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    • apologies if I'm being dense, doesn't that open me up to the risk of a backdoor ccj? They still have my parents address for me. (I *may* come back to the UK someday!)
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • I take it I should redact names, court numbers etc?
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    • I understand that the item was correctly declared but the value was under declared. When you enter into any kind of contract, there has to be in agreement as to exactly what is being exchange for what. You agree to pay a certain amount of money for the delivery. They agreed in return for that to carry out the delivery safely – but they also agreed to shoulder a certain level of risk based on your own valuation. This means that the value that you gave for the chair is what they reasonably expected to be the extent of their risk in the event that the item was lost or damaged – or stolen. I'm afraid that by undervaluing it, our view is that you would be unlikely to recover anything more. There is never any advantage in declaring and undervalue. It effectively gives a gift to the service provider because when something goes wrong then that becomes the extend their liability. If you want to try and sue for the proper value then we will be happy to help you but I don't rate your chances. If you want to sue for the undervalue then I think your chances are extremely high. The item was lost – it wasn't damaged. Even if it was damaged, there was no particular suggestion that not being flat packed in some way contributed to the risk of damage but certainly it is impossible to conceive how being flat packed or not flat packed would affect the risk of the chair been lost. In fact in my view, because the item was a large item one would imagine that it would be more difficult to lose it. If you want to continue with this claim either for the full value of the undervalue then we will be happy to support you. Please make sure you've done the reading. I can tell that you've done some reading but I'm afraid the fact that you don't appear to have appreciated the consequence of an undervaluation suggest to me that you haven't read very thoroughly. I think it is important to make sure that you understand the principles of claiming for failed parcel deliveries completely. It will put you in control. It will give you confidence. There is no downside. Do the reading. Post a draft documents here so we can check before you send them off.
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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 
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    • 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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Hoping to end DMP with settlement offer


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Hey there,

 

I have been on a debt management plan with CCCS for a number of years,

paying a total of £48 each month to five different companies with a debt totaling around £15800.

 

I have a mortgage on a house with negative equity, which I can currently renting out as I am living with my girlfriend rent free.

 

She has offered to give me a lump sum of money to clear this debt (she's an absolute belter!!!),

 

however I am a little bit worried about explaining that I am living with her and she has money.

 

My question (number 1) is if I tell them this, is there any way that they can try and get the money from her as we are in cohabitation?

 

(question 2) I spoke to CCCS and told them I was hoping to make a settlement offer

and asked their advice for how much I should start at.

 

They told me it should be however much I have and they would not advise on a specific percentage.

 

The problem is that I don't actually have any money and will be relying on my girlfriend,

she says she's happy to give me it but I don't want to completely wipe her funds out,

after all she has her own bills to pay and children.

 

Can anyone suggest what sort of percentage I should offer?

 

Thanks in advance!

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well the idea here is you've no 'debt' with step change

 

your debts are with the original creditors

 

so you could just cancel the plan

 

and await the letter from whom

you paid through the DMP

 

what were your debts?

 

please lists them.

 

it may well be thatmany of your debts

are not 'legally' due [ie ones sold to DCA's]

 

most DMP providers do little or know checks upon 'if'

you REALLY do owe all the money on the debts.

 

i'd also investigate PENALTY charges & PPI reclaiming too

 

before you ever think of settling a debt.

have a look at your CRA file as well.

 

make SURE all your debts SHOW.

 

if they don't

then SERIOUS investigations need to be done

as to WHY the debt is not showing.

 

CRA details are below.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for that.

 

My debts are:

 

Moorcroft Debt Recovery 7022.49

Santander 6910.75

Apex Credit Management 845.70

Barclaycard 711.40

Barclays Bank 305.76

 

However, on my credit report, Moorcroft is shown as Halifax and Apex is shown as Lloyds TSB. This is who the original debt was with, not sure what this means.

 

I am currently working in rural Australia so receiving my mail is a little bit difficult but not impossible, I can do this if I need to, just wondering what happens if I do this.

 

Cheers

 

Dan

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are you ever returning?

 

those that are shown as with the original creditors but you pay adca

need to be looked at

 

if the oc still owns the debt, why pay a dca

they are taking a cut for sure.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yeah I think I'm returning, I have the option to stay but for some strange reason I miss the rain of NE England.

 

How would I go about looking into these?

 

I really appreciate your advice!

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ah there myself well Scotland anyway

 

might be an idea to fire off a few cca requests

 

though i'm not sure it applies to all your debts

[bank account sare not covered by cca]

 

adapt the following text to YOUR details.

DO NOT SIGN THE LETTER!

get a £1 BLANK Postal order

write on the back

for statutory £1 CCA FEE ONLY.

leave the payee BLANK

post the two off by 1st class post, get proof of posting from PO counter

they have 12+2 WORKING days to comply.

 

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other [PC print yourname - do NOT sign it!]

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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With moorcroft and apex, I would check that the money is actually going to your debt and not the dcas profit margin.

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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Can you confirm you are living in Australia with your GF but the home on which you have a mortgage is in the UK ?

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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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