Jump to content


  • Tweets

  • Posts

    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 160 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
  • Recommended Topics

SD from BW-Disputed-SB Debt-SET A SIDE-Now Claimform


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2911 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

Yes, it would appear so but I was willing to pay for it if they had carried out the instructions from the FOS, especially with regard to the amended agreement.

I have no idea what happened to the account during 2007 default date and the 2010 defaulted balloon payment, I thought perhaps they had closed it because they couldn't amend the agreement but I am not sure about that.

So just to confirm I didn't receive any default notice in 2010, if I had this would still be on my credit file?(I have no defaults on my file, just checked today) BTW the balloon payment is SB in May 2016.

I have lived at the same address since 2003. Yes I will definitely send off for an SAR, wish I had done this sooner as you advised but with one thing and another :(

Link to post
Share on other sites

  • Replies 82
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Yes, it would appear so but I was willing to pay for it if they had carried out the instructions from the FOS, especially with regard to the amended agreement.

I have no idea what happened to the account during 2007 default date and the 2010 defaulted balloon payment, I thought perhaps they had closed it because they couldn't amend the agreement but I am not sure about that.

So just to confirm I didn't receive any default notice in 2010, if I had this would still be on my credit file?(I have no defaults on my file, just checked today) BTW the balloon payment is SB in May 2016.

I have lived at the same address since 2003. Yes I will definitely send off for an SAR, wish I had done this sooner as you advised but with one thing and another :(

 

Have you sent a CPR letter to Lowells Solicitors asking for copies of all documents stated in their claim ?

 

If they are referring to a default notice issued in 2010, they need to provide evidence of this.

 

Hopefully the SAR to the Bank will reveal what happened.

 

I wonder whether you have a history feature on the credit records to see if the Bank did delete the original default, as the FOS requested. I would have thought that the Bank would have had to write to you following the FOS decision to confirm the status of the loan, so you could maintain good financial conduct. If the Bank never cancelled the original default and never confirmed this, you would have had reasonable belief that the original default still existed, as you had nothing from the Bank to say otherwise. The balloon payment is part of the loan agreement and is affected by the previous conduct of the loan. If the loan was not being paid and payment was not requested by the Bank, as you believed the loan was already in default, then you would not expect further default in relation to a balloon payment.

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 OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

That does make sense, ah great idea re the credit file history! I will search around for more info about this.

I totally agree about the contact bit, as the professional they should have maintained some kind of contact. Now I think back the FOS did mention on more than one occasion that he also had problems hearing back from them.

 

I checked the court bundle that the DCA submitted for the Bankrupt hearing last year (its like war and peace, even the judge commented on its ridiculous volume) and yes they enclosed a default notice (I never received this, first time I saw it was in the court bundle) On closer inspection it looks odd compared to the one I received from the bank, its not dated for a start, nor signed and doesn't contain the same amount of information as the original. I'm thinking its fake, especially as it is not recorded on my credit file. They also included a Repossession notice, (again I never received this and the first time I'd seen it was in the court bundle) Needless to say no one came for the car so presuming this is a fake letter as well.

 

Yes that also makes sense re the Default Notice, I did ask the judge if the (2007) notice covered the balloon payment but he said no it did not. I'm confused about that because I thought only 1 default could be given per agreement.

Link to post
Share on other sites

That does make sense, ah great idea re the credit file history! I will search around for more info about this.

I totally agree about the contact bit, as the professional they should have maintained some kind of contact. Now I think back the FOS did mention on more than one occasion that he also had problems hearing back from them.

 

I checked the court bundle that the DCA submitted for the Bankrupt hearing last year (its like war and peace, even the judge commented on its ridiculous volume) and yes they enclosed a default notice (I never received this, first time I saw it was in the court bundle) On closer inspection it looks odd compared to the one I received from the bank, its not dated for a start, nor signed and doesn't contain the same amount of information as the original. I'm thinking its fake, especially as it is not recorded on my credit file. They also included a Repossession notice, (again I never received this and the first time I'd seen it was in the court bundle) Needless to say no one came for the car so presuming this is a fake letter as well.

 

Yes that also makes sense re the Default Notice, I did ask the judge if the (2007) notice covered the balloon payment but he said no it did not. I'm confused about that because I thought only 1 default could be given per agreement.

 

The default notice in the bundle was from when ?

 

The default notice must be a true copy of what the Bank issued.

 

What does it include ? Does it include a sum in relation to previous default that was never paid ?

 

Get the SAR off to the Bank urgently by recorded delivery, marked urgent.

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 OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

PlumeDove can we have details of the new claim (N1)....upload a copy or type out the particulars (verbatim) and date of issue.Claimants name and solicitors acting etc

 

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

Link to post
Share on other sites

The default notice in the bundle was from when ?

 

The default notice must be a true copy of what the Bank issued.

 

What does it include ? Does it include a sum in relation to previous default that was never paid ?

 

Get the SAR off to the Bank urgently by recorded delivery, marked urgent.

 

The bundle was from the first hearing last July 2015 (SD for Bankruptsy) The 'Default' in their bundle is from 'Lex Autolease' and demands £7.88292. It gives me 14th July 2010 to pay or they will take action. Not sure if relevant but the figure doesn't include the balloon payment which is an additional £1,713.00. Sorry trying to upload a copy of it but I am having problems, will keep trying. Doing the SAR this afternoon and will post recorded tomorrow.

Link to post
Share on other sites

PlumeDove can we have details of the new claim (N1)....upload a copy or type out the particulars (verbatim) and date of issue.Claimants name and solicitors acting etc

 

Regards

 

Andy

 

I'm having problems uploading a scan but have written out as verbatim:

 

Issue Date 10th Sept 2015

''The Claimant’s Claim is for the sum of £7,882.92 being monies due from the Defendant to the Claimant under a Regulated agreement between the Defendant and Freeway Ltd under account ref xxxxxxxxxxxxxxx and assigned to the claimant on 11/08/2014 notice of which has been given to the Defendant. Invoices have been raised to the Defendant for payment and the Defendant has failed to make payment in accordance with the terms of the agreement. Pursuant to clause 4 (d) of the agreement the claimant claims contractual interest at a rate of 5.50% per annum from the date of assignment of the agreement to 08-Sept-2015 being an amount of £2,313.36 and continuing at a daily rate of 1.19 until judgement or earlier payment. In addition the claimant claims costs''

 

Amount claimed £10.196.28

Court fee £458.83

Legal representative cost £100

Total amount £10.755.11

 

Again this figure doesn't include the balloon payment which is an additional £1,713.00.

Link to post
Share on other sites

"Issue Date 10th Sept 2015 " :???:

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

The bundle was from the first hearing last July 2015 (SD for Bankruptsy) The 'Default' in their bundle is from 'Lex Autolease' and demands £7.88292. It gives me 14th July 2010 to pay or they will take action. Not sure if relevant but the figure doesn't include the balloon payment which is an additional £1,713.00. Sorry trying to upload a copy of it but I am having problems, will keep trying. Doing the SAR this afternoon and will post recorded tomorrow.

 

I think it might help if you uploaded the default notices from 2007 and 2010.

 

The SAR needs go to the Head of Compliance and Data Protection officer at Lex Autolease who are part of Lloyds Banking group. It would be interesting to see a complete set of their computer data, as to when your loan record was accessed and what they did. Plus what documents they have copies of.

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 OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

I think it might help if you uploaded the default notices from 2007 and 2010.

 

The SAR needs go to the Head of Compliance and Data Protection officer at Lex Autolease who are part of Lloyds Banking group. It would be interesting to see a complete set of their computer data, as to when your loan record was accessed and what they did. Plus what documents they have copies of.

 

Thank you, I will try to get those uploaded. Just to add, the first Default Notice (2007) is from Bank of Scotland, I thinking I should send an SAR to them as well.

Link to post
Share on other sites

Thank you, I will try to get those uploaded. Just to add, the first Default Notice (2007) is from Bank of Scotland, I thinking I should send an SAR to them as well.

 

Bank of Scotland is now Lex Autolease ? Basically from what i understand, Bank of Scotland were part of HBOS and they are now part of Lloyds Banking group. Lex Autolease appear to deal with the old BOS finance, so should have all the records.

 

Does this sound right ?

 

You could phone Lex to check that they have taken over all record keeping for BOS loans taken out in 2006.

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 OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

"Issue Date 10th Sept 2015 " :???:

 

That's correct, its on the new claim form (CCJ) and the hearing is at the end of this month. Did you also want the particulars of the SD (Bankruptsy) they issued in June 2015? The hearing for that was July 2015.

Link to post
Share on other sites

Bank of Scotland is now Lex Autolease ? Basically from what i understand, Bank of Scotland were part of HBOS and they are now part of Lloyds Banking group. Lex Autolease appear to deal with the old BOS finance, so should have all the records.

 

Does this sound right ?

 

You could phone Lex to check that they have taken over all record keeping for BOS loans taken out in 2006.

 

Ah thank you, I wasn't aware of that, really appreciate the help with this!

Link to post
Share on other sites

Im failing to understand why its dated Sept 15...is that when you received it ?

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

Hi Andy, That's correct

 

I think the question is asking what has happened since then, with you only coming to CAG a month before a court hearing ?

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 OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

  • 3 weeks later...

Just to update…The court hearing was today and has been adjourned because the Claimant presented a document during the hearing referring to a case ‘BMW v Hart’. I informed the judge I had not seen / read the document until 10 minutes before going into the hearing. (Turns out their solicitor submitted it last minute and without the knowledge of the DCA)

 

I am not familiar with this case so the judge allowed the adjournment (the next hearing could be a few months away) to give me time to read the paperwork. I’m hoping I can find a reason why it doesn’t apply to my case but wonder if anyone is familiar with this case? thank you in advance for any help :)

Link to post
Share on other sites

This judgment has raised it's ugly head before, I will try and find someone who can advise further.

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

Link to post
Share on other sites

Just to update…The court hearing was today and has been adjourned because the Claimant presented a document during the hearing referring to a case ‘BMW v Hart’. I informed the judge I had not seen / read the document until 10 minutes before going into the hearing. (Turns out their solicitor submitted it last minute and without the knowledge of the DCA)

 

I am not familiar with this case so the judge allowed the adjournment (the next hearing could be a few months away) to give me time to read the paperwork. I’m hoping I can find a reason why it doesn’t apply to my case but wonder if anyone is familiar with this case? thank you in advance for any help :)

 

Thank you!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...