Jump to content


  • Tweets

  • Posts

    • How much of the documentation have you seen from when probate was obtained? And do you have a copy of the original will? I can't remember. My thought about you making the decision on your own to go with another lawyer is that three of you are meant to be beneficiaries of this will trust, aren't you? Normally you would need to act together. HB
    • Octopus allows you to pay by variable Direct Debit, so you pay only for what you use but still benefit from DD pricing. That's what I've done ever we were SOLRed over to them in July 2022.
    • Hi guys, I am about to file my defence via email as cannot log in to the claim anymore.  Can you please advise if I can paste below and if it's good to go for now, or should I add anything else in?  Thanks!  The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.  1.  The Defendant is the recorded keeper of vehicle xxxx xxx.  2.  It is denied that the Defendant entered into a contract with the Claimant - Parking Eye LTD.  3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.   4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.  5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.   6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • Getting onto the ladder: The first-time buyer conundrumView the full article
    • Ooops - one to many also s..... my draft reply should read as:  Thank you for your response Mr Schnur  I set out my position quite clearly in my letter of claim and nothing has changed. Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729).  My deadline for action - 1 May 2024 - still stands, and if P2G wish to avoid the addition of court costs and interest to my claim, you may wish to respond positively before that date.
  • 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
      • 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

M & S Chargecard / Credit Card PPI ***settlement £11k+***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2959 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

http://www.consumeractiongroup.co.uk/forum/showthread.php?372608-Sigma-SPV1-Ltd-court-claim-form-for-M-amp-S-store-credit-card***Discontinued**

My thread above shows my journey with M & S chargecard/credit card which is statute barred and also the claimants discontinued.

 

I believe I paid PPI on this : the amount being substantial (would need to retrieve SAR request documents statements in storage to be certain) . I think discussion was along the lines we would claim back PPI if it went to court... (have had a house move and family crisis since then)

 

What would be the situation if I tried to claim back PPI if paid on this given there is a discontinued claim?? I,ve just treated is as "don't go there..."

 

thanks : have had some successes with PPI previously (YB, EGG) with the help of this forum.

Link to post
Share on other sites

cant harm you

 

you do it.

 

you might get something back.

 

at the end of the day.

these PPI premiums were actually 'paid' by you

so I see no reason why they should not be refunded

as M&S do with many claims.

 

the fact that the debt is state barred, nor the fact that there is a discontinued claim by a fleecer

should make no diff to your outcome.

 

the major factor here is M&S has sold all its rights to the debt

so it should goto your pocket

 

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... 

Link to post
Share on other sites

retreived the documents :

 

 

have notice of assignment (sold to SIGMA) this was over £11k and some months paid £70+ in PPI.

 

 

Really interesting stuff in the SAR documents

ie log of powerdialling calling us on a daily basis etc.

 

 

Interesting that the application form from late 1980's asks to tick the box if you DON'T want the ppi

so probably bought it without realising at the time.

 

Spreadsheets to the ready!! Thanks

cant harm you

 

 

you do it.

 

 

you might get something back.

 

 

at the end of the day.

these PPI premiums were actually 'paid' by you

so I see no reason why they should not be refunded

as M&S do with many claims.

 

 

the fact that the debt is state barred, nor the fact that there is a discontinued claim by a fleecer

should make no diff to your outcome.

 

 

the major factor here is M&S has sold all its rights to the debt

so it should goto your pocket.

 

 

dx

Link to post
Share on other sites

aha well that tickbox thing will win the claim hands down.

 

 

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... 

Link to post
Share on other sites

as a side issue

 

 

would be useful to scan that up for reference for other M&S card claims.

 

 

follow the upload

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... 

Link to post
Share on other sites

I will do that (probably tomorrow) it was uploaded previously on my old M & S thread but can't find the thread now.... thanks as always for the help

 

as a side issue

 

 

would be useful to scan that up for reference for other M&S card claims.

 

 

follow the upload

Link to post
Share on other sites

THANKS : I have worked out using spreadsheets (same as my YB claim almost) and with the statements that I have from SAR request (Nov 2003 to June 2008) the total is £8k including the 8% simple interest. Had difficulty finding an APR as the statements are archive printouts from SAR request and doesn't show monthly interest or annual so I've had to use the last APR for purchasesI have from an actual statement (normally would work out an average so could be slightly inflated) The original chargecard was taken out in January 1989 . lets see (again)

cant harm you

 

you do it.

 

you might get something back.

 

at the end of the day.

these PPI premiums were actually 'paid' by you

so I see no reason why they should not be refunded

as M&S do with many claims.

 

the fact that the debt is state barred, nor the fact that there is a discontinued claim by a fleecer

should make no diff to your outcome.

 

the major factor here is M&S has sold all its rights to the debt

so it should goto your pocket

 

dx

Link to post
Share on other sites

hi again : there is a copy of the original Chargecard application at post #112 on thread http://www.consumeractiongroup.co.uk/forum/showthread.php?372608-Sigma-SPV1-Ltd-court-claim-form-for-M-amp-S-store-credit-card***Discontinued**/page6 you can just see the box in top right corner asking to tick if Chargecard Protection NOT required. I hope this helps

as a side issue

 

 

would be useful to scan that up for reference for other M&S card claims.

 

 

follow the upload

Edited by cleo4patra
spelling
Link to post
Share on other sites

cant view that its blurred

have you still got the docs?

 

 

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... 

Link to post
Share on other sites

can you follow the upload

and pop them back up

those scans are useless

 

 

to pdf please

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... 

Link to post
Share on other sites

i'll try but my scanners not working : will have to be a photo.

 

incidentally is the tick box issue the main point of claim?

 

kind regards

can you follow the upload

and pop them back up

those scans are useless

 

 

to pdf please

Link to post
Share on other sites

hopefully this is it : the copy is not clear to start with and it has some marks from when they've written/stamped on it but you can just make out the box on the top right "Payment Protection. Premium rate 64p per £100 of the outstanding balance : See over for condition 8 . Tick box if you do NOT require Chargecard protection."

CCA PPI.pdf

Edited by cleo4patra
addition
Link to post
Share on other sites

yep perfect box not ticked

PPI by default

 

 

and the rest filled in by someone else

 

 

'sign here please sir'

 

 

 

 

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... 

Link to post
Share on other sites

thanks : we filled this in in the store when approached by staff member : very busy and we had two small children with us. No privacy/explanations etc

yep perfect box not ticked

PPI by default

 

 

and the rest filled in by someone else

 

 

'sign here please sir'

 

 

 

 

dx

Link to post
Share on other sites

button-holed. simply for the PPI commission gained by the bod selling it to you

 

 

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... 

Link to post
Share on other sites

you can see from my other M & S thread we had a lot of grief with this.

 

 

I just need to ask this was originally a Chargecard subsequently changed to a Credit Card (hence court claim discontinued)

 

 

I only have account number/details for the credit card but the chargecard goes way back to 1989.

 

 

I can't find the original account number .

 

 

My claim is ready to submit apart from this account number query.

 

 

Is it best I write chargecard / and then the new account number? many thanks

 

 

button-holed. simply for the PPI commission gained by the bod selling it to you

 

 

dx

Link to post
Share on other sites

shouldn't matter.

 

 

they know full well what happened to their cards.

 

 

just make sure you get you data right.

 

 

and theres no harm in popping say scans of all the statements you have on a CD or DVD in PDF format.

 

 

I've done 2 M&S cards for locals to me

one went through no issues as it only ran from the CC era

 

 

but the other was a converted chargecard, and M&S stated time and again they had no data from the era.

 

 

so I sent them every statement

[which came from them some 18mts pervious via an sar!!..checeky beggars!! denied they now had the data as outside of retention period etc etc ]

 

 

they then tried to claim that my interest calcs were wrong,

claiming the credit card period fwd was the int rate to apply]

whereby to be truthful

when it was a charge card, the int was some 38.6%

 

 

they coughed in the end, lost about £250 from spread that was all

 

 

the card I think was from 1994

 

 

I might still have data on what I did/sent but that will be in an old backup somewhere

on my remote server, and being in Scotland, I bet that's rather water logged !!

 

 

see how yo go

 

 

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... 

Link to post
Share on other sites

I've done the best I can using the statements from the SAR which only covers the chargecard period and using the last APR interest rate I have which is 23.95% so I reckon would be a good average over the long time period. We can only see what happens here.... as always I appreciate your input

Link to post
Share on other sites

just thinking (and it's hard work!!) my SAR is from March 2009 when I was being chased for alleged debt. Is it worth me sending another SAR... might have more info/not as the case may be or could just be the same 5 and a bit years they sent me then. Hasn't there been some rule change about record retention and microfiche etc...? thanks again

Link to post
Share on other sites

no but there no harm in specifically asking for statements for that chargecard period

even if they might be in an archive

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... 

Link to post
Share on other sites

no harm at all - totally up to you.

 

 

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... 

Link to post
Share on other sites

  • 2 weeks later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...