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    • regarding 5. do I mention the CCA 1974 act or just leave is as 'section 78 request'  ?   Thanks you.
    • ive just received this reply this morning, no mention of the disability discrimination? should i reply and ask them why they are ignoring it?:   Thank you for your email.   I would like to clarify some details for you and reassure you that the fine has been looked into thoroughly from our side, from this it was confirmed that as the fine appeal has been denied and it was raised to IAS who also denied the appeal, as a result of this we would be unable to over turn this decision.   I understand this may not be the outcome you had hoped for, and I am sorry for any inconvenience caused.    Kind regards, Lauren
    • Well the PH, although lengthy, (3 hrs) went well. Claim in time and only dropped one of the seven claims as it was unnecessary. The Judge gave great advice and commended us on our presentation of the claim, have to thank Valla for that one. Now for a bit of a breather before the 5 day hearing later this year. Thanks for all the advice and steers to date. 
    • to note: the claimant has given a 'reference' number. It is 11 digits long. Regarding 2 - do I even say I have had dealings with Barclays Bank UK PLC ?   Also the 'particulars of claim' are not in paragraphs on the claim form. It is just one chunk of text. With sentences. Do I refer to these as paragraphs ? As I have in the above defence.
    • 1.The Defendant contends that the particulars of claim are vague and generic in nature. The claimant even fails to refer to an agreement number. Therefore the defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. Paragraph 2 is noted. Whilst I have had dealings with Barclays Bank UK PLC given that claimant fails to refer to an account number I am unaware what agreement the claimant wishes to rely upon.   3.Paragraph 3 is noted although without knowledge of which account the claimant refers to I can neither admit or deny the receipt of a Default Notice pursuant to sec 87(1) CCA1974 being received.   4. Paragraph 4 is noted but again as above I am not aware of what agreement the assignment refers to.   5. On receipt of this claim I requested information pertaining to this claim from PRA group (UK) Limited by way of a CPR 31:14 request sent via 1st class recorded post on 06/06/2024 and further to the above I sent PRA group UK Portfolios Ltd a section 78 request via 1st class recorded post on 06/06/2024.   To date, PRA Group Uk Portfolios Ltd or PRA group (UK) Limited are yet to furnish me with the requested information  and therefore prevented from enforcing the alleged agreement.   6.Therefore with the court’s permission the Claimant is put to strict proof to evidence and :   a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  • Our picks

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

      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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Citizens Advice Bureau are asking people to donate a tweet and tell the Government that it wasnt OK to drop the Bailiff Regulation.

 

CitizensAdvice We'd really like people to donate a tweet and tell the Government it wasn't OK to drop bailiff regulation thunderclap.it/projects/1554-…

 

 

Link to the Thunderclap Project

 

https://www.thunderclap.it/projects/1554-let-bailiff-victims-complain

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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

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This is disgusting, the government will have innocent blood on their hands when an out of control bailiff kills someone.

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 OTHERS

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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The government has NOT dropped the regulation of bailiffs. What is happening at present is that debates are ongoing in the House of Commons regarding the "thorny" subject of a regulatory /complaints body.

 

There is a lot going on "behind the scenes" and in fact, in just a short while there may well be a situation whereby bailiffs will find themselves out of work and the enforcement of Liability Orders and unpaid PCNS will be administered by IN HOUSE DEBT COLLECTION centres.

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The government has NOT dropped the regulation of bailiffs. What is happening at present is that debates are ongoing in the House of Commons regarding the "thorny" subject of a regulatory /complaints body.

 

There is a lot going on "behind the scenes" and in fact, in just a short while there may well be a situation whereby bailiffs will find themselves out of work and the enforcement of Liability Orders and unpaid PCNS will be administered by IN HOUSE DEBT COLLECTION centres.

 

Well that will be good news for us though it might put you out of a job too?

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In fact since posting my answer above I have just received an email which reads as follows:

 

MoJ begins bailiffs law meetings

 

Tuesday, 19th March 2013

 

The Ministry of Justice has confirmed to CCR-Public Sector, that meetings have started in London, between the various interested parties, to move forward implementation of the government's proposals for bailiff law and certification overhaul.

 

 

The working groups have started and include:

 

· Debtor Group

 

· Advice Sector

 

· Enforcement Industry Group

 

· Local Authority Group

 

· Interdepartmental Working Group

 

· The Enforcement Law Reform Group.

 

Each working group has a selection of representatives, drawn from a wide range of government departments, enforcement companies and the debt advice sector, including Citizens Advice.

 

Implementation of all changes, as the MoJ has previously said, will be in 2014.

 

An official spokeswoman told CCR-PS last Friday: "The working groups will be meeting over a number of weeks, at the MoJ in London, to look in fine detail at the government's intentions, which have been based largely on the more than 200 responses to last year's bailiff consultation. It is the government's intention to rein in 'aggressive bailiffs' and ensure vulnerable debtors are treated fairly."

 

MoJ minister responsible for bailiffs, Helen Grant MP, is heading the government team.

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The government has NOT dropped the regulation of bailiffs. What is happening at present is that debates are ongoing in the House of Commons regarding the "thorny" subject of a regulatory /complaints body.

 

There is a lot going on "behind the scenes" and in fact, in just a short while there may well be a situation whereby bailiffs will find themselves out of work and the enforcement of Liability Orders and unpaid PCNS will be administered by IN HOUSE DEBT COLLECTION centres.

 

Why were CAB tweeting the opposite, TT ?

 

That is very embarrassing if they sending out incorrect information ?

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

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