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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
    • hahah except I can't locate the courier to frighten them with it hahaha   
    • Dx100uk according to the ICO office, who I spoke to at some length earlier today after getting the email from the court, Equita are the data controller if they have instructed the contracted EA. The ICO have noted the case, and stated very clearly that the court has the higher standing in terms of dealing with, and punishing either party if they fail to adhere to the district judges order and any action they take will not be criminal.    but they also stated very clearly that with what I’ve told them, and on the basis of accepting what I’ve told them as gospel (which it is with written confirmation from both the courts and the police) then there is some major red flags being raised on both sides with them blaming each other.    they’ve advised me to essentially keep my powder dry until there is a charging decision and an outcome from the seperate proceedings with the EAC2 complaint, and then come back to them with the case and they will be in a stronger position to act against Equita and the EA as there will be established facts and evidence that have already been laid before a court.     
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    • 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 
        • 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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Payday nightmare begins


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Still keep any eye on your account tho, payday express tried about 7 times a day to take a payment from my account I had the bank fraud team ringing me in the end, I don't actually keep money in there but be careful I made out I lost my card but only on the new card the long number was different, can they still take cash even tho the sort an account number are the same??

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If PDE are doing that chez, you MUST report it to the OFT, FCA and FOS as a matter of urgency.

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

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Payday Express "don't do complaint handling". They're approach has consistently been to ignore complaints in the hope they go away/ complainants are browbeaten into submission and paying the obnoxious bunch.

 

You must lodge a formal complaint asap (if you've not done already) demanding they respond and acknowledge your complaint. They're unlikely to acknowledge this as they're clearly incompetent. However, once you've lodged, they have 8 weeks to respond before you can approach FOS to investigate. FOS will charge Payday Express £550.00 to investigate, regardless of the outcome. Did your bankers provide you evidence of their attempts to raid your account?

 

in the interim, send complaints to the OFT, they can adjudicate whether they retain the competence to have a credit licence.

 

Don't be bullied by these parasites.

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The bank rang me and left messages for me to ring them so when I rung back they said they had attempted loads of times different amounts, it's on there system pde have attempted it, I could ask for a copy as my proof for my records, they couldn't take anything tho as the account was empty an doesn't get used anymore

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I think its time you made a full complaint to the regulators and considered Small claims court.

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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  • 4 weeks later...

One final update! Basically the following:

Swift sterling responded to my initial email straight away, accepted my plan and gave me their bank details, perfect from my point.

Mr lender, responded to my initial email and after a little negotiating via email, a 6 month plan was agreed within 24 hours and they supplied me with their bank account details.

Paydayexpress, ignored my initial email and just sent me one text every day asking for payment, I responded every few days with a quick email. They did not respond until I sent a further email threatening an official complaint, then they came back in a few hours asking for income and expenditure. I returned this and then they went back to ignoring me again! I left it about a week then sent them the official complaint email again, and after a few hours they responded accepting my plan and supplying their bank details. Job done, but quite annoying the way they kept ignoring me, until I had to threaten the officials complaint!

Wonga, sent my initial email and they came back almost immediately offering to freeze interest and charges for 38 days until a repayment plan was agreed, they sent income and expenditure forms which I completed. However despite several emails, they never responded, until after three weeks they sent me an email asking me to ring them to discuss the situation! I was a bit reluctant but at the end of the day I wanted all this sorted and worst case scenario I could just put the phone down. I rang them and although the advisor didn't seem to know that I had returned the I and e forms, after a little searching she found them and agreed to my repayment proposal, all very polite and friendly. Although they didn't give me their bank details, i am going to register a bank card for an account that has nothing else in it, and just put the agreed amount in at the end of the month.

Finally minicredit, they completely ignored all communication, they sent me one text a day asking for payment, and every day added about 8 pounds worth of interest on, so along with their default charges my loan had gone from owing 330 to 470. Fortunately I had just above this amount available on a credit card! I know this wasn't the ideal thing to do, but I used the credit card to pay off minicredit. It's all well and good people on this site saying sod the parasites and refuse to pay any unfair charges, but it does not stop some of these companies just adding and adding and adding the interest, and it's quite worrying when you can see your debt rising everyday , and when I saw an easy way out I took it! The payments I was going to make to minicredit are just going to the credit card company instead. Add to this the fact that all the others are sorted, and this company were not even replying to me, it was the best for my situation.

So, all in all, considering the mess I was in, I think this was sorted out relatively easily, barring mini credit of course. As with most things, it wasn't as bad as I thought it was going to be, and with a little persistence, a little give and take, i can finally get these paid off in 6-12 months and get on with the rest of my life! My advice to anyone in trouble is to a). Not panic, it's not as bad as you think and b) go through this site and glean as much info as you can, I must have read every thread available and it was invaluable. c) don't give in, but don't be as stubborn as some people suggest, IN MY OPINION, it pays to try and negotiate a little, I know some people will disagree but I can only offer you my experience! Good luck, and finally thanks everyone for your input!

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Could you post the bank details up in each lenders relevant forum? It would help others a LOT.

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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