Jump to content


  • Tweets

  • Posts

    • My autistic son brought a van from a private seller. ( there was 5 other cars on his drive and another van, plus loads of machanic tools in his hallway,  so he probably is a unofficial dealer).  He gave the van a once over, he checked for any warning lights that might be on, there was none. He checked underneath for any rust etc, it all looked fine. The body was rough, but you'd expect that for the age of the van.  He got his brothers machanic to give it a pre mot check, as the van was old so he expected it to have a few problems. The van is a deathtrap, the seller had blacked out all the warning lights that were on the dash,  and I mean all.  He had also painted some kind of black stuff on the underside, to hide all the damage there.   My son drove it for over 2 hours to get it home. The machanic said he's surprised my son is still alive, and an untrained eye would not of seen what the seller had done.  Iv asked the seller for a refund and for him to have the van back, but he is refusing. Is there anything we can do.   
    • First of all it sounds as if your retailer is very decent and very responsible. This itself is unusual in these kinds of circumstances and I think we need to bear this in mind. The guarantee is not particularly relevant and in fact the dealer had a statutory duty to exercise a certain responsibility for your computer – probably for several years as their obligation under the consumer rights act. The dealer may not have known this and it simply acting out of a sense of moral responsibility and that is even more noteworthy. You've already suggested earlier that you didn't really want to cause problems for your retailer. I think that you will need the help of your retailer as well in order to get information and evidence. I suggest that you proceed against DPD – but before you do that – I suggest that you have a discussion with the retailer. Tell them that this is what you are going to be doing and you would like to have a copy of anything they have which relates to the special instructions which apparently your dealer has already informed you about in relation to where item should be left. Secondly, maybe you should tell your dealer about this site and also about this thread. I can imagine like many dealers who are frequently sending items by means of couriers, they have had things go missing. Tell them that we will be very happy to help them recover money for lost or damaged or stolen items – and that is regardless of whether or not they have purchased insurance. Apart from being very pleased to help your dealer recover items which have been lost by irresponsible parcel delivery companies, I think we need to encourage the complicity between you and them so they will be pleased to support you in your claim against DPD. It will be helpful if you can get a copy of the instructions that you have referred to above, and also if you can get some written evidence of your own instruction that your laptop should be left in a safe place. Have you done the reading on this sub- forum? You will need to do lots of reading of many of the similar stories on this sub- forum. They won't necessarily be against DPD but the principles will broadly be the same. Also read the pinned topics at the top of the sub- forum in order to understand many of the principles involved. Getting your money back but be quick – but your chances of success are better than 90% that you can bank on it taking anything up to a year. Have you got anything in writing from DPD either refusing you or telling you that they won't discuss with you?  
    • Thank you for telling us the text of the letter you had from the police. As we don't seem to have come across this before, it would be really useful for us to see the original please. HB
    • Pasco has recalled 104,000 packs of sliced bread after rat remains were found in at least two packs.View the full article
    • UPDATE I went rooting through an old box of paperwork I have and I've found the original Default Notice. It is dated **/**/201*, however.. The copy of the Default Notice that they sent with the LBC has a completely different date on it 😮 Can they issue 2 default notices for the same debt? Where they have changed the date on the copy, they have also changed the amount owed through failed payments and how much is required to be paid by a certain date. In addition, they sent (with the 1st LBC) a copy of the termination of the agreement, which I cannot find the original. However, the termination date is 3 days after the date given on the (doctored) Default Notice, by which monies are to be paid by. So, they gave until the 'x' date to pay the arrears, then terminated the agreement 3 days later. I bet a dollar to a dime they've doctored the termination date also.
  • Recommended Topics

  • Our picks

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

Lloyds - Lowell BW Legal SD **Set a Side+Costs*** judge commented at NO CCA!!


senac
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3797 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

Morning all, I must admit that I am getting nervous now.

 

I had initially received a letter from Lowell concerning a debt with Lloyds TSB (disputed since 2008).

and thinking that this was another DCA threatbot promptly ignnored it as this was about the eighth such DCA to contact me

and I had lost the inclination to send the "debt in dispute go back to the originator" letter.

 

However when I received another I started to follow on here,

just before I was served a SD by BW Legal for a disputed credit card debt that Lloyds had assigned to Lowell.

 

When I contacted Lowell on the morning of October 8th (8am via e-mail which was replied to)

they said that they would put this on hold for 60 days to allow them to get all paperwork from Lloyds,

they would not confirm this in writing to me.

 

they did write back to me to say that the required paperwork would take 12 days to get back from Lloyds.

 

The server from BW legal served the SD at 7:11 pm that evening.

 

I put in a defence to my court and have a hearing date for this coming Monday 16th in the afternoon.

 

I have been following. others threads and there seems to be a pattern of advocates for BW informing the court that they are not able to proceed

as they do not have the necessary paperwork.

 

My concern is that I will get into court and the paperwork will be produced then,

or that the judge will decide that he wants to hear this in full.

 

Not being an advocate or litigator, can anybody offer any advice.

 

Thanks in advance.

Link to post
Share on other sites

They are not permitted to "ambush" you with paperwork at court, Senac. So if they do, you should ask the court/judge for an adjournment so that you can review what they have given you.

 

 

honeybee has left an alert for those with more knowledge who will look in over the weekend. :)

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

I can only agree with Citizens above.....although I doubt very much they will disclose or even attend. In the event they do either request more time to consider or refer to your affidavit in support of the set a side.

 

 

Regards

 

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

Evening all, I must admit that I am getting more than a little nervous now.

 

I have been trying to prepare for tomorrow in terms of what I need and in referring to my affidavit, the grounds were.

  • The alleged debt has been in dispute with Lloyds TSB since 2008
  • Lloyds TSB have failed to comply with a SARN in relation to this alleged debt
  • They have shared information regarding this alleged debt with Multiple DCA's in contravention with a correctly served Data Protection notice, and then assigned this to Lowell
  • Lowell have acknowledged my request for a true copy of the agreement under s78 of the Consumer Credit Act, and have agreed to place this on hold ( for 60 days but that they will not confirm this in writing) so that they could provide the documents but that this could take 12 working days (from 8th October 13)

 

I have the following questions.

 

What documentation do I need to take?

I also have a "Notice of Acting" from BWL, does anybody know what this is?

If this is set aside, can I claim for the day off work that I have had to take to defend this?

If the set aside is successful, what can I realistically expect Lowell/BWL to come at me next with?

 

Sorry to ramble but I am in bits and do not want to mess this up tomorrow as I am a householder with a wife who has just finished year 6 of an IVA (November) only to be served with a redundance notice on Thursday of this week.

Link to post
Share on other sites

I have the following questions.

 

What documentation do I need to take? copies of forms 6.4 & 6.5 and evidenced disputes /CCA request

I also have a "Notice of Acting" from BWL, does anybody know what this is? Notice of the Solicitor representing tomorrow

If this is set asidelink3.gif, can I claim for the day off work that I have had to take to defend this? Yes & you should prepare a costs bill

If the set aside is successful, what can I realistically expect Lowell/BWL to come at me next with? Impossible to say

 

 

Regards

 

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

Andy, thanks for that.

 

Is the 6.4 and 6.5 the defence document that I submitted to the court?

 

I think that I have the copies of the second CCA request, although these are on an old PC,

although I do have a request from Lloyds TSB dated 8th Jan 2011

which was one of their stalling tactics of a document which gave them permission to release my personal information in response to my DSAR.

 

Which I returned to them on 23rd Jan 11 although the information was never provided under this.

 

Should going up against a solicitor worry me as I am not legally trained and all I have is from reading forums.

 

As for costs, is it just the day off work and parking.

 

I am worried that if I have to produce a pay slip that BWL will then know my take home pay.

 

Is there a template for a costs bill.

Link to post
Share on other sites

Andy, or anybody else who may be able to help.

 

I have just been looking at the documentation from both Lowell and BWL and they seem to have made a schoolboy error, they have my name incorrectly.

 

For example, Instead of John Smith. They have John J Smith listed on both their paperwork and the subsequent court paperwork.

 

Now I am guessing that this could be remedied by informing them of the error which would give them the chance to serve me with amended paperwork,

 

also extending their window to obtain the original paperwork from LTSB.

 

Alternatively if I challenge that I am not the person on the SD can I raise this in the hearing.

 

What a quandary to be in?

Link to post
Share on other sites

I would not go down that route

 

follow what andy has posted above.

 

I would think they will not turn up

 

and anyway, its not a 'court' just a sit around table type hearing.

 

if they've not given you yet a copy of the CCA then that should be enough to set it aside.

 

they can't 'produce' it on the day, they must give you time to respond correctly.

 

as with 99% of SD's / court claims by these people

 

they issue them without holding the necessary paperwork

hoping it wont be contested & they get a default judgement.

 

you came to cag, you now know you rights.

 

as for what happens after the set aside, it resets the debt process to that point in time.

 

as for cost £18per hour of your time

stationary costs

postage costs

phone call costs

loss of wages.

 

if you have not paid anything in or out on this debt since 6yrs before the claim date you 'could' bring statute barring into play too.

what was the debt type?

 

dx

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

dx, Thanks for that I have been able to sleep (well for a few hours)

 

The debt is a disputed personal credit card debt. Which was only taken out as my business was hit.

 

I was self employed from 1993-2008 and had all my personal and business banking with LTSB but when the recession hit me in 2007, I started looking at what they were charging me for the current accounts and started looking at the "unfair bank charges" and managed to get a small payment out of them for this.

 

However the charges for the bank accounts had the following effects.

    [*]That I was mainly using the credit card for essentials, food and fuel

    [*]As a family my wife (the main wage-earner) entered into an IVA

     

    It is only now with hindsight that I realise that I could have gone for all charges under a hardship argument and that if I had done so then this would have wiped out all of the 3k on the card.

     

    However as I looked into it more i realised that LTSB had consistently charged me a "late fee" for making a counter payment in their branches on the due date for the credit card (also said to be a naughty practice by the OFT) so in 2008 I started with my first SARN (DSAR now) this was not replied to and followed up with another in December 2010. Unfortunately this is where I fell down by not going to the Office of the Information Commissioner after the 12+2 and when I did, I was told that as it had been over 12 months that I would need to start again.

     

    I made the last token payment on this in 2009, but as for "statute barring" as I have had communications regarding this I would have thought that the 6 year period has not started yet? (although others may know better)

     

    Thanks for making me aware of what I can claim in costs, is that £18 per hour for all day or just the time of the hearing? Although I am thinking that a counter-claim for costs may spur them on to push LTSB for all paperwork and bury me in that mountain.

Link to post
Share on other sites

You can claim a one off fixed amount for losing a days pay ( if that is the case) of £85.

 

 

Regards

 

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

Your welcome senac...best of luck and yes please update with what transpires.

 

 

Regards

 

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

IF the solicitor turns up, he will try and bully you before the hearing. Normally if theyvknow they will lose, theyll pressure you to agree to something before they go in.

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

Link to post
Share on other sites

renegadeimp.

 

Thanks for that, I am of the opinion that the worse that could happen is that the SD is upheld. From my wives IVA there is a charging order for 26K on the house by Northern Rock (sorry Virgin money, disgraceful as I had 2000 shares in NR before they went under)

 

I will not be agreeing to anything prior to going in, but if they are insistent then I will go in with some hope.

 

Senac

Link to post
Share on other sites

Good afternoon all,

 

I am back home now with the following. A set aside :-) Advice from the Judge that this will not go away.

 

Total time from going in to coming out was 9 minutes.

 

Before we went in I was approached by BWL counsel and asked for a chat so that we could see each others side of the story

(Please tell me if I am going to get my arse kicked)

I declined and said that I would wait for the Judge.

 

The hearing started with BWL asking for an adjournment of 56 days in order for them to get the paperwork from LTSB,

 

the Judge asked the "standard" question of

 

"why issue a SD when you did not have the paperwork"

 

BWL reply was

 

" we did not know it was in dispute"

 

Judge retorted with

 

" you wouldn't until you issued the SD, would you?"

 

I advised that this has been onging since 2008,

 

also that they had had over 60 days since I asked them for a copy of the CCA

 

and I did not think that another 56 days would result in this being produced.

 

The Judge agreed and set aside :-D:-D:-D:-D:-D:-D:-D:-D:-D:-D

 

Then they asked if there was anything else, so I went for it and asked for costs.

 

These were awarded more smiles for me.

 

 

A big BIG thank you to all who gave advice.

 

Although if this does come back to haunt me, I know who to call (and it is not Ghostbusters :-D )

 

Thanks again.

Link to post
Share on other sites

Well done senac...as predicted then...thread title amended to reflect the outcome.

 

 

Well done

 

 

Regards

 

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

hey another fleece bites the dust!!

 

dx

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

Yes, excellent news.. :)

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

Well done :))

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...