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    • He is still trading.   I won't get anything out of it, no.  But is that the point?  Not charging it means the Govt misses out on important revenue 
    • for whatever reason, if you did not get the original PCN on the car/by hand nor in the post before things escalated you need to appeal using the correct forms, not a soft appeal to the issuing council Which forms to use for which offence pe2/3 & te7/9 - Local Authority Parking and Traffic Offences - Consumer Action Group  
    • as this situation has now come up again for you, how confident are you that if you get on the straight and narrow with having a respite of 60days (Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk)... would you then be able to resume ok? if not quite honestly, the very best thing you can do is to get ALL your debts defaulted by the issuance of and the registering of a Default Notice from each creditor. this is done by stopping ALL PAYMENTS, it wont hurt you short term, esp as all the debts are still with the Original Creditors. this of course will kill credit for 6yrs, but, will cause the debts to vanish from your file (paid or not, paying or not) on the DN's 6th B'day, but of course that wont mean the debts are not still owed, legally, just your file will be clear of them all. if you read a good 10-20 of the stories in this very same forum you found to start yours, you'll soon get the idea behind the advice given. as for things like IVA/BK etc NEVER EVER do those, that secures unsecured debt. just contact one of the free DMP providers and get breathing space implemented, that gives you a 60 day buffer to firm up your future actions. but DO NOT enter into a DMP, do one yourself. they can be a bit pushy, but simply insist you just want breathing space invoked, i would only be giving them enough info to achieve BS too, don't give them anything you don't need too, they are funded by the banks and debt collectors and can sometimes be over intrusive and nosy wanting info that is better not revealed. dx    
    • “Not realising it was a no parking zone” doesn’t help you if the timing is correct, as (at least, on Google Maps / View) there is clear signage ('7am to midnight', parked at 15:22) What might be worth pursuing is the "ticket handed to driver" aspect : do you have any view on why they would be  stating that?
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    • 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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The whole world is after her!


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My wife had an account with simply be and ordered a few items and paid without problem, then she got an invoice for an item that never got delivered and after speaking to them she learned that the delivery driver had 'thrown it over the fence', she told them several times by phone and email that the item never arrived but they insisted she pay for it, so she had ordered it but it never arrived.

 

Now were getting Lowell and Fredrickson threatening all sorts and every letter has a different balance between £200 and £2000 which is amazing as the simply be account had a £300 credit limit.

Shes ignored them but I sent a CCA request which came back after almost 2 months as 'reconstituted' and had no signatures on it.

 

Bryan Carter have just written again (we have more than 30 letters now) threatening court next week, should we continue to ignore?

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TELL them that tue debt is in dispute and any further contact will be taken as harassment. Carter is a muppet. The second somone files a defence he runs off with his tail between his legs and leaves the oc with a bad debt to manage.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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was

My wife had an account with simply be and ordered a few items and paid without problem, then she got an invoice for an item that never got delivered and after speaking to them she learned that the delivery driver had 'thrown it over the fence', she told them several times by phone and email that the item never arrived but they insisted she pay for it, so she had ordered it but it never arrived.

 

Now were getting Lowell and Fredrickson threatening all sorts and every letter has a different balance between £200 and £2000 which is amazing as the simply be account had a £300 credit limit.

Shes ignored them but I sent a CCA request which came back after almost 2 months as 'reconstituted' and had no signatures on it.

 

Bryan Carter have just written again (we have more than 30 letters now)tion threatening court next week, should we continue to ignore?

 

Hi, Carter is a sneaky solicitor for rent who will issue a court claim as a 'debt collection threat' then drop it as soon as a defence is entered.

 

So as Carter is the last one to contact send the following by recorded delivery.

 

For the Personal Attention of

 

Bryan Carter

Bryan Carter Solicitors.

 

 

Ref: use theirs.

 

Dear Mr Carter,

 

I refer to your letter dated xx xx xxxx ion reference to an alleged debt for £xxx xx, originating from an account with simply be, please note I do not acknowledge any debt to your or your client.

 

For information and the avoidance of any misunderstanding you should note the following points.

 

1. This alleged debt is was in dispute with the original creditor when it was passed to your client.

2. This matter is disputed because the item that was subject to my order was NOT delivered.

3. The creditors delivery agent did not call at my property for a signature on any delivery note or other document.

4. The original creditors manner in dealing with this matter was intransigent and careless.

 

5. Your letter threatens court action aware, please be aware that should Bryan Carter escalate this matter to litigation any claim WILL be rigorously defended.

 

6. I suggest given the information above Bryan Carter Solicitors now returns the file on this matter to its client as the claim has no merit, and advising them to close the file.

Edited by BRIGADIER2JCS

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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was

 

Hi, Carter is a sneaky solicitor for rent who will issue a court claim as a 'debt collection threat' then drop it as soon as a defence is entered.

 

So as Carter is the last one to contact send the following by recorded delivery.

 

For the Personal Attention of

 

Bryan Carter

Bryan Carter Solicitors.

 

 

Ref: use theirs.

 

Dear Mr Carter,

 

I refer to your letter dated xx xx xxxx ion reference to an alleged debt for £xxx xx, originating from an account with simply be, please note I do not acknowledge any debt to your or your client.

 

For information and the avoidance of any misunderstanding you should note the following points.

 

1. This alleged debt is was in dispute with the original creditor when it was passed to your client.

2. This matter is disputed because the item that was subject to my order was NOT delivered.

3. The creditors delivery agent did not call at my property for a signature on any delivery note or other document.

4. The original creditors manner in dealing with this matter was intransigent and careless.

 

5. Your letter threatens court action aware, please be aware that should Bryan Carter escalate this matter to litigation any claim WILL be rigorously defended.

 

6. I suggest given the information above Bryan Carter Solicitors now returns the file on this matter to its client as the claim has no merit, and advising them to close the file.

 

Use recorded/ signed for post, Carter could claim he never received the letter.

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 3 weeks later...

I sent a letter off and got a reply saying they will look into it and either they or shop direct will write back in due course.

 

Since then Red have written and offered discounts, they said pay 70% of the balance or call up to discuss it if she cant afford it!

She only had one shop direct account so where they got all these different balances from I have no idea, one is for almost £1800 yet her account had a £300 limit, the other is for just over £230 but the alleged debt is to the same company.

 

Then came a statement of account showing balances and payments etc, the balance on that was £400 odd, every time they write with different account numbers.

 

Shes also had a letter from Lowell stating she owes £36 for an O2 account and its being passed to Tocatto, shes never had an O2 account, only ever used Orange and Vodaphone and her mobile phones are always in my name!!!

 

All this despite saying any further communication is harassment. Do they actually know what the balance is or do they just make it up?

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Discounts means its a bad debt.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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It means that for some reason the debt is unenforceable and uncollectable. You need to find that reason.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Some people would say yes. But its best to find out how it is a bad debt imo

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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This seems to get steadily worse since you first posted here.

 

I will read through all the thread as I think I can draft a challenge to these spurious accounts.

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I have....

 

Red wanting

£1800

£240

£921

 

Lowell wanting

£230

£1800

£921

£681

£404

£37

£236

£1250

 

Brian Carter wanting

£599

£1300

 

Scotcall wanting

£1680

 

Fredricksons wanting

£1300

£600

£1440

 

 

All chasing for JD Williams or Shop Direct, Fredricksons are for JD Williams or Lowell, I understand from her she had one account only and it was JD Williams.

 

They have threatened everything from killing the cat and the sky falling on her head to removing us from our home.

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OK,which one of these is the actual account please.

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I have no idea....

the one which says "Statement of Account" is for £404 if that's what you mean?

 

The ones from Red at £240 & £1800 are the ones they are offering a discount on.

 

She told me she had one account with a £300 limit which was paid other than the £150ish for a coat and pair of boots that didn't get delivered but appeared on her bill, she took it up with them several times on the phone and via email, they said they would look into it then these letters started.

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OK, I think a 'generic' challenge that can be sent to each DCA is the best course, I'll put some thing together for you.

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Please Consider making a donation to keep this site running!

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Oh no a new one this morning from Lowell, it seems the balance of £921 hasn't been paid so is being given to Advantis Credit LTD.

 

These people have already written to her asking her to confirm whether she is at this address or not and went on to say that if they got no reply they would keep writing anyway, that was a couple of months ago and we heard no more from them, so it looks like they will be writing to her now after all.

 

The letter from Lowell came with a balance statement on the back.

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Lowell are known fleecers. Plus that previous letter is in breach of of guidelines and possibly ico regulations to.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Oh no a new one this morning from Lowell, it seems the balance of £921 hasn't been paid so is being given to Advantis Credit LTD.

 

These people have already written to her asking her to confirm whether she is at this address or not and went on to say that if they got no reply they would keep writing anyway, that was a couple of months ago and we heard no more from them, so it looks like they will be writing to her now after all.

 

The letter from Lowell came with a balance statement on the back.

 

Another mail order account?

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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This latest one is for 'Shop Direct' as most of them are, they say either JD Williams or Shop Direct.

 

I have been thinking on this if it is at all possible to isolate the original account on which the dispute was started because of the non delivery of the item ordered a generic letter to ALL the DCAs concerned just might put a stop to this.

 

I have a couple of appointments now, but would willingly draft something for you later.

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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Going back to your first post, and not knowing what your wife has already said in her emails, I would be asking them if they seriously think that throwing an "item over the fence," is indicative of the way all their delivery drivers behave? As they have already admitted this, they have also admitted there is no proof of delivery, and you expect them to instruct all their various debt collectors to cease collection activities immediately.

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