Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • Consumer Lover
      Statute barred/Prescribed date vs 5 year default date anniversary

      By Consumer Lover · Posted

      Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report?   The three I have with the May date are moot anyway as either way they are gone - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August so I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they.   I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc?   I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's.   Thanks in advance for any advice.  
    • FTMDave
      Alliance Parking Letter of Claim - snotty letter help?

      By FTMDave · Posted

      I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • lookinforinfo
      Alliance Parking Letter of Claim - snotty letter help?

      By lookinforinfo · Posted

      OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • clou00
      Alliance Parking Letter of Claim - snotty letter help?

      By clou00 · Posted

      Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • lookinforinfo
      Alliance Parking Letter of Claim - snotty letter help?

      By lookinforinfo · Posted

      They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Esa tribunal and worried - ** PUT IN THE SUPPORT GROUP **

anna15

By anna15
in Benefits and HMRC

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4186 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

anna15

anna15

Posted
  • Author
Posted

Sorry I have another question. I wondered if I could dispute something I noticed before putting it on statement. In THe DECISION section 3 it states: miss x was accompanied to assessment by partner. She goes to gp, hospital and support worker appointments regularly. She cannot go anywhere alone and relies on her partner to take her. The evidence shows she is unable to get to a specified place with which she is unfamiliar without being accompanied by another person. 6 points are awarded for going out. If I can't go to appts alone and said I dont go out alone are they not confirming this by stating I don't go to appts alone as these are familiar places to me.

 

Don't know if I'm making sense sorry but I thought in statement they acknowledged I don't go out alone ever which would indicate 15 points but said evidence shows I can't go to unfamiliar places alone so 6 points awarded. I have went to hospitals and GPS etc for a long time now and never went alone.

Link to post
Share on other sites
  • Replies 71
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

estellyn

estellyn

Posted
Posted
Sorry I have another question. I wondered if I could dispute something I noticed before putting it on statement. In THe DECISION section 3 it states: miss x was accompanied to assessment by partner. She goes to gp, hospital and support worker appointments regularly. She cannot go anywhere alone and relies on her partner to take her. The evidence shows she is unable to get to a specified place with which she is unfamiliar without being accompanied by another person. 6 points are awarded for going out. If I can't go to appts alone and said I dont go out alone are they not confirming this by stating I don't go to appts alone as these are familiar places to me.

 

Don't know if I'm making sense sorry but I thought in statement they acknowledged I don't go out alone ever which would indicate 15 points but said evidence shows I can't go to unfamiliar places alone so 6 points awarded. I have went to hospitals and GPS etc for a long time now and never went alone.

 

Certainly point this out to your rep - she may be planning to argue it anyway, but best to check that she will argue for 9 points for that descriptor rather than 6 - stating you cannot go anywhere alone suggests familiar places included.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

Link to post
Share on other sites
anna15

anna15

Posted
  • Author
Posted

I have just completed my statement and feel a lot better already. There were a lot of mistakes made. ATOS noted a health issue for instance and decision maker never addressed it. One thing I'm unsure of is at the bottom of the template letter it says I have been unable to work from and tells me to add date but which date do I input? Is it date of assessment or application?

 

Thanks again, can't believe how much more positive I feel.

 

 

=estellyn;4056702]Certainly point this out to your rep - she may be planning to argue it anyway, but best to check that she will argue for 9 points for that descriptor rather than 6 - stating you cannot go anywhere alone suggests familiar places included.

Link to post
Share on other sites
estellyn

estellyn

Posted
Posted
I have just completed my statement and feel a lot better already. There were a lot of mistakes made. ATOS noted a health issue for instance and decision maker never addressed it. One thing I'm unsure of is at the bottom of the template letter it says I have been unable to work from and tells me to add date but which date do I input? Is it date of assessment or application?

 

Thanks again, can't believe how much more positive I feel.

 

 

=estellyn;4056702]Certainly point this out to your rep - she may be planning to argue it anyway, but best to check that she will argue for 9 points for that descriptor rather than 6 - stating you cannot go anywhere alone suggests familiar places included.

 

I would think, the first day you were off sick from work.

 

Glad you're feeling a bit better about things, anna.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

Link to post
Share on other sites
  • 2 weeks later...
anna15

anna15

Posted
  • Author
Posted

Hi,

 

This tribunal is tomorrow and i am terrified. Not sure what else i can do to prepare though.

 

 

 

I would think, the first day you were off sick from work.

 

Glad you're feeling a bit better about things, anna.

Link to post
Share on other sites
jackiemdmc

jackiemdmc

Posted
Posted

Hi, i'm new and face my tribunal next monday, I am really scared and now that i've read sticky feel even more apprehensive. I did get 12 points on my initial assessment so am hoping to get the three needed. I hope you win yours tomorrow good luck!

Link to post
Share on other sites
estellyn

estellyn

Posted
Posted
Hi,

 

This tribunal is tomorrow and i am terrified. Not sure what else i can do to prepare though.

 

 

 

 

Anna, there is nothing you can do now except make sure you have all your paperwork prepared.

 

Good luck tomorrow.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

Link to post
Share on other sites
anna15

anna15

Posted
  • Author
Posted

Hi jackiemdmc,

 

What are you most apprehensive about? I found sticky really good and done my descriptors letter with it, have to admit im worried sick though.12 points is good apparantly as my welfare rights lady said that.

Good luck for next week

Link to post
Share on other sites
Dilizjo

Dilizjo

Posted
Posted

My DLA tribunal was adjourned by the judge requesting further medical evidence, he ordered 4 years medical records from my GPs, I did not have to pay for it, so if you do not have enough it may be an idea for you to explain the trouble you have been having obtaining a letter etc from your GP and maybe they will do the same. I hope all goes well tomorrow:grouphug:

Link to post
Share on other sites
anna15

anna15

Posted
  • Author
Posted

Hi everyone,

 

What a morning!!! I won my appeal and expected the WRAG group but got support group. To say im happy wouldnt be doing myself justice.

 

I want to be honest though so to prepare others and say it was not easy. My rep said i had the worst panel a d are known for being nasty. I have to admit i loved the judge who was very fair and decent. The medical professor tore me apart so much so an official complaint is going in from my rep. The things he said were insensitive and very damaging. I wasnt going to complain as i am just relieved its over but if by me complaining it helps anyone else then i will do it.

 

Thanks again for all your advice and words of reassurance it meant a lot.

 

Xxxx

Link to post
Share on other sites
liverbird37

liverbird37

Posted
Posted

That's fantastic news !! Well done !!

Have to admit that my experience was a bit scary too. The judge pulled me apart, but the doctor was lovely. Both were very fair though. I didn't hold out much hope if I'm honest, but went from zero points to support group.

 

You can relax now. Well done for fighting your corner. It's not easy, but oh so worth it in the end :)

Link to post
Share on other sites
anna15

anna15

Posted
  • Author
Posted

Its def worth fighting for. Gp was not fair at all but im glad its over. I went from 12 points to i don't know how many, didnt want to wait around to find out lol. Will get papers in day or two. :-)

Link to post
Share on other sites
anna15

anna15

Posted
  • Author
Posted

Hi everyone,

 

I have another question. I am just wondering what happens next? I have read different things on backpay of arrears etc and am wondering is there anything I can do to speed backpay along? 2 weeks from Xmas and with a few children to say the money will come in handy is an understatement.

 

Thanks again

Link to post
Share on other sites
jackiemdmc

jackiemdmc

Posted
Posted

hi anna glad you won how was it I'm scared about facing the panel what did they say? 12 points is good yes but still need 3 more. My DLA has still been stopped based on the atos decision so i have to appeal that too. I'm worried about not winning and having to tell my kids no xmas this year at least it will be over monday.

Link to post
Share on other sites
anna15

anna15

Posted
  • Author
Posted

Hi,

 

Thats awful your dla was stopped. My dla continued all through this process thank goodness. They asked me lots of things. Asked what circumstances had led to depression, what meds i was on, how does my meds effect me. How did I get to tribunal, do i go out alone ever, do i attend social events, do i visit family. asked if i was scared of them?????? Asked how i would of coped if tribunal was cancelled, can i go to bathroom alone, am i a risk to myself. My rep never got to ask a single question. I believe because she spoke to them alone before i went in that they had maybe made a decision already but needed me to clear a few things up. It was hard but when your in there your not aware of time thats passed and it does pass quite quickly. Do not hold anything back and be brutally honest with them.

 

I wish you the best of luck. Im not sure if my e-mail add shows on my profile but if it does then feel free to e-mail me if i can help in anyway. X

 

 

 

 

 

QUOTE=jackiemdmc;4071260]hi anna glad you won how was it I'm scared about facing the panel what did they say? 12 points is good yes but still need 3 more. My DLA has still been stopped based on the atos decision so i have to appeal that too. I'm worried about not winning and having to tell my kids no xmas this year at least it will be over monday.

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...