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    • just noticed that one of farages favorite poops was suggesting another stealth tax of 10 quid a month - possibly per person inc children ..   Minister proposed £10 monthly insurance-style patient charge to fund NHS dentists WWW.INDEPENDENT.CO.UK ‘Working people can’t afford another Tory tax rise,’ says Labour’s Wes Streeting   “They are framing this as some kind of pre-payment or quid pro quo, but of course, we already pay for the NHS through income tax, and in general that is a much more equitable way of doing it.” The DHSC declined to comment
    • All righty, seems I know why it was so quiet, the case was in transfer. I just got a letter from my local county court stating that they will be now taking over from Nots (dated 28 May 2024, wow) But no other correspondence so far. Will keep you posted
    • Hey,  I've messaged my husband but he is not contactable while he is in work. As soon as he is on his way home I will find out which finance company we used. I'm so sorry, I just don't know.
    • Okay, I have read your claim form. A pity you didn't come to us earlier. You haven't pleaded any legal basis for your claim and you haven't cited the Contracts (Rights of Third Parties Act. How long have you been aware of this forum? We will have to bring that out later when you do your witness statement. Once again, do the reading very carefully. I suggest that you wait until Monday before coming back here and confirming that you have read everything. And in particular, as I have indicated, read the thread which I posted above very carefully and in particular we the details of the contractual terms which were discovered and get a copy for yourself. Post a link to them in this thread as well for other people to see. They are relying on the fact that you don't have a direct contract with them and they are referring to a contractual term which is apparently in the contract between them and Packlink which specifically excludes third parties. You will definitely want to see this. They have tried to rely on this before but they have never produced the contract. In your witness statement you will have to request that they produced the contract in court. In terms of the mediation, frankly we would have advised you to decline mediation. It's all done secretively. Nothing is ever revealed and of course they will try to get you to compromise on the amount of money you are claiming. We would strenuously suggest that you don't give up a single penny. Do the reading that I have suggested, find the details of the contract which I have told you about which accepts direct liability to you, the customer – and post it here.
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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
      • 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
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Hi Zen

 

There is not really much you can do until you receive notification of the Costs Judgment...then you can make application to vary using the N245.

 

Regards

 

Andy

We could do with some help from you.

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Thanks Andy. I have been thinking of seeing a solicitor so they can go further but its a hell of a lot of money, is there anyone who can have a look at the witness statement from optima to see if its worth me paying for a solicitor. I can email it them

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Zentrix, perhaps contact CAB and ask for a list of Solicitors who offer a half hour session at reduced fee. If you check them out prior to going you can ensure you are seeing someone who deals specifically with this type of issue.

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

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4: Staying Calm About Debt  Read Here

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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

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Thanks B.

 

Ok today the court letter arrived!!!

 

Dated 1st July.

Stating that I have to pay the claimants costs of today assessed at £493.00 by 4pm on July 1st 2013 in default of which the counterclaim shall stand struck out.

Also my witness statement will have to be sent by tomorrow!!!

 

That gives me no time to pay, I cant apply to pay in installments and the claimant can get my counterclaim struck out because I havent paid!!!

 

What do I do now, I am afraid that my counterclaim will be struck out and I will lose my case.

 

HELP :(

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andy isn't online at the moment, but I will leave a message for him.

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

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Thanks B.

 

Ok today the court letter arrived!!!

 

Dated 1st July.

Stating that I have to pay the claimants costs of today assessed at £493.00 by 4pm on July 1st 2013 in default of which the counterclaim shall stand struck out.

Also my witness statement will have to be sent by tomorrow!!!

 

That gives me no time to pay, I cant apply to pay in installments and the claimant can get my counterclaim struck out because I havent paid!!!

 

What do I do now, I am afraid that my counterclaim will be struck out and I will lose my case.

 

HELP :(

 

 

Please note Andy's earlier response.

 

Hi Zen

 

There is not really much you can do until you receive notification of the Costs Judgment...then you can make application to vary using the N245.

 

Regards

 

Andy

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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Have you paid the fee for your counterclaim or is that why it's being struck out?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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Sounds a tad like blackmail im not sure on what basis a counter could be struck out in the default of a costs judgment payment.I would simply make application as advised above to defer it and keep the CC on track.

 

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

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  • 2 weeks later...

Hi guys, heres an update.

I sent an email to Optima asking them for detail on how to pay then, no answer in nearly 2 weeks, so I still havent paid. i dont think the court coukd enforce it anyway as the letter gives me no time to pay because it was posted after it should have been paid.

I have now recieved a trial date for the first week in August, will this be with a jury?

Also the court has been changes from Walsall to Coventry, anyone know why this has been done? Its an hour drive away.

Ringing the CAB tomorrow.

 

The item I purchased was paid for with 2 different lenders, HSBC and MNBA. The section 75 claim was paid by HSBC but MBNA wont pay. If I am unsuccesful at trial am I right in thinking that I can go back to HSBC and ask them for the remainder that MBNA wont pay? If that is the case would it be worth me telling MBNA I will do this? Would HSBC then go after MBNA for their half? Is it possible then that MBNA may have a change of heart with the thought of HSBC and court action?

 

I look forward to any replies.

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I have been thinking about contacting MBNA and seeing if I can do a deal. I dont think I can afford to finance it any further. Do you think that they would accept that I pay them the amount owed on the card but they refund me the payments that I made? I would then chase HSBC for the remainder of the claim, as they paid me back the half then I should be able to go back to them for the remainder and then clear the card amount owed to MBNA.

 

Would it be worth me contacting HSBC to start the ball rolling even though my counterclaim is due in court in 2 weeks time?

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If you purchased something for say £10,000 with 2 different credit card suppliers (£5000 each) and claimed half from the one and the other would not pay, could you go back to the other card company for the remaining £5000. Both card companies would be jointly liable for the claim?

If the answer is yes what would be the chances of the other card company paying again.

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I think even if you pay part by CC

the whole lot is claimable

 

they get it back from the people you brought the product from

so they don't lose out

 

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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:lol:

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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:lol:

 

OK that sounds good. My case goes to trial and I am in the situation and above but for a little more money. I think I will send a letter to HSBC today asking for the other half. If they pay I will try and do a deal before court. If they wont deal i have a chance of winning anyway but i just cant take the stress anymore.

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What have the other credit card supplier said ?

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

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They are trying to say that I am claiming fraudulantly. Which i

 

On what grounds.

 

Indecently the first CC provider cannot enforce the full and final element of the payment, the requirement of section 75 are not contract out-able. They are either liable under the statute or they are not. Section 173 of the CCA. IMO( full and finals made like this a seldom enforceable anyway)

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

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No jury, generally that is for criminal matters. There will be one judge.

 

The court has probably been changed to suit availability of judge etc.

If I have been helpful please click on my star and add a comment.

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We had previously applied for planning but the amendment didnt get to the planning before they made a decision so didnt get planning was refused. I planned on applying again but my father was then diagnosed with cancer so we put our conservatory on hold. I was acting MD at the company where I purchased the conservatory, I did the contract myself so it was all legit and I didnt have to pay comission to a sales rep. This was 1 month after my father died of cancer who was the MD up to that point. Work then got busy and I never got round to submitting the new application, we signed up for invoice financing with HSBC and then the banks all went bust and we lost all our work, we then had to put the company into liquidation so I never got what I ordered.

MBNA are trying to say that I ordered the conservatory to inject cash into the business and that I knew that the business was in trouble, which I did not! HSBC did a survy on the company and would not have taken us on if our book debts were not healthy. I have money on my credit card but if they had refunded me my section 75 claim I would not have money still owed on my card.

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