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    • Thanks guys. Received a letter today from Resolvecall to say that I have been removed from their files and my account has been closed, it continues to say that I maybe contacted in future by Intrum or another debt collection agency. Do you think it’s worth finding Itrums address and sending them the same letter? Thanks in advance 
    • 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    
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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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How to defend myself against a claim

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Background. My Mum was being cared for by a local authority using contracted out care. The copany did not always turn up on time, stay the required time, or even turn up at all on many occasions. To compund the problem they falsified records to suggest they had.

I complained but nothing was done to resolve the problems.

I stopped paying the care bills to make them take notice. They didn't notice until I pointed it out.

Mum passed away and I was the executor of her estate.

Mum's bills consist of many elements of care, only one part (the subcontract part) which I have an issue with. I want to pay the rest and discuss/negotiate the bad element. The local auithority refuse to separate out the bills saying I owe all the bill. I have offered several times to pay the parts and discuss the rest.

I'm being taken to court, the Chancery Division no less, for the whole bill, ~£5k.

I have applied to defend the claim and have now got papers suggesting that it wil be fast-tracked.

I'm not sure what my next step should be, any help gratefully received.


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I'm mystified why their solicitors issued the claim in the High Court in London. Its been awhile since I've had to look at the detailed rules surrounding this stuff but generally speaking a case has to be worth at least 50k to be heard in High Court.



Is there some other aspect to this, e.g. a mortgage or property dispute?


Was there a contract between your mum and the local authority? If so what does it say?




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Mum's bills consist of many elements of care, only one part (the subcontract

part) which I have an issue with

Is the claim against you personally? The claim should be against your mother's estate. Yes you need to deal with them as executor but you cannot be held personally liable.

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The claim is against me personally as I was the executor of Mum's estate. Mum's estate consisted almost entirely of her property which was sold and then the value dispersed according to her will.

Mum did not have a 'contract' as such with the local authority (LA). They were providing assorted care services for her. Mum was regularly in and out of hospital. For a while her care was provided by the LA personnel directly. But when she had a stay in the hospital once of over 2 weeks this effectively cancelled this care package and so a new one was set up when she came out of hospital. This was provided this time by a subcontract company to the LA. This is when the problems started. Mum's care package consisted of a number of elements. 1. Home Care, ie a care visitor turning up for a specified amount of time to do specific duties. 2. Family based care, a visitor turning up once a week for a chat. 3. Telecare. A system that had a smoke alarm and a pendant button linked to the telephone for emergency use. 4. Respite care. Residential care stays when Mum had been in hospital or similar. The ONLY part of the care package that was a problem was the Home Care. The team were late, lazy, short time visits, no visits at all. They falsified records to suggest they had visited according to the schedule. Because of the repeated problems and the lack of interest in resolving them by the LA I stopped paying the bills. I had control of Mum's finances via a Power of Attorney document. The LA did not notice until I, out of frustration, pointed it out to them, approx. 8 months after stopping. It took another 6 months to get a meeting together to discuss this. At this point the LA just 'ran away' and stopped providing home care. they then delegated a budget of £0 to me to find my own. I did and it ran successfully until Mum's eventual death.

The claim is for the whole amount of the cost due to ALL the elements of the care. I have offered to pay ALL of the parts that are not disputed and then discuss or arbitrate over the remainder. The LA have refused saying they cannot split the bill down. Its all or nothing. Therefore I have not paid.

They also say that the whole bill is due anyway as Mum would only have been paying a 'contribution' to her care costs and not the whole amount. My point is that she didn't get the whole care package due to poor service from the subcontract care team so why should she pay the total bill. The service promised was not delivered.

When Mum passed away I applied for probate so I could sort out the estate. The LA placed a Caveat against the estate which prevented the probate grant. I applied for a Warning against that and the LA withdrew their caveat before it got to probate court.

I have repeatedly asked for a bill breakdown so I can pay the parts of the bill which are not disputed.

The LA have repeatedly refused saying its a whole bill.

The amount was initially over £7,000 but is now a little over £5,000 as one part was separated out and has now been paid.

I do not understand the legal process enough to understand why I've been put through the High Court route and not the small claims etc.

It is via the 'Chancery Division' of the High Court of Justice in Chester. The LA is Cheshire West & Chester.

I live down in Staffordshire.

I have submitted a defence stating that I dispute the amount, not that I dispute the whole claim. I have also stated that I wish to pay the undisputed elements but am being prevented from doing so.

I have asked for arbitration and a discussion in the form of a pre-action protocol from the LA but they have refused. They recon a Pre Action Protocol is not appropriate.

The court has written back to me following my defence submission suggesting the fast track. But as I say, this is all foreign to me.

Any quality advice and help accepted please.

Happy to answer more questions if needed.

Sorry this is a bit wordy!

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How much is the amount of the claim then? If less than 10k you need to be pushing for small claims track. This would be much better for you than fast track, as it greatly reduces the risk of having to pay the LA's legal costs.


I am a bit mystified as to the legal basis for all of this. You say there was no contract, but surely there must have been some sort of documentation in place in relation to the home care arrangements. These kind of three party arrangements, where the LA contracts a sub-contractor to provide services to you, but the contractor fails in its duty, can be a bit complicated and difficult to advise on without being able to sit down and read through all of the documents.


Can you post up the Particulars of Claim, word-for-word if you are comfortable doing this on a public forum? Or at least give a clear summary of the POC?




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