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    • Thanks 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 concenquences 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?
    • 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
    • Please go back and read my message posted at 10:27 this morning @jk2054. I didn't say that I wasn't going to provide documents, only that I will upload them to an online repo that I am in control of, and that I would share links to these. You shall still be able to read and download them no different from if they were hosted here. And, the issue I have is not so much with hosting, but using an online pdf editor to create a multi-page pdf, again I have discussed this that same message.
  • 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
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problems with mobile phone co orange,


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Hi guys,

 

After reading neumerous threads on here about other people having similar problems to mine i could do with a bit of help and advice.

 

In april 2011 Orange defaulted me for £25.10 which i did not know i owed due to them holding incorrect details.

 

they have after 11 months of me trying to sort this out accepted that this default shouldnt have been registered against me

admitted the errors that they have made and have emailed me this morning to say that the entire account will be removed tomorrow.

now this isnt the first time they have said this so im not holding my breath!

 

So heres where i am, if they dont remove it where do i go as after 11 months this is starting to wear thin! if they do remove it i expect to be compensated for the losses i have occured.

 

I know i havent included much detail here but will update if anyone picks up on this.

 

I would be greatful if anyone who has experience with cases like this could help,

 

i recently read up on philhargs thread and the support he recieved was amazing.

 

many thanks in advance

dave

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If you can prove your losses (higher interest rate on mortgage / credit card etc.) it's simple to take them to court for this amount and the removal of the unlawful default. (Google Kpohraror v Woolwich Building Society and Durkin v DSG & HFC Bank)

 

you could take them to court without proving actual losses (King v British Linen)

 

Have a read of the cases I quoted and see what you think.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

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thanks for the reply, ill have a read, the only thing i could see possibly being a problem with proving my losses is that the default has meant that everything i have appliead for creditwise has been rejected so any credit we have is all in the wifes name. we havent been able to remortgage because of it but like i say everything is in the wifes name including the mortgage so would this affect me being able to claim for that. we should have been able to remortgage last yr with me on the mortgage to a lower rate take some equity out of the house and pay other things off, instead we couldnt and we've had to pay interest on other stuff for the time that defaults been there.

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hi locutus,

 

ive done a few searches and a bit of a read up on those. would it be a good idea for me to write to orange once (if) the default is removed with my expectations for compensation. it seems that the benchmark set by the durkin case is £8k for tarnishing a persons credit worthiness and would it help my case to include reference to these cases. To be honest its probably cost me in real terms about £5k over the last yr so if i could achieve that ammount id be happy. Or am i being unrealistic here??

 

thanks in advance

dave

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Keep in mind that anything up to £5000 will most likely be small claims track in your county court (so costs will be limited)

 

You need to follow pre-action protocol

 

More light reading for you http://www.consumeractiongroup.co.uk/forum/announcement.php?f=115&a=263

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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thanks for the reply, ill have a read of that tomorrow. ive been looking into this all day and the information has stopped going in now!!! i was hoping to get them to settle fairly quickly at that ammount. after a quick work out today the figure im out of pocket is more than i thought, around the £7k mark. i just want an end to this now!! do you think im being unrealistic in my expectations??

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another update, woke up this morning and im suprised to see the they have actually stayed true to their word and removed the default from my credit file. i nearly fell over. now im guessing this changes things considerably as that has to be an admission of liability?? am i right in thinking this??

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Hi Dave,

 

You're right. You can claim £5K for general damages to creditworthiness in the small claims court. It's a form of defamation and requires no proof except that the default was wrongfully placed.

 

Noddy on here is trying. He's been at it for 6 months and should finally get a result next month. He'll be the first to do so this century.

 

Although it's quite a simple claim, the guilty party can make it very tedious. In Noddy's case, judicial incompetence hasn't helped either.

 

Cheers,

 

Richard

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hi Mr Durkin, you are somewhat of a legend around here!!! I have just put a letter together to send to their executive office outlining why i expect to be compensated to the tune of £5k for. They have seriously affected my life for the last 2 years and im glad i didnt let it go! Im glad that you have picked up on my thread and any help and advice would be greatly appreciate!!

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so i just read noddys thread only took two hours. so im guessing his case could make or break mine, im hoping that orange just roll over and pay me but wont hold my breath. i dont really want to have to go through the whole process that noddy has but ive come this far and had the default removed. if it comes to it im happy to go to court and nail their nuts to the wall.

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Strange this.

 

In June 2011 (yes a month after HSBC default discovery) mobile network 3 sent me an outstanding bill of £35. My contract was 18months from Jan 2007 - Aug 2008.

 

So they contact me 3 years later. This was the first time they contacted me for this "unpaid" balance. So I went to the 3 store, and after several attempts (asked for the manager obviously) got a statement on their screens saying "account paid in full to DCA on 06/08/08". Got a printout (funny they couldnt print it off, we had to screenshot it and paste and all that malarky). Gave 3 a call, and said "its obvious I had paid the account in full. Furthermore, the obtained records show someone has fiddled around on my account around Feb 2009 and Feb 2010. I think you should accept this, or I shall pursue this matter further. I will accept a £10 gesture of goodwill".

 

And that was the end of that one. So I dont see why they didnt try to contact you themselves or with DCAs.

 

Also make sure you save or get a copy of the following:

 

1) Copy of credit file with the default on there

2) Copy of the default off the credit file

3) The letter admitting the fault

 

1 and 3 are more important.

I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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they said they did but there's no record of any bills or correspondence from them in that period within their SAR. It was when I pushed them on the SAR that they conceded they had made mistakes and removed the default. they had the wrong address for me even though i gave them the correct one. they even had me listed as "miss" instead of mr! like i say their catalogue of errors is growing by the day! the SAR is laughable, I have more information than they can provide me with!! when was your court date again?? im only down the road from you in bham, i might pop in on the day of your case so i can see what to expect if mine goes that far!!

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mobile phone companies give out defaults like free minutes though from what ive been reading! they aren't subject to the same rules and laws as the banks and cc companies. good job you got that sorted with 3 pretty quick!

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Lol, ooh! Am I going to get a mystery fan club showing up? Shall I invite the media? But I want to stay anonymous in the media.

 

27th Feb.

 

To be honest, I think I could do with extra support as I dont have a pricey barrister!

I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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I shall also advise you that do not contemplate if you are seeking to take action. See my join date of this forum? It is Sep 2011. The default was discovered in May 2011. From Sep 2011 till about last summer I contemplated and wasted plenty of time. It could have been over by now if it goes in my favour. I started proceedings in Aug 2012 a whole year later.

 

So do not waste time. That is the best advice I can give you at this moment in time.

 

Also, do you have a mortgage? Or if you dont, are you looking to buy a house and get a mortgage? Am emphasising on the mortgage because:

 

1) If you already had a mortgage, you cant get a decent rate if you was to renew/find new provider.

2) If you dont have a mortgage, and you are looking to buy a house then you will be in the same position like me. No one will give you one, you will find a company on the net who will give you one but hey guess what? That will be a dodgy company who will rip you off just like it happened to me.

 

So the default needs to be removed ASAP. It is better to go to court for this kill 2 birds with 1 stone.

 

Another top tip???

If you want it solving, speak to the manager. Always speak to the manager, if they are a good manager and are reputation based then what will happen is they will sort it out for you. Both cases, three and HSBC, I spoke to the manager. Previously, when I went in, the HSBC tea boy or the frontline staff were clueless and couldnt find me or the default on their system. But Mr Branch Manager did funny that aint it?!

I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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if im not busy that day ill pop up, would be good to see what to expect if mine goes that far. its taken me 11 months of fighting orange to get mine removed. im not expecting an easy ride regarding compo!! i have both copies of credit file but their letter admitting fault is a little sketchy to say the least! they say "You claim to have never recieved invoices or correspondence with regards to the above account, I cannot absolutely confirm this to be true but do find it plausable in view of the records held with cra's. As such I am willing to concedethat you may not have been fully aware of the state of the account and the related debt" they then go on to say its my responsibility to make payment make myself aware etc etc that i was bound by their t&c's even though there is a lack of any contract or evidence that i agreed to these.

 

 

ill wear a funny wig if i make it to your hearing, you can call me barry star and that'll solve that problem!! lol

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Lol nice one for the banter!

 

It can be miserable as you know the hearing is closer and you aint a legal pro!

 

Mine is different, I got the manager to write me a letter stating the error ws made and the default shouldnt have been there.

 

Now with this, am thinking am 100% victory!! But others think otherwise!!

I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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well our mortgage is in my wifes name only right now but we discovered this when looking into remorgaging last year. we did apply for a joint mortgage last year but low and behold refusal due to failing to meet credit scoring. i have a letter from our IFA saying this is why our applications failed and since the default was removed last week we are in the process of a new application. my credit score with experian went from 616 to 863 overnight when it was removed last week. experian have kindly written to me stating that its because default is gone and would have been 863ish for the past 2 years had the default not been there.

 

as for speaking to a manager at orange, it would be easier to plat pee!!! in 2 years ive spoken to the same person on more than 1 occasion once and that is the woman in the disclosures dept that dealt with the SAR. even shes starte ignoring me as they cant even send me any billing information even though the account was only closed 2 yrs ago!! they are now at day 51 of a 40 day allowe period to deal with my SAR!

 

Im not planning on wasting any time, they've already wasted 2 years of my time, i feel ive got a little momentum now the default has been removed so want to keep that going.

 

Many thanks for the advice

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Daven, by manager I don't mean on the telephone. You have to physically go into the store, get the store manager, tell him, make him ring and they will listen to him (maybe telecoms is crap like you are saying as in authority etc).

 

When with HSBC and 3, when I used to ring them, it used to go to some folk in India whose English wasn't first lanaguage and all he used to was repeat a script saying "you have to pay your debt whether its 3years or 30years". I got sick of that, and decided to deal with matters in person. You can't hide from people like that nor can you tell your colleague "Mr XXXX is away on holiday or he is on lunch" if someone asks, or even put the phone down as 3 used to do so on me!!

I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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well as far as i can make out from what ive read online, mobile phone accounts are not credit agreements and as such they are not allowed to share my information with anyone let alone cra's without my consent. (if anyone knows otherwise let me know) they didnt have my permission to share my info and even told me prior to removal of the default that if i wanted it removed then i would have to email them allowing them to remove it. I did this allowing them to remove it on the ground that they were in the wrong etc and shouldn't have ever been put there. I also included that if they were offering to remove the default as a gesture of goodwill or for any other reason that they were wrong then they should leave it there and id get the court to make them remove it! as far as im concerned its been removed on that basis!

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orange have been a nightmare to deal with all the way along, exactly the same, call centres in india, dont understand what your trying to get accross. on one occasion i did speak to someone in crappy service who said he would get the default remove, sent me a text message tio confirm and it never happened! orange deny this, and strangley that text message has dissappeared from my phone!! now i would not have deleted that! luckily i had taken a screen shot and sent it with my SAR asking specifically for all details regarding that text. low and behold they have no records of it!! the stores couldnt help me as it was a closed account. most times when i called crappy services couldnt find details of the account and then hung up on me when i got shirty!

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Lmao your last sentence so happened to me! My flatmates used to think why is he fuming in the room!!

 

I don't want to advertise on here and if an admin sees am rule breaking then am sorry.

 

You shouldn't go on contract they are a rip off! You pay excess amounts and then similar crap like this happens which haunts you for years.

 

Go on pay as you go with a cheap network like gifgaff, you stil get wonderful minutes for next to nothing! Even 0800 free numbers are free!! Yes you don't get a fancy phone, but who cares?! After 3g I paid 02 4 years worth of £60 per month on average. Now I pay £20!

I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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