Jump to content


  • Tweets

  • Posts

    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
    • I've looked at your case specifically more.   Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place" Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place
    • New rules and higher rates resulted in a jump in the number of savers opening accounts at the start of this year's Isa season.View the full article
  • 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

AA Credit Card debt sold to 1st credit - now claimform***Settled by Tomlin Order***


dpac123
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2736 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

It is your choice mediation is in my opinion an excellent way of dealing with debt, rather than just accepting that a CCJ is going to be handed down.

If a mutually acceptable agreement and a consent order (Tomlin Order) is made no CCJ is made make the agreed payments by SO and forget about it, no further action can be taken unless you break the terms of the order.

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

  • Replies 99
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

The address on the agreement ( for a recon) Must be the debtors address as at the date of inception.

 

 

How "far" wrong is the address?

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

The address Must be as at the signing of the agreement, therefore what you have received does not comply with that laid down in HSBC - v Carey.

 

I would suggest dropping a " polite " note by signed for post to whichever muppet wrote that letter pointing quite simply that the document supplied does not meet the criteria laid down in said judgement , but of course say no more about the address.

Therefore it is rejected and you suggest that they withdraw the claim.

 

 

 

 

Get it in quick

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

Sorry dpac yes still send.

The OC will have provided the "recon" so there's doubt about "who knows what" I think!

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

Is this ok to send:

 

 

Dear Sir/Madam,

Thank you for prompt your response to my enquiries. I refer to your comments regarding the credit agreement being a true copy based on the information held by the original creditor and your reference to HSBC v Carey (2009) - you

have emphasised the point that in this case, a reconstituted agreement did not need to be signed, but this judgement still upheld that prescribed terms would need to be included to make a credit agreement a "true copy".

 

The reconstituted document you sent me does not include the presribed terms and therefore does not comply with what was laid down in HSBC v Casrey (2009).

 

I would therefore ask that in the circumstances, you cancel your claim as it has no reasonable prospect of succeeding.

Link to post
Share on other sites

Cut all else other than the document supplied does not comply with the criteria for a recon agreement.

End with " withdraw the claim"

 

 

Keep it simple lose all " jargon".

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

Dont send any further letters/emails dpac...bad enough you sent the last one.......save it for your defence & Witness Statement.There is nothing to be achieved getting into letter ping pong post claim...they wont withdraw the claim.

 

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

So just complete and return the N180?

 

Yes....tick yes to mediation...the rest is self explanatory

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

  • 1 month later...

Just got through the post the notice of hearing of application at my local court on 25th November. I opted for mediation but didn't hear any more and then a letter from Northampton stating notice of transfer of proceedings. 1st Credit have attached a witness statement and N244 but I have not been asked to provide a witness statement as I thought it was going down the mediation route.

 

 

The credit agreement quite clearly shows my current address not the address at the time and is not signed. Also, there is a screenshot showing a default notice having been issued on 02/06/2009 but the default template enclosed has already personal data blotted out, including name, address, dates and amounts payable. The reference on the template default corresponds with the screenshot though.

 

 

Any suggestions on how to proceed?

Link to post
Share on other sites

Application for Summary Judgment and strike out your defence?

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

No you need to read their N244 application and tell me what order they are requesting from the court.

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

N244 says:

 

 

An Order that the Court give Summary Judgement against the Defendant on the whole claim because the Defendant has no real prospect of successfully defending the claim or issue and there is no compelling reason why the case or issue should be disposed of a trial pursuant to CPR 24.2(a)(ii) and (b).

Attention is drawn to CPR 24.5(1)(a)(b) if the Respondent to an application for summary judgement wishes to rely on written evidence he must (a) file the written evidence; and (b) serve copies on every other party to the application at least 7 days before the summary judgement hearing.

Link to post
Share on other sites

So as per my initial post #65

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

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

  • 2 weeks later...

Summary Judgement and the trial process run independently to each other...if summary judgment fails or they withdraw you revert back to the trial process timeline.

 

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

You should submit a WS in response to their application for SJ and also a further one in regards to the court directions (trial purposes)

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

OK thanks - bit confusing for us non-legal types with having SJ and a separate trial? Notice of Allocation to Small Claims Track states: "District Judge X sitting at Y considered the papers in the case and ordered that:

 

 

1. Claim is allocated to SCT and parties are referred to CPR 27 and Practice Direction ...

 

 

this is what made me think trial had superceded SJ?!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...