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    • Well the PH, although lengthy, (3 hrs) went well. Claim in time and only dropped one of the seven claims as it was unnecessary. The Judge gave great advice and commended us on our presentation of the claim, have to thank Valla for that one. Now for a bit of a breather before the 5 day hearing later this year. Thanks for all the advice and steers to date. 
    • to note: the claimant has given a 'reference' number. It is 11 digits long. Regarding 2 - do I even say I have had dealings with Barclays Bank UK PLC ?   Also the 'particulars of claim' are not in paragraphs on the claim form. It is just one chunk of text. With sentences. Do I refer to these as paragraphs ? As I have in the above defence.
    • 1.The Defendant contends that the particulars of claim are vague and generic in nature. The claimant even fails to refer to an agreement number. Therefore the defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. Paragraph 2 is noted. Whilst I have had dealings with Barclays Bank UK PLC given that claimant fails to refer to an account number I am unaware what agreement the claimant wishes to rely upon.   3.Paragraph 3 is noted although without knowledge of which account the claimant refers to I can neither admit or deny the receipt of a Default Notice pursuant to sec 87(1) CCA1974 being received.   4. Paragraph 4 is noted but again as above I am not aware of what agreement the assignment refers to.   5. On receipt of this claim I requested information pertaining to this claim from PRA group (UK) Limited by way of a CPR 31:14 request sent via 1st class recorded post on 06/06/2024 and further to the above I sent PRA group UK Portfolios Ltd a section 78 request via 1st class recorded post on 06/06/2024.   To date, PRA Group Uk Portfolios Ltd or PRA group (UK) Limited are yet to furnish me with the requested information  and therefore prevented from enforcing the alleged agreement.   6.Therefore with the court’s permission the Claimant is put to strict proof to evidence and :   a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Not really as long as its relatively new and similar and post Pre Action Protocol changes. 
    • Obviously they have a problem in their system.   .
  • Our picks

    • 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
      • 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

YES car credit PPI


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Hi Everyone

Im new to this site so bare with me.

 

Im just about to embark on attempting to reclaim the PPI from Yes car credit which was on a car I purchased in May 2005.

Can anyone give me any hints on what I should do first. I have an original copy of the credit agreement but not sure who or where I should turn to first.

 

Any help greatly appreciated

Thanks

K

 

:???:

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Check out my thread on here, it will give you all the help that you need. You may find it a bit easier as you only purchased your car in 2005 and probably won't get caught in all the hassle of the Limitations Act like I have. With any luck they will have been regulated then, which may make it easier for you. They will make it hard for you though, so stick at it.

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Thanks for your response. I've been having a read of your thread for past few days. . It's scared me abit as all seems very complicated.

 

Was looking for abit of advice for where I should go first? Was going to try DAF address in horesham do you know if that's the correct address and what info should I give them?

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have you all the statements?

 

ifnot sar time

 

you need them.

 

can you scan up that agreement please

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

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... 

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Hi

Sorry for the delay in reply its taken me a while to figure out how to attach the document. Hope you can read it. This is the only paperwork I have.

When you say statements what do you mean and where will I get them from

 

Thanks for your help

Katherine

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You will need to send a SAR request and a £10 cheque or postal order. They should then send all the paperwork that they have for your account. Mine included a 3 page statement of all the payments made on my account. They usually send it out on a password protected CD. If you look on here you should find a template with the wording you need. They have 40 days to comply with your request.

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you need to convert your agreement picture to PDF

 

thanks for coming here to help UKD

 

mucho thumbup:

 

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... 

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I've just had a little nose around for you and it seems that they were regulated by the FSA when you took out your agreement.

 

They were registered for the sale of insurances I think from 14th Jan 2005 to 24th March 2006. Take a look at these links. Hope it will make it easier for you to claim if they haven't complied with the regulations.

 

http://www.fsa.gov.uk/register/firmRefSearch.do

http://www.yescarcredit.ws/

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