then order ‘Dancing with The Don’ and let Felon Trump teach you all the 'hottest moves Starring classic moves like: whackamole a child, flossing your nostrils, shaking the cell bars, and pointy pointing    
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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.

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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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credit solutions


Whyme4
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you complain to the informations commissioners office

 

they are NOT allowed to ring your woeks number.

 

send them a letter [CS]

 

that unless they remove your works number in 7 days

 

you will goto the ICO etc etc..

 

tell us about the debt too.

 

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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If Credit Solutions refuse to remove your work telephone number from their database, as DX says above, you will have to go to the Information Commissioners Office, the link is here...

http://www.ico.gov.uk/complaints/handling.aspx

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Hi

The debt with Cap 1 was sent to a DCA after I made a claim for PPI (unsuccessful)

it was returned to Cap 1

 

I entered into a reply plan with Cap 1 and I was paying £50.00 per month

 

I could not afford this and dropped it to £10.00

 

then credit solutions started ringing work

 

left 4 messages a day and keep asking for me during the day

 

I have sent a telephone harassment letter and informed them that I am paying Cap 1

 

I am ignoring them at present but they keep ringing work

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ICO complaint tomorrow!!

 

what this about a failed PPI claim?

 

you mean a reclaim of it under mis-selling rules?

 

if not DO ONE NOW

got all the statements?

 

if not SAR cap1 PDQ

 

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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Hi

The claim was not successful because they say I signed for PPI insurance

 

 

Credit solutions phoned again today and I have faxed them a copy of the letter regarding telephone harassment I am going to report them to the OFT .

 

The reply I got from Cap One was the same I got from MBMA for PPI

 

I repaid MBMA back for 7 and a half years and when I paid for statements they only sent 5 years of statements

which I had been paying them back which obviously show no cost, PPI etc I feel so ripped off.

 

I know I owe Cap 1 this money but they sold the debt on after I entered a repayplan with them

 

well they can get stuffed and take me to court I am paying them back !!!!!!!!!!!!!!!!!!!!!!

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if you've had PPI claims rejuect solely because

you LET THEM get away with that same excuse

 

then you need to get tough with both of them.

 

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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Share on other sites

They said I only had 3 months to go to the OFT

 

but they did not reply for in a total of 4 months

 

they said sorry for the delay etc ca\n I still complain ?

 

I am now ready to fight for this but I am unsure of how to go about this.

 

The main problem is still Credit solutions ringing work this is very upsetting as I work in an open office

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i feel a brig letter coming on...

 

now this PPI....

 

when did you start your complaint and how did you do it?

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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They said I only had 3 months to go to the OFT

 

but they did not reply for in a total of 4 months

 

they said sorry for the delay etc ca\n I still complain ?

 

I am now ready to fight for this but I am unsure of how to go about this.

 

The main problem is still Credit solutions ringing work this is very upsetting as I work in an open office

Hi looking in as requested by DX going to read through your thread to see what we can do.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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the issue that needs a hammer is credit solutions phoning works number

 

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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Hello whyme4.

 

I will put togerther a letter for you tomorrow am tostop the contact at work, so don't worry on that score.

 

Take advice from dx100 on the PPI.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi I started the PPI April Cap 1t took 4 months and several letters

 

they sent their reply with the back page missing and then took another month to send it.

 

MBNA took over 4 months to sort it after asking for the original credit agreement that they stated I had ticked the box

said they could not supply it got very confusing as MBNA had five different reference numbers?

 

Should I try again?

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i think you should start a thread for each failed PPI claim in the PPI forum

 

scan and post up what you sent.

 

i hope it was the FOS CQ etc

 

if not

 

no wonder they fobbed you off

 

to post stuff up here follow this guide:

 

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

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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Share on other sites

Hi

The debt with Cap 1 was sent to a DCA after I made a claim for PPI (unsuccessful)

it was returned to Cap 1

 

I entered into a reply plan with Cap 1 and I was paying £50.00 per month

 

I could not afford this and dropped it to £10.00

 

then credit solutions started ringing work

 

left 4 messages a day and keep asking for me during the day

 

I have sent a telephone harassment letter and informed them that I am paying Cap 1

 

I am ignoring them at present but they keep ringing work

 

 

 

Ok this letter goes to the Compliance Manager

Credit Solutions.

 

Ref: as on their letters.

 

Formal Complaint/ Harassment & Breaches of OFT Guidance on Debt Collection 2003/2011.

 

Dear Sir Or Madam,

 

As you will no doubt be aware I have written a number of times regardding the conduct of your company in the pursuit of a debt for £xxxx which you allge is owed by me.

 

I have been bombarded with telephone call from your company at my place of work even after I have reasonably requestd that this muts stop I believe the following breaches of OFT Guidance have occurred:

 

Section 3.3 (J) Unfair or Improper Business Actions. [Communication] (it is improper/unfair) contacting debtors at unreasonable time: at my place of work.

3.3 (k) Ignoring or disregarding debtors' reasonable requests in respect of when, where and how to contact them: again I have reasonablly requested that I am not contacted at my place of work (an open plan office), wich then takes us to section 3.7 (a) Physical/psyhological Harassment:

(a). States unfair/improper to contact debtors at unreasonable times/and or at unreasonable intervals.

3.7 (q) is most relevant: acting in a way likely to be publicly embarassing to the debtor either deliberately or negligently ( that is through lack of care) obvious breach here as ypur company has been informed of my work environment.

 

I must now insist that all telephone contact to any numbers you hold regarding me cease immediately and are removed from your records.

 

You will confirm compliance in wriiting with in 7 days, continued contact WILL result ina complaint of harassment against Credit Solutions Ltd.

 

 

RD this.

 

A copy of this letter is being forwarded to the OFT together with my comments on your companys fitness to hold a Consumer Credit Licence.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi

 

I will do it on monday along with DX advice

 

I just wish that Credit solutions would realize just how people feel at the moment

 

I just wish I would not wake up tomorrow but I will and I will fight them

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Hi Brig and DX

 

I have received a reply to Brigs letter saying they will not contact me at work with a copy of OFT brochure

 

their letter stated they did not think them contacting me at work was harassment LOL

 

but they said I should pay them not Cap and should ring them to make an offer of a repayment plan

 

I think not they also sent a letter this week offering a discount

 

I think I should carry on and pay Cap1 I do owe this money but will not pay them any ideas

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Hi, never ever phone a DCA if you can carry on paying Capone do so but base payments on the dicounted amount.

DX no doubt will comment.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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you need to find out WHY they are offering the discount.

 

prob the PPI

 

so its not a discount its your PPI OFF the balance.

 

time to show us your PPI stuff.

 

have you got ALL your statements?

 

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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