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    • We don't often advise appealing a PCN, it's true. It's too easy for people to out themselves as the driver and make things more complicated. We might suggest writing to a large supermarket chain or a hospital in your case, but rarely to the PPC. It isn't in their interests to allow appeals, they don't make any money then. HB
    • Can you tell us more about the car. Make, model, price paid, year blah blah blah. Please can you upload your claim form in PDF format. Was the castle with an MOT? What date was MOT? Who gave it the MOT? You have issued the claim – when did you issue it/when is the return date? How did you pay for the car? What other losses have you incurred – insurance, repairs, et cetera? You've been here since 2015 – and am curious to know why you didn't come here first before you started getting into formalities with them. You have a responsibility for the vehicle. However I would indicate to them that you are going to be charging him storage from the date that you first tried to return it to them and they refused. Did you send them a letter of rejection? You're still within 30 days and you should have done this. You say that you bought the car on 9 July. What they did you issue the claim? You should have implemented the pre-action protocol of giving them 14 days notice before you issued the claim. It appears that you haven't done this and this could pose a problem for you if the matter is raised in court. Why didn't you send them a letter of claim giving them 14 days? Please can you go to these questions carefully and address each one  
    • So, is frightened farage in westminster doing his utmost for his constituents ? or has he naffed off to suck up to the republicans in the US?   No prizes for guessing.   Nigel Farage defends flying to America to support Donald Trump as MPs debated King's Speech in Parliament CA.NEWS.YAHOO.COM The Reform UK leader was in Milwaukee, Wisconsin, where the Republican National Convention is being held   Someone check his UK expense claims
    • BTW do you think i need to include the Blue Badge or PIP letter or anything to do with housing in order to evidence my partner's disability or are the witness statements enough?  These can be easily added I just don't want a bunch of private health related documents in the public domain as you can imagine.
    • I can see you have this on 3 different forums and the advice you are getting is broadly similar on each. It all depends on your appetite for risk; sadly no one can force your employer to behave, with no potential consequences to yourself.
  • 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 
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    • 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
        • Like

Mortimer Clarke Solicitors / Cabot Financial


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Hi all,

 

New member, first post, so please be gentle with your replies

 

I need sound advice on my next course of action.

 

I have an alleged debt of £2.5k approx relating to a credit card.

 

 

As a lurker on these forums for some time, I know a little about this process,

so I wrote to Mortimer Clarke Solicitors previously and said the alleged debt is statute barred.

 

To quote their reply:

 

"You have alleged that the claim is statute barred.

Section 5 of the Limitation Act 1980 provides that an action founded on simple contract shall not be brought after the expiration of six years

from the date on which the cause of action accrued."

 

"The six year limitation period runs from the latest date on which:"

"1. A payment was made towards the debt, or"

"2. The agreement was terminated, or"

"3. You acknowledged the debt in writing"

 

"We are instructed that in this case the cause of action accrued when the agreement was terminated on 08/08/2009.

Therefore the claim is not statute barred.

If you disagree please explain why.

Alternatively please find enclosed an income and expenditure form for you to complete and return".

 

That's it.

 

 

I don't know if the 2009 date is correct or not.

 

 

What are your suggestions as to my next move?

 

 

I have never acknowledged this debt in any way, and in my previous letter to them I asked them for a signed copy of the credit agreement which I have not received.

 

 

So should I go back and repeat this request, and how should I word it?

 

Any help will be greatly appreciated.

 

Thanks.

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Theyre wrong. With credit cards they know very well that the last payment or date of written acknowledgement is the SB start date.

 

You now need to do some homework and find out when the last payment to the account was and last written acknowledgement.

 

Have you sent them a CCA request yet? You need to include a blank postal order for the statutory £1 fee

  • Confused 1

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

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Thanks for the reply. I haven't sent them a CCA request, so I'll get it in the post with a£1 PO in the next few days.

 

I don't keep old paperwork as I throw it all away so I know I haven't got details on last payment/acknowledgement. However I'm 100% certain it's long before 2009, so I presume it is statute barred?

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what does your credit file say?

 

 

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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Who is the OC and when did you take the

 

card out?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Get the s78 request off

 

Any ppi on ac?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Cabot ate extremely unlikely to produce a CCA of that age. Get the request off and it will pretty much kill off Cabot chasing you, although they will beg you to pay

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

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