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    • The important thing to know is that MET - although they will send you threat after threat about how they will divert a drone from Ukraine and make it fall on your home - hardly ever do court. Even in the very small number of cases where they send court papers, if the Cagger defends, they drop the matter before the hearing.  They have no real intention of putting their rubbish claim before a judge.  The aim is to find motorists who are terrified of the idea of going to court and who will give in when the court papers arrive. Thanks for doing the sticky and well done on finding F18's thread.  Do what they did.  On the first page - I think post 19 - there is the address of the CEO of BP.  Write to them, lay it on thick about being genuine customers in the various premises, mention the small kids, the very short stay time, attach any proof of purchase - and request that they get the invoice cancelled.
    • Thank you for that, I have obviously already been convicted so I think the appeal lodged is for the previous offence? Sorry if that doesn’t make sense. I suppose my only concern is that weds I go there and they don’t let a stat dec happen. If they do then as you say and solicitor says it’s highly likely I’ll be happy with the outcome. But I’m being told there’s no guarantee for the stat dec to be hard Weds as that’s not what the hearing is proposed for. Solicitor has stated that you can put a stat dec before a magistrates at any time so it shouldn’t be a problem.   
    • I re-read the extract from your  solicitor's letter this morning and think I might understand what they have in mind. I believe (and it’s only a guess) their strategy is this: 1.    You will make your SD 2.    You will enter fresh pleas to the four charges (not guilty) but will offer to plead guilty to speeding on the understanding that the FtP charges are dropped. 3.    If this is accepted they will attempt to argue that the two offences were committed “on the same occasion” 4.    You will be sentenced for those two offences (the sentence depending on whether the “same occasion” argument succeeds). They also have a plan in the event that your offer at (2) is unsuccessful and you are convicted again of the 2xFtP charges (and so face disqualification under “totting up”): 5.    They will make an “exceptional hardship” argument to avoid a ban. 6.    If that is unsuccessful they have already lodged an appeal in the Crown Court against that decision. (This is the only “appeal” I can think of). 7.    They plan to ask the court to suspend your ban pending that appeal. If I’m correct, I’m surprised the Crown Court has agreed to accept a speculative appeal (against something that hasn’t happened). The solicitor says this is to lodge it within the normal timescales. But you will have 21 days from the date of your conviction (which will be next Wednesday) to lodge an appeal with the Crown Court, so there is no need for a speculative appeal. I have to say that an application to have your ban suspended pending an appeal is unlikely to succeed. The Magistrates Court is unlikely to agree to it for one very good reason: if they make such an order (suspending your ban until your appeal is heard), all you need to do is not to pursue the appeal and the Magistrates order suspending your ban will remain in place. Hey Presto! No ban and no need for you to trouble with an appeal. Perhaps he will ask for your ban to be suspended for (say) three months or until your appeal is heard (whichever occurs first). This potentially creates a problem because if your appeal is not heard in that time either your ban will kick in or you will have o go back to court to get the suspension extended. But the solicitor obviously knows more about these things than I do. I would want to be very clear about this solicitor’s fees and what he proposes to charge you for. As I said, there is absolutely no need to lodge an appeal with the Crown Court. That can be done if and when it becomes required. But I am still firmly of the opinion that it is overwhelmingly likely that you will not need to progress beyond point 2 above. Point 3 is optional and I don’t know whether he solicitor has made It clear to you that the only thing you will avoid in the event of success is three penalty points. You will still be fined for the second offence and your driving record will still be endorsed with the details, but no penalty points will be imposed. Do let us know how it goes.  
    • I'm really trying, but worst case I can't find what are my options?
    • John Lewis' Privacy Notice states that their CCTV Systems does not use facial recognition or collect biometric data - so I assume it should be fine?    Thank you a lot for your reply. I've scheduled my first therapy session ne t week. Really the time to turn my life around..
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      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.

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      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.

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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
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The Funding Corporation Nightmare!!!


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Hi would like some advise if possible please. My Car loan with TFC is due to end in July this year but I have received a statement and they have added so many charges on top i'll have to pay almost an extra £600 (which are all charges). There is no way I can afford to pay this before the end of the agreement. What is likely to happen, will they try taking the car just because of the fees due? I have paid almost £14,000 already with another £1736 left to pay (£600 of that is charges). For the last 2 years, I have paid the monthly payment 2 weeks late as that is when I get paid, this will not alter dates. But I have always made the payment of £236 per month, yet they charge me numerous times every month. The agreement was taken out in May 2010 and I have requested a copy of my BOS along with the high court stamp reference number. Can anyone suggest anything else? Thanks

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Do I understand that you have tried to change the payment date and they have refused?

 

Have you done this in writing or on the phone?

 

How much is each charge?

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Hi yes it was requested over the phone. I know it's my fault as I was a full time student and got a job 2 years ago. When I first got the job I had to wait until the following month to get paid, I am always playing catchup. They said they wouldn't change it as it is due at the end of the month now and they could only move the date in the current month.

 

Each charges are £10 a month admin fee + £10 a month default fee just had statement for past year and £180 alone.

 

Should I request copies of all charges?

 

Thanks

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Send an SAR. Do it straightaway.

Read our customer service guide.

 

Follow the advice in the guide completely and then call them and asked them once again to change your payment date. Get everything down on a recording.

 

Try to reason with them a little bit and see if they continue to refuse. Get their reasons for refusal.

 

Stay very polite. The whole objective here is simply to get it all recorded.

 

Do that now. Even it it costs you a few quid for the recording device, it is very important and you must do it now. Get this done before you send the SAR

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Yes I agree, As admin fees are concerned, I think you could get them refunded... Like BF said, If they refuse then you get why and if they continue top butt heads with you, refer it to thre FOS.

They cant take the car without a court order as youve paid over a 3rd and to be honest even if they tried a judge would laugh at it because of the total amount outstanding with bee charges and not actually part of the loan

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I think that there is a potential to challenge the refusal to change the date under COBS. It is grossly unfair not to have accommodated a reasonable request to change the payment date. Most organisations will do it.

 

Followthe advice I gave earlier. When you get the info, we will discuss taking a small claims action under COBS. If you do, then I can pretty well guarantee some swift results.

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Are they regulated by the FCA? I don't see any sign of it on their website

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yes they are authorised by the FCA,

 

just to correct one misconception for anyone reading the thread

 

the protections offered by hire purchase (the one third paid)

 

do not apply to logbook loans except in the very rare instance that the BOS

 

is linked to an hp agreement rather than the normal credit agreement

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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Thanks for your replies...so it seems unless I can get them to reduce fees (unlikely) or the BOS was not registered (not that lucky) im going to have to try and find the money? I will try calling and have downloaded a free recording app but I know they won't change date, even so that doesn't help with charges already added

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I disagree. If they are regulated by the FCA then they have a duty to treat you fairly.

 

If you're prepared to make a small claim in the County Court then I think that there is a high chance that you will get all of your money back.

 

Please follow the advice I've given you as to sending an SAR and also calling them after having read our customer services guide.

 

Let us know what information you manage to get.

 

Are you prepared to take a small claim in the County Court?

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Follow the customer services link.

 

A small claims in the county court is very easy and pretty cheap. If you win, you get your claim fee and hearing fee back.

 

What is the value of the charges?

 

We would help you all the way.

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FCA view, all lenders must abide by PRIN, especially Principle 6

 

Follow BF's advice

 

What we will do next

 

Given the evidence, this is a priority area to address.

As a small market with a few dominant players, we believe it is important that logbook lenders are quickly assessed, which is why we are requiring them to apply for full authorisation from 1 January 2015.

Logbook lenders that wish to continue providing logbook loans need to demonstrate how they meet our threshold conditions. These include conditions on suitability (including that a firm’s affairs are conducted in an appropriate manner regarding the interests of consumers) and on business models (including that the firm’s strategy for doing business is suitable for its regulated activities and that its business model is not exploitative of customers).

Firms that fail to meet our threshold conditions will be unable to satisfy the necessary authorisation standards and will not be allowed to continue trading in the market.

We will also respond to issues through our supervision and enforcement to ensure standards are maintained in the market.

We will take action where we find evidence of actual or potential consumer harm caused by firms not complying with legal requirements, our Principles for Businesses, or the conduct of business rules in our Consumer Credit sourcebook (CONC).

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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attachment unapproved due to name and address showing

 

please remove and repost

 

Yes, it looks as if the BOS has been correctly registered

PLEASE HELP US TO KEEP THIS SITE RUNNING

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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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  • 2 weeks later...

I now have a statement with over £600 of fees. my BOS (without personal info) and my credit agreement. Would someone knowledgable be able to take a look please? Statement shows 62 months as they extended agreement about halfway through as I couldn't afford to pay. They did this without being asked and haven't charged. Should now end in August 2015.

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