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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.  

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      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

MMF Clowns (At It Again) - Advice Required.

CerberusSco
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CerberusSco

CerberusSco

Posted
Posted

Hi,

 

I'll try & keep this quick & brief. However, I have had recent dealings with Motormile Finance as they contacted my 85 year old mother in law and scared the crap out of her by threatening a doorstep visit looking for myself. I don't know why they have contacted her as I have NEVER lived there. Anyway, I sent them the standard template from the CAG forums regarding a doorstep visit and changed the last paragraph to comply with Scots law.

 

I have today received this letter to my actual address where I live. Any advice on what to send these parasites in response to this? I dispute the debt and have no recollection of taking out any payday loan with Wage Day advance. I have mentioned this to them, but they ask me to provide a CRN (Crime Ref Number) which I have no intention of doing.

 

Thanks

 

mmf.jpg

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renegadeimp

renegadeimp

Posted
Posted

Sadly thats a standard form letter from then that breaches OFT guidance. Basically it says that they think UK law and regulation doesnt apply to them

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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unclebulgaria67

unclebulgaria67

Posted
Posted

Doorstep visits in Scotland for debts is illegal I thought. Suggest that you report to local Trading Standards.

 

They cannot visit an innocent third party about a debt owed by someone else.

 

If this is not your debt, then report as a possible fraud using the Action Fraud reporting system.

 

http://www.actionfraud.police.uk/report_fraud

 

Suggest that you check your credit record.

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sillygirl1

sillygirl1

Posted
Posted

Get a complaint in to the OFT http://www.oft.gov.uk immediately, they are in complete breach of OFT guidelines whether they think it or not.

 

A creditor does not have the right to harrass you at home, and does not have the right to contact anyone else about your debt.

 

Remind the OFT that they are actively persuing Payday Loan companies (Wageday Advance is one of them) and that this is not your debt.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Letter to:

 

Mr Rob Sands

Director of Compliance

MMF Ltd

 

 

Date:................:

 

Ref: use theirs:

 

Dear Mr Sands,

 

I refer to a letter dated xx.xx.xxxx., in which an anonymous operative of MMF Ltd make a claim that 'In law a creditor is different (to?? this should be different FROM) a postman or a member of the public' in reference to visiting a private residence, please explain the 'theory' and quote the 'LAW' concerned.

 

Should any agent, representative of MMF Ltd attempt to visit my home he/she/it will be invited to leave immediately or be removed with police assistance if necessary.

 

For clarification I will not discuss anything with a powerless individual who turns up at my home uninvited and there is no obligation for me to do so.

 

Recorded signed for post check delivery.

  • Confused 1

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CerberusSco

CerberusSco

Posted
  • Author
Posted
Letter to:

 

Mr Rob Sands

Director of Compliance

MMF Ltd

 

 

Date:................:

 

Ref: use theirs:

 

Dear Mr Sands,

 

I refer to a letter dated xx.xx.xxxx., in which an anonymous operative of MMF Ltd make a claim that 'In law a creditor is different (to?? this should be different FROM) a postman or a member of the public' in reference to visiting a private residence, please explain the 'theory' and quote the 'LAW' concerned.

 

Should any agent, representative of MMF Ltd attempt to visit my home he/she/it will be invited to leave immediately or be removed with police assistance if necessary.

 

For clarification I will not discuss anything with a powerless individual who turns up at my home uninvited and there is no obligation for me to do so.

 

Recorded signed for post check delivery.

 

Thanks, will send that first thing on Monday morning.

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fletch70

fletch70

Posted
Posted

What is even worse is that the CSA think they are correct. As part of my complaint procedure I went to the CSA and they did not uphold my complaint. I then reported them to the credit fitness team at the OFT.

They are twisting words, of course when a contract is signed you allow them to contact you, however OFT guidelines say you have the right to define the type of contact

Any opinion I give is from personal experience .

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

I wonder what the CSA makes of MMFs 'debt collection' letters given that it issues a 'guidance' document on the subject.

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!

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CerberusSco

CerberusSco

Posted
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I'd hate to hazard a guess of what the CSA thinks. I've dealt with them before and they were about as much help as a cat flap in an elephant house. I'll send a letter first thing tomorrow as posted earlier. I'm also going to request a NoA and maybe submit a complaint to the OFT/TS (Scotland). I've also read that the NoA they send out to people aren't proper NoA and are not legally binding.

 

I'm also tempted to copyright my name and charge them for using it. Read about that on another forum somewhere. Just want to annoy them as much as they've annoyed me & other people. Fun & games to be had me thinks, but I may leave the fun stuff for further down the line lol.

 

BRIGADIER2JCS did you include my details in your case against them at all? If not, no biggy.

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renegadeimp

renegadeimp

Posted
Posted

That copyrighr thing is a non starter. Just fotl rubbish.

 

Stick to the advice given and you'll be fine.

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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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
I'd hate to hazard a guess of what the CSA thinks. I've dealt with them before and they were about as much help as a cat flap in an elephant house. I'll send a letter first thing tomorrow as posted earlier. I'm also going to request a NoA and maybe submit a complaint to the OFT/TS (Scotland). I've also read that the NoA they send out to people aren't proper NoA and are not legally binding.

 

I'm also tempted to copyright my name and charge them for using it. Read about that on another forum somewhere. Just want to annoy them as much as they've annoyed me & other people. Fun & games to be had me thinks, but I may leave the fun stuff for further down the line lol.

 

BRIGADIER2JCS did you include my details in your case against them at all? If not, no biggy.

 

Yes.

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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CerberusSco

CerberusSco

Posted
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Posted

Letter sent as per above post by BRIGADIER2JCS. Will await a reply and see what happens. Also, requested NoA to see what nonsense they send. Just going to submit a complaint to the OFT. Seen as I'm a resident in Scotland is it the OFT I complain to or Trading Standards, or both? Just want to be 100% sure before I submit my complaint.

 

I will update this thread when I receive a reply.

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