Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • dx100uk
      Lowell/Overdales claimform - Old Capital one cap1 card debt

      By dx100uk · Posted

      please complete this: and post up the defence you filed too    not sure where you got that from... is this the same issue? Logging on to MCOL - is the site down? - Financial Legal Issues - Consumer Action Group  
    • dx100uk
      tfl summons to court, misuse of freedom pass. confused with letter

      By dx100uk · Posted

      thanks for bothering to update us after all the free help.... dx  
    • dx100uk
      TFL letter - accidental carry resulting in 1 use of mothers freedom pass

      By dx100uk · Posted

      what happened? dx  
    • dx100uk
      Caught fare evasion in tube station - jumped turnstile - now SJPN

      By dx100uk · Posted

      URL? dx
    • nat8808
      Lowell/Overdales claimform - Old Capital one cap1 card debt

      By nat8808 · Posted

      Hi all,  I really need to start my own thread on this Claim with Overdales/Lowell for a Cap One debt. but have already got to this stage .. My initial question for the moment - until replies come in - is that I figure my main stance is that a purchased debt cannot be claimed, debts can only be claimed by the original issuer of the debt .. but mediation is about coming to an agreement. would I be acting in bad faith if I enter into mediation yet not seeking to come to a financial agreement? Also, I need to reject the scheduled time slot and ask for another as I'm not going to be free during those hours. The wording of the email gives the impression that I am given this one slot and if I reject it, then I am rejecting mediation - there is no mention of rescheduling, only of freeing up the slot for others .. although, I would have thought it would say so, if there were no possibility to reschedule.. Can I ask for another date without issue? I am happy to post up my defence and start a proper thread? I had a lot on at the time and had to do things right away due to the time limits, so didn't feel I had time to come here and go back and forth for info, put my defence together from reading through relevant threads, late at night. CCA request appears to have been fulfilled (I'm still to check the accuracy of the documents). The other thing, asking solicitors about the particulars of the claim, hasn't .. although I forgot to ask for proof of postage and didn't send recorded post either (whereas the CCA I did), so not sure if I can pursue that easily ..?  

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • 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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Regulated credit agreements and S87 Default notices

fletch70

By fletch70
in General Debt Issues

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1851 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

fletch70

fletch70

Posted
Posted

Hi

I am after some clarification about statements from DCAs etc.

I understand that creditors need to send regular statements (annual i think)

Does this apply to both credit cards and loans or just one or the other

 

Does it apply to terminated agreements?

 

Although it is relatively new does it apply to accounts that predate that.

 

Thanks in advance

Any opinion I give is from personal experience .

Link to post
Share on other sites
citizenB

citizenB

Posted
Posted

If you are making regular payments to the DCA then yes, they are obliged to send you statements.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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

Link to post
Share on other sites
fletch70

fletch70

Posted
  • Author
Posted

Thanks. So it only applies if you are making payments?

 

Seems like a contradiction because non compliance is a bar to enforceability. Mind you who said the law was sensible.

Any opinion I give is from personal experience .

Link to post
Share on other sites
citizenB

citizenB

Posted
Posted

If you are not making payments they are supposed to send you a Notice of Arrears, at least every 6 months.

 

andyorch - amendments to default notices.pdf

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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

Link to post
Share on other sites
citizenB

citizenB

Posted
Posted

I would think probably so, however IMHO, if they havent been sending them.. then what other mandatory paperwork has been omitted or "made correct" ? I think it is little things like this that are winning some cases. Devil - detail !!

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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

Link to post
Share on other sites
citizenB

citizenB

Posted
Posted
Thanks again. I do not know how ordinary people are supposed to even have a chance of holding the financial sector to account.

 

Only through consumer forums, and campaigning !!

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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

Link to post
Share on other sites
fletch70

fletch70

Posted
  • Author
Posted

True and so morally wrong.

It's amazing that anyone can ever take on a bank and win but of courses they do.

 

Consumer forums are a double edged sword sadly that give excellent advice but sadly some quite dangerously poor advice. That is a general observation and not an accusation,it applies to all.

Any opinion I give is from personal experience .

Link to post
Share on other sites
  • 9 months later...
fletch70

fletch70

Posted
  • Author
Posted

I was just after clarification as to when a S87(1) DN is needed and when it isn't

 

I am assuming that it is needed on running credit agreements e.g credit cards, on overdrafts and on fixed term loans if they are being recalled early.

 

However I also assume that a fixed term loan that has expired does not need one

 

In the case of payday loans it will depend on the type....a line of credit such as I think minicredit offer would need one but a fixed term such as WDA (certainly used to give) wouldn't .

 

Am I correct and if not why not

 

Thanks

Any opinion I give is from personal experience .

Link to post
Share on other sites
  • 5 months later...
fletch70

fletch70

Posted
  • Author
Posted

With the exception of CAB can anyone advise how I can find a registered money Advisor to help and countersign grant application forms . I can do pretty much everything but these forms all need a counter signature from a registered money advisor

Any opinion I give is from personal experience .

Link to post
Share on other sites
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
With the exception of CAB can anyone advise how I can find a registered money Advisor to help and countersign grant application forms . I can do pretty much everything but these forms all need a counter signature from a registered money advisor

 

 

Institute of Money Advisors in Cross Street, Leeds I think is what you are looking for.

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:

Link to post
Share on other sites
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Had a look and can't see a list of members . Looks like it will be CAB

Have you tried the Financial Service Register,.

 

 

I think any "Qualified Financial Advisor" would be able to sign such a document.

So an independent advisor trading locally would be OK.

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:

Link to post
Share on other sites
  • 3 months later...
fletch70

fletch70

Posted
  • Author
Posted

Hi

Just after a bit of info on Ruthbridge.

 

I have an account with Hillsden that has gone through their organisation , DLC, MDB a couple of times

 

 

. I always give the same answers and so the merry circle continues.

 

Today I have had a letter from Ruthbridge saying they are now managing the account for DLC, so

 

Are they connected?

 

What is their M.O.

 

I will wait until I get something more before I respond.

 

 

DLC have already had a letter saying make me BR if you think you're hard enough

and sadly they still haven't so I might just send them a version of that .

 

Any thoughts?

 

Thanks

Any opinion I give is from personal experience .

Link to post
Share on other sites
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Hi

Just after a bit of info on Ruthbridge.

I have an account with Hillsden that has gone through their organisation , DLC, MDB a couple of times . I always give the same answers and so the merry circle continues.

Today I have had a letter from Ruthbridge saying they are now managing the account for DLC, so

Are they connected?

What is their M.O.

 

I will wait until I get something more before I respond. DLC have already had a letter saying make me BR if you think you're hard enough and sadly they still haven't so I might just send them a version of that .

Any thoughts?

 

Thanks

 

 

 

No Fletch, not connected Ruthbridge (The Twickenham Twerps) are the absolute bottom of the DCA pond, usually involve with debts no other company will bother with.

 

 

This lot under the leadership of Emmanual Ammisah has had an approach very similar to MMF MMF in the past.

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:

Link to post
Share on other sites
fletch70

fletch70

Posted
  • Author
Posted

Thanks Brig

Looks like I will have some fun on my hands then. Time to play the anxiety card I think . Would be true if I took them seriously , after all whats the worse they can do?

Seems to be the season to pass accounts around

Any opinion I give is from personal experience .

Link to post
Share on other sites
  • 4 years later...
fletch70

fletch70

Posted
  • Author
Posted

I thought I would spread this great piece of news.

 

At appeal it was ruled that a claimant who was not registered with the FCA could not bring a county court claim.

 

Now I have no idea what this means for people who already have CCJ's issued to these unlicensed claimants but it may be a ray of hope

I also don't know what the legal arguments were - I guess the solicitor advocate involved will keep those to herself for now 

Any opinion I give is from personal experience .

Link to post
Share on other sites
dx100uk

dx100uk

Posted
Posted

Who?

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... 

Link to post
Share on other sites
fletch70

fletch70

Posted
  • Author
Posted

I don't know who the unlicensed claimant was but I do know there are at least two out there who are unlicensed. 

 

I know this has been a discussion before about unlicensed debt purchasers but maybe it has now been decided.

Any opinion I give is from personal experience .

Link to post
Share on other sites
brassnecked

brassnecked

Posted
Posted

Interesting, especially if they are Debt Purchasers.  Hopefully details will be out there soon.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites
fletch70

fletch70

Posted
  • Author
Posted

There are some details out there on Twitter and LinkedIn as well as another forum. It is not the Phelan case which debt purchasers have been touting as a loss for the unlicensed argument. This was a different case with, I think a reserved judgement that was handed down this week. It is certainly going to be an interesting time; I do wonder if the debt purchaser will appeal to a higher court - we will have to wait and see

Any opinion I give is from personal experience .

Link to post
Share on other sites
Peterbard

Peterbard

Posted
Posted

Hi Fletch how are you\

 

Are you looking for section 40 of the CCA mate or the amendments in the 2006 section25,

 

I don't think they were repealed by the  FCA.

 

Sorry if I have the wrong end, been a long day

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites
fletch70

fletch70

Posted
  • Author
Posted

Hi Dodge

 

I was reading from a post made by a leading solicitor advocate on another forum as well as twitter and Linkedin 

 

You know how it is, I can't put a link to it - all I know is that in an appeal they won on the basis the claimant could not rely on using an authorised representative; they themselves had to be authorised. 

 

Of course the debt purchase industry will be very quiet about it 

Any opinion I give is from personal experience .

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...