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    • He is still trading.   I won't get anything out of it, no.  But is that the point?  Not charging it means the Govt misses out on important revenue 
    • for whatever reason, if you did not get the original PCN on the car/by hand nor in the post before things escalated you need to appeal using the correct forms, not a soft appeal to the issuing council Which forms to use for which offence pe2/3 & te7/9 - Local Authority Parking and Traffic Offences - Consumer Action Group  
    • as this situation has now come up again for you, how confident are you that if you get on the straight and narrow with having a respite of 60days (Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk)... would you then be able to resume ok? if not quite honestly, the very best thing you can do is to get ALL your debts defaulted by the issuance of and the registering of a Default Notice from each creditor. this is done by stopping ALL PAYMENTS, it wont hurt you short term, esp as all the debts are still with the Original Creditors. this of course will kill credit for 6yrs, but, will cause the debts to vanish from your file (paid or not, paying or not) on the DN's 6th B'day, but of course that wont mean the debts are not still owed, legally, just your file will be clear of them all. if you read a good 10-20 of the stories in this very same forum you found to start yours, you'll soon get the idea behind the advice given. as for things like IVA/BK etc NEVER EVER do those, that secures unsecured debt. just contact one of the free DMP providers and get breathing space implemented, that gives you a 60 day buffer to firm up your future actions. but DO NOT enter into a DMP, do one yourself. they can be a bit pushy, but simply insist you just want breathing space invoked, i would only be giving them enough info to achieve BS too, don't give them anything you don't need too, they are funded by the banks and debt collectors and can sometimes be over intrusive and nosy wanting info that is better not revealed. dx    
    • “Not realising it was a no parking zone” doesn’t help you if the timing is correct, as (at least, on Google Maps / View) there is clear signage ('7am to midnight', parked at 15:22) What might be worth pursuing is the "ticket handed to driver" aspect : do you have any view on why they would be  stating that?
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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.

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      Many thanks 
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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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    • 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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Default Removal - Can I do it?


Moustacheman
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Hello all. I am after a bit of advice & Help as I want to get the defaults that are on my credit record removed but I am not sure if I can or how to go about it.

 

The situation is this:

 

12 months ago I entered into a Debt Management plan and I informed all of my creditors that I was in financial diffiulty and that I was unable to afford to keep up the repayments on my Loan/Credit Cards/Overdraft.

 

So what I did was I tried to re-negotiate a reduced payment plan with my Creditors. Some of them were really good (Capital One, MBNA, RBS) and agreed to freeze the interest and accept my reduced payments. There were others however who were not so good (Natwest, Barclaycard) and refused to accept the reduced payments and therefore defaulted my account.

 

The debts then were passed on their debt collection agencies (Natwest & Barclaycard both have their own inhouse debt collection agencies). I was then able to agree reduced payments with these "debt collection" agencies.

 

I am still paying a monthly amount to all of my creditors and none of the debts have been settled/cleared.

 

My debts with the companies who defauletd me are as follows:

 

Natwest Bank

 

£979.00 in arrears

I am in the latter stages of a bank charges claim with Natwest Bank and am claiming back a total of £3,000.00. (When I get my money back I will be clearing the debt)

 

Natwest Credit Card

£7,140.00 in areears

I am going to start a claim for my charges back on this one and I expect the amount to be around the £200 mark

 

Barclaycard

£3,100.00 in arrears

I am going to start a claim for my charges back on this one and I expect the amount to be around £600 mark.

 

Can anyone tell me if I can apply to get a default removed on any of these accounts and if so, how do I go about it? Any letter templates that I could send would be extremely helpful.

 

Thanks in advance.

 

Moustacheman

15th June 2006 - Requested Statements from NatWest

30th June 2006 - Received Statements

15th July 2006 - Preliminary approach sent for £2,156 in charges & £351.78 in interest on those charges

22nd July 2006 - Received standard response from Stuart Higley - Saying get lost

29th July 2006 - Letter Before action sent

8th Aug 2006 - Standard response saying Get lost

7th Sep 2006 - N1 Form Submitted

25th Sep 2006 - Claim Acknowledged by Cobbetts

11th Oct 2006 - Defence Entered by Cobbetts

11th Oct 2006 - CPR 18 Request from Cobbetts, letter sent to Cobbetts

3rd Nov 2006 - Deadline for Allocation Questionnaire

3rd Nov 2006 - Allocation Questionaire Submitted

5th Nov 2006 - Received Copy of Cobbets AQ

7th November 2006 - FULL AND FINAL SETTLEMENT RECEIVED!! CHEQUE FOR £3239.92!!!!

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you can only get defaults removed if they were directly as a result of unlawful charges.

JKop Vs Barclays SETTLED

JKop Vs Cahoot SETTLED

Jkop V Capital One SETTLED

Jkop V Marbles SETTLED

Jkop V MBNA £422 MCOL

Jkop V Egg SETTLED

Jkop V Cahoot Credit Card SETTLED

Jkop V HSCB £1500 W.I.P!

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  • 1 month later...
you can only get defaults removed if they were directly as a result of unlawful charges.

 

NOT strictly true, if they failed to issue you with a default notice at the time, detailing how much you are in default for and how you may remedy the situation then they have to remove the default from your credit file as they have not followed procedures in s77(1) and s78(1) of the consumer credit act

 

This is by no means an easy task - I should know, I have been trying to get Egg to remove my default in this way (but Egg are known for being particularly nasty on this forum)

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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