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


  • Tweets

  • Posts

  • 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 
        • 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
      • 162 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
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.
Latest activity

Ruthbridge for crapbot re chasing old mbna debt

30LQ

By 30LQ
in MBNA

 Share

Recommended Posts

30LQ

30LQ

Posted
Posted

Hi,

 

Had 2 letters from these guys in the space of 2 days. Say I owe Caboot 1400 for a credit card from MBNA.

 

Now, I had one of these in 2001 when I was young and stupid but far as I know my parents paid it off at the time. If not there could have been no more than 300 as that was my limit.

 

Any ideas? I'm not paying these clowns.

Link to post
Share on other sites
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Ruthbridge are well known for chasing dead end debts that now one else will touch.

 

You need to check your credit reference files asap, to see if this account shows.

DO NOT phone or write to Ruthbridge until you have the credit file details, then

come back here.

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:

Link to post
Share on other sites
30LQ

30LQ

Posted
  • Author
Posted

It would have been paid off in 2001. That is the last time I had anything to do with it.

 

Not on my credit file. I check these regularly. I actually have a top credit rating as I've learnt the errors of my youth.

Link to post
Share on other sites
citizenB

citizenB

Posted
Posted

If the last payment or acknowledgement of liability was made in 2001 then if there is anything owed then it is almost certainly statute barred - whilst any balance would still be due then they would not be able to obtain a judgment in court.

 

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

 

 

 

There is a letter in the CAG library that you could send to them advising that it is statute barred and that you will not be making any further payments.

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

Link to post
Share on other sites
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Yes they will drop the debt like a hot brick!

 

 

Send this by recorded/signed for post:

 

The Compliance Manager

Ruthbridge Ltd

 

Ref: Use theirs,,

 

Sir/ Madam,

 

I am in receipt of your letter dated xx xx xxxx regarding an alleged debt for £xxx .xx please not I do not acknowledge any debt to Ruthbridge Ltd or any company it may claim to represent.

 

Having reviewed my credit history I have concluded that any such alleged debt is STATUTE BARRED and I will therefore not be making any payment.

 

I am fully aware of the OFT Guidance 2003/2012 and the sections regarding the pursuit of statute barred debts and the section regarding the sale of such debt without informing the debt purchaser of the status of the debt.

 

Ruthbridge Ltd is reminded that should it dispute the status of the alleged debt the onus of providing unequivocal proof that the debt is not statute barred falls entirely upon Ruthbridge Ltd.

 

I now require Ruthbridge Ltd to cease processing all data relating to me and to remove it from its records immediately.

 

Ruthbridge rarely reply to this letter and I guess the noise of toys being thrown from prams in Twickenham will be very loud.

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:

Link to post
Share on other sites
30LQ

30LQ

Posted
  • Author
Posted
Yes they will drop the debt like a hot brick!

 

 

Send this by recorded/signed for post:

 

The Compliance Manager

Ruthbridge Ltd

 

Ref: Use theirs,,

 

Sir/ Madam,

 

I am in receipt of your letter dated xx xx xxxx regarding an alleged debt for £xxx .xx please not I do not acknowledge any debt to Ruthbridge Ltd or any company it may claim to represent.

 

Having reviewed my credit history I have concluded that any such alleged debt is STATUTE BARRED and I will therefore not be making any payment.

 

I am fully aware of the OFT Guidance 2003/2012 and the sections regarding the pursuit of statute barred debts and the section regarding the sale of such debt without informing the debt purchaser of the status of the debt.

 

Ruthbridge Ltd is reminded that should it dispute the status of the alleged debt the onus of providing unequivocal proof that the debt is not statute barred falls entirely upon Ruthbridge Ltd.

 

I now require Ruthbridge Ltd to cease processing all data relating to me and to remove it from its records immediately.

 

Ruthbridge rarely reply to this letter and I guess the noise of toys being thrown from prams in Twickenham will be very loud.

 

Thanks Brig. I will make a donation once this is sorted.

 

One other thing. Shall I copy in Cabot?

Link to post
Share on other sites
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

No I wouldn't copy in Crapbot, let Ruthbridge break the news!!

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:

Link to post
Share on other sites
30LQ

30LQ

Posted
  • Author
Posted

Got a third letter now. That is 3 in 6 days.

 

They are offering me a deal to settle the alleged account for 250. Very reasonable when they allege the debt is 1400.

 

Only problem is that it has crossed with letter bearing bad news for them. Statute barred I'm afraid.

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 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...