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    • sorry I have been confused by Statute Barred meaning. I thought with Statute Barred the debt cannot be chased 6 years after you have stopped paying.  Originally I set up a payment arrangement with all the companies around 2008 when things went horribly wrong. At that time the payment arrangement was with the original creditors.  I still have one of the original creditors who I pay each month (Cap1). I thought that if you make a payment arrangement you have to stick to that situation throughout. Also, MDR (Moorcroft) have been taking a monthly payment on behalf of M & S Bank for about 5 years. When I sent MDR a CCA request I got a copy of the original agreement sent to me directly by M & S Bank about 5 weeks after my CCA request. Sorry for my ignorance but would you suggest I stop paying all including Cap1 who are the original creditor? TIA
    • London1971 without divulging too much into his mental health he has issues regarding anything to do with government and so is it ok to fill the forms provided and what do I put on there  thanks  
    • Dear all, I am hoping for some advice/guidance on this matter. I received a LoC dated 12/04/24 and replied to this on the 2/05/24 disputing claim with the following reasons: 1: [Inadequate Affordability Assessment]: I contend that your institution failed to conduct a thorough assessment of my financial circumstances prior to approving the loan. As a result, the loan amount and repayment terms were not suitable for my income and financial situation. 2: [Unsustainable Repayments]: The repayment schedule imposed by the loan agreement placed an undue burden on my finances, making it impossible for me to meet my other financial obligations without experiencing significant hardship. 3: [Lack of Transparency]: Your institution did not adequately disclose the risks associated with the loan, including any potential increases in interest rates or fees over the loan term. I also added the following: Under the Consumer Credit Act 1974 and the Financial Conduct Authority (FCA) regulations, lenders have a legal obligation to conduct thorough affordability assessments and ensure that loan agreements are suitable for borrowers' circumstances. I hereby request that your institution: 1: Conduct a full investigation into my claim of irresponsible lending. 2: Provide me with copies of all documentation related to the loan application and approval process, including affordability assessments, credit checks, and correspondence. 3: Cease all collection activities related to the loan until this matter is resolved. Yesterday i received the attached reply via email and it included: 1: The Original Loan agreement 2: An account statement 3: A copy of a default notice letter. The email included a link for a direct debit set up page where you enter their reference and your bank account details (looks like a standard D/D set up page) but there is nothing to indicate the amount of the D/D that I might be agreeing to. I also think two days response time is not long enough to appropriately reply. Any thoughts appreciated   Email-compressed.pdf
    • Easy to set one up on Gov.uk , search on Google.
    • Hi London  he doesn’t have government gateway. Should we do it via post?
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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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Utter Despair - ESA stopped


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Hi watchdog,

 

You poor, poor thing. I am so sorry you are going through such a dreadful time. I can understand why you are in the depths of despair.

 

I helped a friend with an ESA problem last year and I just couldn't believe how dreadful the whole process was, with everyone pushing her from pillar to post.

 

I understand exactly what you mean by wanting to drive your car off a cliff; I felt the same when I first came to CAG except in my case it was the river. I was in total despair, as you are now, but I got through it and you will too with the help of people on CAG. We will all do our best to help you.

 

My first thought was a crisis loan too. Nowadays these are run by the local council in many areas. If not, ask DWP how to get one.

 

If you have any problems with the council, speak to your local councillor- that is what he is there for.

 

The landlord can't just throw you out in two weeks' time. He'd have to go through the eviction process which takes several weeks and hopefully things should be resolved in that time.

 

I am sure someone who knows exactly what to do with ESA problems will come along soon. I will be out for a couple of hours but will check on your thread as soon as I return.

 

Hang in there.

 

Big hug,

 

DDx

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Hi Watchdog,

 

I'm so pleased to hear from you this morning. :-)

 

From what you have said I'm sure you should have passed the assessment, but ATOS are clearly there to get people working regardless of whether they are fit or not. :x

 

You must be very scared and frightened after your heart attacks. My mother had TIAs and she was terrified for months afterwards that anything she did might cause another one. It's hard to adapt to being a different person.

 

Don't worry about the food bank. It's a means to an end in an emergency.

 

Please ask for any help you need, and you can come online at any time even if it's only to let off steam because that can make people feel better too.

 

DDx

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Crisis loans from DWP were stopped earlier this year which I think is appalling. The local Councils are supposed to help people with short term emergency loans, but different local councils do different things, so it will depend where you live. Call your local town hall and ask what they are doing, or you could look at their website and see if there is anything there.

 

I don't know about the prescriptions. I've just called a friend and she said she gets sent a card once a year, so if you have got one of those I'd continue using it. I don't see why you shouldn't as you have an appeal in.

 

Sorry I can't advise on what you should do about the form, but I'm sure someone will come and advise you soon.

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South Hants may be different. That is part of the problem; there is no particular scheme in place for all the councils to adhere to.

 

Good for you. Some receptionists can be sweet but other treat patients as though they are a nuisance and that is not very kind, especially in a situation like this.

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Sadly you really do have to send things in that way because otherwise they'll deny all knowledge of it. My friend returned forms in an envelope they had sent to her and they blamed her for sending the forms to the wrong address! She was then given a fax number, and when she chased up they said it was the wrong fax number and nothing to do with them, and finally they admitted that it was a temporary number in an adjoining office because their own had been broken at the time.

 

Desperately sad about that poor women in Wolverhampton. I haven't seen the story. They are a really rotten government. I met IDS years ago and I couldn't stand him. Everyone I knew thought he was a total plonker. Talk about a prime example of failing upwards. His safety net of course was his wife who has a rich father. (She is lovely; I can't imagine what she saw/sees in him.) The whole lot of them cause so much misery and they are completely oblivious to it. It's as if they live in a parallel universe. :-x

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Their allowances are staggering. I can feed two of us on £72 a month if I have to, and I have had to. Fortunately I can cook from scratch and have an eye for a bargain and I never waste food.

 

I do hope your petition is approved. Never mind facebook and twitter, what about CAG?!!!! :-) I'm sure you'd find a lot of people signing if you post the link.

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I'm so sorry. They all move so quickly to stop money but when it's due to someone they can drag it out forever.

 

I don't know about the Discretionary Housing Benefit, but on the Shelter website it says you may get a payment if you could become homeless and as the landlord is being difficult you could tell them that. Nystagmite could probably tell you more when she is next on.

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Update - ok not a good start so far. went to GP and no sick note has been issued. He is of course away today I also tried Honeybees link to Trussel Trust and it says No results for my area :/

 

There are other organizations who do this too. If you type in Foodbank and your nearest big town you might find something there.

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Daniella LOOK! Oh JOY!!! just had this from East Hants cos I found a strange payment on my bank statement when I went online to look at what they wanted - " I can confirm that having checked with the Department for Works and Pensions, you are still in receipt of employment and support allowance, therefore I have reinstated your claim." YAY!!! :shock::whoo:

 

As you say, :whoo:

 

I am so pleased for you.

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quickly followed by - "Your e-petition "Stop Benefits Discrimination and remove ATOS!" has now been published. You can view your e-petition at: http://epetitions.direct.gov.uk/petitions/51836" YAY clearly a rollercoaster day but its getting good :D

 

That is excellent news too. I shall definitely sign.

 

If you start a new thread called 'E Petition - Stop etc, and put the link there I'm sure people will sign.

 

I'm so glad some good things are happening for you today. :-D

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I think so. If they want it somewhere else they can move it.

 

I am sooo happy that you have had some good news today and that they worked so quickly to reinstate your claim. :-) I was really worried for you as my friend's claim for her disabled son really did take six months because of their staggering incompetence. :mad2:

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It took me about a week to work out how to post a thread at all. :-( I am worse than useless.

 

Hit the triangle and ask the site team what to do. You don't have to use it only to report abuse.

 

It's probably a good idea to chase them on when the payment will actually come through, hopefully it will be there sooner rather than later!

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Good for you. I was only thinking about our MPs this morning and remembering the days when they actually represented their constituents, rather than entering politics as a means to an end like Blair, Cameron and Clegg, etc., for whom it is all just a stepping stone to a very lucrative career.

 

I can't stand ours. She is a patronising ***. You should have seen the letter she sent me when I wrote to her about the proposed rise in fuel duty last year. It was awful, explaining how it had to be done and of course she appreciated the effects, etc., and it really was inevitable. I laughed my socks off when Osborne cancelled it. She was equally useless when I contacted her about my friend's son's ESA. I had a real go at her assistant. He told me they had written on her behalf, and I asked for the name of the person she had apparently written to and he replied, "the Correspondence Department." Do we really believe a Cabinet Minister couldn't get a name if they wanted to be bothered? :mad2:

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oh DD this situation would be laughable if it wasnt so darned awful - latest report I had was a guy in a wheelchair attended his ATOS assessment in Leicester. His wife took him up to 1st floor and left him waiting whilst she went to book him in. A member of staff ordered them to leave immediately as he was a fire risk!! Hells bells has this country gone mad??? :shock:

 

Hi Watchdog,

 

I think it went completely bonkers several years ago.

 

A friend of mine was suicidal last year, for many reasons but particularly due to a bereavement. She was made redundant during the time she was away from work for a month, as they'd realised they actually didn't "need someone doing [her] job". That of course made things even worse. She had worked for 40 years and never needed to claim anything before. Her doctor said there was no way she was fit for work but the woman at ATOS said, "you might not be fit to do the job you are used to doing but I think you could be capable of doing something else." What a way to treat someone. She appealed with the help of her doctor and they backed down, but that stupid woman could actually have driven her over the edge. :mad2::mad2::mad2:

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Oh watchdog, I am so sorry to hear that.

 

I've just seen both your posts.

 

I can't believe your GP did not reply to the questionnaire and crossed through it.

 

If you haven't already taken this up with him you should and it should be in writing.

 

I can't believe they "lost" the evidence and form too.

 

As you say, what a totally screwed up system. :x

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The reason this system is so screwed up, like so many other systems nowadays, is that no-one is ever responsible for a particular case or job. It's all on computerised systems and you have to deal with the next available person. Years ago you had a name and a telephone number if you had a problem and if 'Susie Smith' got your case she saw it through to the end. These call centre systems mean that no-one is ever taken to task for incompetence, no-one is ever blamed, and screw the client/customer.

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