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    • Hi All I know this a long shot but ha anyone got any advice please? Nearly three years ago (maybe more) my ex took a contract out for a new phone for my birthday that I ended up paying the bills on (lovely present huh) I have always paid the bill for this. The phone number that I have had for most of my adult life was passed over to this contract and I am old now haha We are now divorced and have not been in contact  - he is abusive and I have nothing to do with him. I cannot enter into any dialogue with him whatsoever. I have continued with my phone contract and number etc but am stuck - I have no access to my bills even though they come out of my account - as the contract is in his name I cannot get a pac code to move therefore I will lose my number if I cancel- sky just quote data protection at me which I get but this is soooo frustrating!!!! I know that the sensible thing would have been to just l cancel the dd lose the number get another contract elsewhere and get over myself and move on but I am just asking out there as a final desperate attempt - can anything whatsoever be done??? Thank you in advance :)
    • What's your intent, or interest? I can't see that you have any cause of action regarding bills issued by one third party to another third party. Is the idea to use this as a lever "I'll denounce you to HMRC unless you do blah blah .." That might in fact have no teeth anyway, HMRC will aware of the company's turnover via their other tax affairs.  As a matter of fact a company buying VAT rated supplies and selling to VAT registered customers is actually worse off if not VAT registered themselves. Has your court case reached it's conclusion yet?
    • Hello, welcome to CAG.  I expect people will be along to advise later. We aren't here to mock, this is a serious forum. If you feel you're being picked on  report the relevant post to the site team.  Best, HB
    • no that is not a defence. because you don't have a photo
    • I purchased the vehicle using finance through motonovo under a HP 60 months agreement. I have now amended the document ensuring all is in black. Unfortunately, this email has now been sent. However, I have not sent a letter to big motoring world. Also, I have taken the section of the firealarm issue. I am struggling to convert to PDF. I am not tech savy at all. My mistake was that the the salesman was very fussy on a sale. We went down a quiet road for a little test drive and not for a lengthy road test. The water issue was not present at this moment of time. However, it only became prevalent after driving away, after all docs signed. I did stated to Audi I wanted a diagnostic report. However, they carried out an Audicam which is footage of the issue. Audi have diagnosed the issue as a common issue where coupes/cabriolets accumulate water in the seals. However, I did state beforehand for no issue to be rectified due to me wanting to reject the vehicle. I am awaiting a report from Audi through email from the branch manager in relation to the issue. The issue so far is the water still being present in the sills. Audi tried to fix the issue however the problem is still prevalent. Regards 
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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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split claim?


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Hi Andy My situation is the same as factor 59. Sigma issued court claim in the same way for £299 + costs for a debt of about £1300 I decided to defend it and sent what the court regards as a denial and not a defence. What do I need to do to make it a defence? Please advice. Rayin

 

Repeat of what I sent you. Please advice

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Can you post up what you offered as your defence rayin? less any identifiable data.

 

Regards

 

Andy

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Andy

 

This is what I offered as my defence.

 

1. I deny that I owe this amount.

2. The claimant has not furnished with me with any information in relation to this claim.

3. I challenge the right of the claimant to bring this claim against me.

I have the notice from the court to apply to set it aside. The deadline for that is today as it gives you seven days or they can enter judgement.

I need to complete form N244 and send with a fee of £80 by 4pm today 1st June.

I have the following thoughts on this.

1. The debt (credit card) has been sitting with the bank for so long and they have done nothing with it. The bank account was little used and this debt just set there in the background and I think it may have been over 6 years. Any mileage there.

2 The bank account is in joint names but I can't recall if the credit cards were in joint or singular names. The claim is only issued against me.

 

3. This is abuse of the legal process??

 

Any other items you can think of??

 

A prompt response would be appreciated.

 

Regards

 

Rayin

 

 

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Hi Rayin

 

Firstly you need to start your own thread not to hijack Factor59,s.Once you have done that then you need to post up the paperwork from the Court,I find it very puzzling that the defence was rejected judgment placed and they then tell you to set it a side.

 

Regards

 

Andy

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  • 2 weeks later...

hi Rayin,

 

snap I got one as well for 299 these are being issued as bulk issue, just under 300 to avoid fees i guess.

 

 

Hi Andy My situation is the same as factor 59. Sigma issued court claim in the same way for £299 + costs for a debt of about £1300 I decided to defend it and sent what the court regards as a denial and not a defence. What do I need to do to make it a defence? Please advice. Rayin

 

Repeat of what I sent you. Please advice

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hi Rayin,

 

snap I got one as well for 299 these are being issued as bulk issue, just under 300 to avoid fees i guess.

 

Yes all close to SB mostly Overdrafts and all partial claims.An abuse of the Court Process.

contrary to s35 of the county court Act 1984

 

s35 Division of causes of action

 

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

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Andy,

do you think this might me a little over the amount they paid to HSBC for the Debt and they are trying to get there monies back, or do you think they will try to claim more.

this would lead to multiple judgements if successful.

 

 

Yes all close to SB mostly Overdrafts and all partial claims.An abuse of the Court Process.

contrary to s35 of the county court Act 1984

 

s35 Division of causes of action

 

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

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Andy,

do you think this might me a little over the amount they paid to HSBC for the Debt and they are trying to get there monies back, or do you think they will try to claim more.

this would lead to multiple judgements if successful.

 

What do you think bh? and with regards to multiple judgments only to the recipients not registered to CAG and are unaware.

 

Andy

We could do with some help from you.

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  • 4 weeks later...

On the split defence issue, I posted this elsewhere...

 

Be a weeny bit careful with using ‘split claim’ as a defence. It’s not really a defence, but a highlighting of a potential abuse of process. It’s only a split claim when they chase the balance or state they will chase the balance legally. They could argue they only want part of what is owed.

 

Even the arch inventor of split claims, Bryan Carter, has now admitted that split claims are ‘morally unethical’, but also claimed they had been advised by counsel that their methods were legal (they were legal until they went after the rest).

 

In other words, I think that was Carter admitting they split the claim to reduce claim costs and hopefully get a judgment, then rely on debtors’ ignorance and misleading practices to get the rest. Which is exactly what I believe Sigma is doing.

 

Have a look at this thread, especially post #18.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?334544-Brian-Carter-Two-CCJ-s-one-debt-(same-account-number-on-court-records)-HELP

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For some people it may be worth not defending a split claim.

If you know the debt is owed and the paperwork is all in order, a split claim can be a gift horse.

I had a £3,900 overdraft debt owed to Co-op Bank and thanks to good old Bryan Carter and his split claim I paid £390.

I got the court to order payments of £5 per month and then took pleasure in sending £5 of loose change each and every month (1ps-20ps all well shook up)at an average cost of £3.50 postage recorded delivery, to top it all I insisted on a statement of account every time. So I cost him time to count and bank the £5 and time and postage for the statement every month.

I don’t think he wanted to go back to court for anymore, I even telephoned Carter and more or less begged him. He sold the account to Arrow Global but I saw them off with one letter and a copy of the certificate of satisfaction.

Never let Carters excuse for a law firm get you down and have fun with them!

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For some people it may be worth not defending a split claim.

If you know the debt is owed and the paperwork is all in order, a split claim can be a gift horse.

I had a £3,900 overdraft debt owed to Co-op Bank and thanks to good old Bryan Carter and his split claim I paid £390.

I got the court to order payments of £5 per month and then took pleasure in sending £5 of loose change each and every month (1ps-20ps all well shook up)at an average cost of £3.50 postage recorded delivery, to top it all I insisted on a statement of account every time. So I cost him time to count and bank the £5 and time and postage for the statement every month.

I don’t think he wanted to go back to court for anymore, I even telephoned Carter and more or less begged him. He sold the account to Arrow Global but I saw them off with one letter and a copy of the certificate of satisfaction.

Never let Carters excuse for a law firm get you down and have fun with them!

 

Exactly my point rev – it isn’t technically a breach until they make a legal demand for the balance. But, given that they clearly want the whole balance, it is certainly unethical. Always one for the SRA.

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I just wanted to comment on part of your defence although it's just for reference now. Based on my own experience in court the unlawful repudiation/rescission argument does not work in these cases. When a contract is repudiated things go back to how they were in the beginning I.e. the creditor is entitled to his original loan or the amount of credit given back less of course any repayments made by the debtor.

My opinions are not expressed as an agent or representative of The Consumer Action Group. My advice is given freely but please remember to always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star below.

 

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