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    • Hi DX,   didnt realise defaults cannot hurt renting... I just assumed it did also in fairness. 
    • Which Court have you received the claim from ? Civil national business centre, Northampton       If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? PRA group uk portfolios ltd   How many defendant's  joint or self ? self   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 14 june 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. The claimant claims the sum of £6823 for an outstanding debt owed. On 29/8/2013 the defendant entered into an agreement with Barclays Bank UK for a credt card under ref *********. On 22/3/21 the defendant defaulted the agreement with an outstanding balance of £7074. On 26/7.22 the debt of £6937 was assigned to PRA Group lts who itself assigned the debt to PRA group UK portfolios ltd on 30/12/23. Notices of assignement were sent to the defendant in accordance with S136 Law and Propert act 1925. The claimant has instructed PRA group UK ltd to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. Payments of £103 were recieved up to 5/12/23 and adjustments have been applied in the sum of £10, and the claimant claims 1. The sum of £6823.88   What is the total value of the claim? £7378.88   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card   When did you enter into the original agreement before or after April 2007 ? after   Do you recall how you entered into the agreement...On line /In branch/By post ? don't recall, likely online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. assigned to purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? yes   Did you receive a Default Notice from the original creditor? don't recall   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? yes   Why did you cease payments? account was marked unenforcable by PRA due to lack of cca   What was the date of your last payment? december 23   Was there a dispute with the original creditor that remains unresolved? no   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes  
    • Also, what was the cost of the job which you carried out and what was the likely value of the repairs required by the snagging list
    • Thanks for your reply. After you didn't respond to the the paploc, what was their next step? Did they resend the paploc? I feel it's like others have suggested, it's a 'fish' to get someone to respond. Ref the email, I don't think I've ever had one, even when J and P took over with the first round of comms, then I received two within in a few days (both with same info) and a few days later, the J and P paploc. Any guesses what they're thinking changing between J and P to IDR and vice versa?
    • Please explain what you mean when you say that he hadn't followed pre-action protocols. How much of the original spec that you worked to do you have in writing.  Do you have photos? What other written evidence do you have?    
  • 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
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DPG -- insisting full payment of fees


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Hi,

 

Please can you advise? In March I had a couple of in depth conversations with a programme advisor for DPG - a company that offers training in HR. In these convos I covered much territory including what if I don't pass (they claim you won't or your money back), what if I lose my job and can't pay etc (they allow for mitigating circumstances).

 

One of my questions was 'what if I just decided to drop out because it wasn't for me/wasn't convenient at that point? Is it that you lose whatever money you've paid?' and I was told that is indeed the case. As a result of these calls I signed up for a 10 month course costing £4200 and I paid a deposit of almost £800. In return they sent me a mini iPad as a welcome gift. They provide no other materials other than access to the online training content.

 

Within days I had my life ripped apart. My fiancee, the love of my life, ran off with my best mate and I am in pieces. I've suffered insomnia, weight loss, violent outbursts,spontaneous bursting into tears, paranoia and truly feel I am losing my mind. Seriously, I am on the verge of cracking up.

 

I tried to struggle on, bury my head in the course to distract myself but it was no good. After just 4 hours use of the training programme I called to say I was leaving. The person on the phone asked for details and I broke down in tears on the phone as I told the whole story. To my surprise she said that as the 14 day cool off window has passed that I am liable for the full fee of the course. This is when I was expecting a sizeable refund of the £800 already paid!

 

At no point in my conversations with programme advisor who answered all my questions - who also took my payment - was there any mention of the 14 day cooling off period which I would like to think would be required as they are effectively distance sellers and their product was purchased over the phone.

 

She said mitigating circumstances may result in a 'partial decrease' and would speak to her boss. I told her that she's had £800 for just 3 weeks access to learning material and just 4 hours was used and that £800 is more than enough. I also said that charging the full fee is scandalous and immoral - not the way a HR-orientated company should operate. As they are a business I made the financial argument that they can keep the £800 as it will be a huge profit margin for them.

 

I was asked to put everything in an email so I did. The programme director replied, ingratiatingly sounding caring and concerned yet and offered the option to defer for the - get this - 'admin fee' of £495 or that I can leave altogether, at which point there is nothing he can do and the full fees must be paid in order to be "consistent and fair as a business". Annoyingly he then said that he can waive all fees if I provide medical documentation stating I cannot continue with the course - which means he can waive the fees if he so wishes! My life is in tatters! My social circle is gone as many knew what was going on behind my back and my so-called mate works in HR which means I have no desire to go that route anymore.

 

I pointed out that I feel trapped and cornered at a time I am most vulnerable (and about to go off work with stress) and that the only options he is leaving me with is to deteriorate further to the point where medical intervention is required (which is sadistic) . Pre-course they mentioned mitigating circumstances - isn't what I'm going through 'mitigating'?

 

He replied saying he understands and doesn't want to add to my stress (ha!) but that he wants to help me (really?) and be fair as a business (by charging £3500 for services not yet rendered).

 

 

Please help! This cannot be legal, surely? Companies are prevented from applying excessive parking charges because the amount demanded is disproportionate to the loss to their business. What is fair and reasonable about anything they are doing? What is fair and reasonable about basically saying "I can waive the fees if I want to.........but I'm not going to"?

Edited by Andyorch
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Here are his emails:

 

ONE

 

Thank you for the explanation below, I understand how difficult things must be for you at the moment and really appreciate your honesty.

 

There are a few options available:

· Defer the programme to Autumn 16 or Spring 17

(If you change location we could be flexible with this and alter your programme location)

 

· Withdraw from the programme (This might be hasty given your obvious desire to complete the qualification)

 

In regards to your situation, has this resulted in a medical condition?

If you could provide medical evidence from a doctor stating that you aren’t a position to complete the programme,

I would be happy to potentially waive the outstanding fees dependant on the option you choose.

 

As you say we are a business and need to follow our policies and procedures

to protect our interests but given the situation I would like to make a few suggestions.

 

 

If you were to defer for 6 months or even a year, the standard deferral fee would be £495+vat.

With medical evidence as stated above I would be happy to waive this fee and the money already spent

would be in credit on your account awaiting your return should you be able to in the future.

The outstanding fee for the programme would also be deferred and only payable when you return to study.

 

Would this be something of interest?

 

If not and you feel you can’t continue with the programme at all then we can withdraw you and I will be happy to waive the outstanding fee should the medical evidence be provided.

 

I would take your time and have a think about this as the HR qualification is obviously important to you and could still be completed further down the line when hopefully things are a bit easier for you.

 

 

TWO

 

I understand and appreciate what you are saying and have no desire at all to add to an already difficult time for you, but as an approved CIPD centre DPG has to implement fair processes for all learners, this covers keeping to a set procedure for dealing with each request for withdrawal.

 

Our withdrawal process is to request information/details on the reason for this (which you have done),

and then request proof/evidence to support the circumstances.

 

 

Without evidence I cannot waive a deferral fee or waive outstanding fees after a withdrawal.

This process is consistent for all of our participants on all of our programmes.

We review each situation individually and confidentially, but evidence in support is a pre-requisite in every case of mitigation we receive.

 

If you can provide the medical evidence (or maybe evidence of this affecting your working life) showing that there is proven reasoning why you cannot complete the programme,

then I will be happy to look at waiving the outstanding fees as this is obviously a very difficult time for you.

 

 

However, without this supporting evidence I would not be adhering to DPG CIPD agreed policy in waiving the fees in this situation.

 

I understand that this situation is adding to your stress but I hope that you can see that I am trying to help you here and keep to our requirement to remain consistent and fair as a business.

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Is what they're doing legal? Surely you can't legal just because they have it in their terms & conditions? if that was the case then parking companies would still be able to charge hundreds and hundreds for clamped vehicles etc.

 

I don't see how they can charge full amount when I dropped out after just a couple of weeks of a 10 month course.

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I found this at https://

 

 

www.gov.uk/online-and-distance-selling-for-businesses/overview

 

 

Before an order is placed

 

All distance sellers must follow certain rules before and after an order is placed.

You must display information such as:

 

  • your business name and contact details
  • a description of your goods or services
  • the price, including all taxes
  • how a customer can pay
  • delivery arrangements, costs and how long goods will take to arrive
  • the minimum length of their contract
  • conditions for terminating contracts
  • information about the customer’s right to cancel within 14 days

At no point was I informed of my 14 day cool-off period.

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