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    • a time order or time to pay form you should already have in the pack is admittance of the debt it is not avoidance of it   form-o3---notice-to-be-served-on-defender-in-ordinary-action-where-time-to-pay-direction-may-be-applied-for-actions-lodged-on-or-after-4-april-2011.doc (live.com)
    • What happens now is that the central court will send both you and the fleecers a simple form called a Directions Questionnaire, and then allocate the case to your local court in the small claims track.   Read some threads with "claimform" in the title and you'll soon get the hang of the legal process.  In fact it's essential that you gen up.    
    • Back in September my husband was at home with our 2 year old son and 5 months old puppy when suddenly a DPD driver walked into our property.  We live on a main road and the front door was wide open while he tried to take a picture of the goods inside.  My husband was shocked and furious which is understandable as open doors, main roads, puppies and toddlers don’t mix.  At the time we had a man in servicing the boiler so the front door was not locked.   My husband shouted at the guy to get out and the rude driver persisted with his attempted to picture  the package in the hallway even calling my husband “white boy” and telling him to shut up.  My husband ushered him out of the house and shut the door.  He immediately called the local DPD depot and raised a complaint to be told that someone would call him back.  This call never came.  We did not pursue this as no harm had to come anyone and DPD were obviously not interested.   Fast forward a few months and I was expecting a coin from the Royal Mint for the value of around £750.  The tracking on the delivery of this stated that coin had been delivered, then it said it had been delivered to number 2 (we are number 18).  Calling over and over again I was never supported by DPD as to where my package was.  The Royal Mint was informed it was delivered and I was invoiced £750 for the coin.  Try as I might to have this invoice removed from my name they would not budge as DPD said it was delivered.  It nearly got to court proceedings before the coin eventually landed back at the Royal Mint.  After that debacle I was frustrated, rejected another coin being sent and left it at that.   Again we move forward a few months and I am now expecting some gardening tools to be delivered that ordered from Amazon.  I had no details of the delivery but then I get an email from the seller advising me the items are on their way to them and I will get a refund.  I check the tracking information and once again DPD have returned the items. I thought this was odd but calling through to DPD offered no input as to why and they just told me to order them again.   A week later I take out a new contract with Sky for a mobile phone and on the morning I am due to get the delivery from DPD the goods are sent straight back to sky.  I was so puzzled at this point so I call DPD and ask them why. They inform me that there is no name on the parcel and due to the value of the goods there has to be a name.  I literally spend all day on the phone to sky speaking to various departments trying to get a new phone but they all inform me that I have to have a new order which means a new credit check.   I hate this idea because one credit check knocks your score by hundreds of points and takes months to build back up.  In the end they say they can send a new phone and to my relief they dispatch that night.   The next morning I wake to a message to say the phone had been shipped but was rejected by DPD and sent back to Sky.  I called DPD and was told they can’t tell me why and I must speak to sky.  I speak to sky and they tell me I have to speak to DPD.  My frustration is working overtime at this point and I have nowhere to go.   I remember I have a contact through work of someone at DPD who was trying to get my company to use DPD’s services.  She was incredibly helpful and confirms that my property has been blacklisted because the driver feels unsafe!!!  He feels unsafe!!!  He was the one who entered my home yet he feels unsafe???  My contact passes on my details to the exec helpdesk who proceeds to tell me that they are very sorry that all of this happened, they have retrained the driver however they will not remove the ban on deliveries to my property.  I ask why I cannot collect from a local drop box or shop but am informed they do not offer this service (although this is a service they promote as it saves the environment).  They say my complaint was called back but we didn’t answer however this is not correct as no call was ever received.    To make matters comical is that the same driver deliveries to my husbands place of work and he collects/delivers regularly.  He doesn’t even recognise him let alone feel threatened by him.  The exec helpdesk have said sorry for their lack of transparency on the blacklist of the address and for the bogus reasons for rejecting my parcels.  They have said sorry for not following up the call more than once and they have said sorry that delivering to drop boxes and shops is not something which they do.   They seem to be very sorry for a lot of things but it does not help me fix this issue and it impacts any further online shopping as I must now always establish who the courier is before placing orders….which is quite a difficult thing to do!   Where do I stand with this because I still don’t know what the driver is even saying happened as nobody will divulge this.  They seems to have closed ranks and are taking the drivers word as gospel over the version of events which we are not able to defend.   The lies they have told so far to me and their customers (Amazon, Royal Mint, Sky) about the bogus return reasons shows they are not a truthful company. Back in September my husband was at home with our 2 year old son and 5 months old puppy when suddenly a DPD driver walked into our property.  We live on a main road and the front door was wide open while he tried to take a picture of the goods inside.  My husband was shocked and furious which is understandable as open doors, main roads, puppies and toddlers don’t mix.  At the time we had a man in servicing the boiler so the front door was not locked.   My husband shouted at the guy to get out and the rude driver persisted with his attempted to picture  the package in the hallway even calling my husband “white boy” and telling him to shut up.  My husband ushered him out of the house and shut the door.  He immediately called the local DPD depot and raised a complaint to be told that someone would call him back.  This call never came.  We did not pursue this as no harm had to come anyone and DPD were obviously not interested.   Fast forward a few months and I was expecting a coin from the Royal Mint for the value of around £750.  The tracking on the delivery of this stated that coin had been delivered, then it said it had been delivered to number 2 (we are number 18).  Calling over and over again I was never supported by DPD as to where my package was.  The Royal Mint was informed it was delivered and I was invoiced £750 for the coin.  Try as I might to have this invoice removed from my name they would not budge as DPD said it was delivered.  It nearly got to court proceedings before the coin eventually landed back at the Royal Mint.  After that debacle I was frustrated, rejected another coin being sent and left it at that.   Again we move forward a few months and I am now expecting some gardening tools to be delivered that ordered from Amazon.  I had no details of the delivery but then I get an email from the seller advising me the items are on their way to them and I will get a refund.  I check the tracking information and once again DPD have returned the items. I thought this was odd but calling through to DPD offered no input as to why and they just told me to order them again.   A week later I take out a new contract with Sky for a mobile phone and on the morning I am due to get the delivery from DPD the goods are sent straight back to sky.  I was so puzzled at this point so I call DPD and ask them why. They inform me that there is no name on the parcel and due to the value of the goods there has to be a name.  I literally spend all day on the phone to sky speaking to various departments trying to get a new phone but they all inform me that I have to have a new order which means a new credit check.   I hate this idea because one credit check knocks your score by hundreds of points and takes months to build back up.  In the end they say they can send a new phone and to my relief they dispatch that night.   The next morning I wake to a message to say the phone had been shipped but was rejected by DPD and sent back to Sky.  I called DPD and was told they can’t tell me why and I must speak to sky.  I speak to sky and they tell me I have to speak to DPD.  My frustration is working overtime at this point and I have nowhere to go.   I remember I have a contact through work of someone at DPD who was trying to get my company to use DPD’s services.  She was incredibly helpful and confirms that my property has been blacklisted because the driver feels unsafe!!!  He feels unsafe!!!  He was the one who entered my home yet he feels unsafe???  My contact passes on my details to the exec helpdesk who proceeds to tell me that they are very sorry that all of this happened, they have retrained the driver however they will not remove the ban on deliveries to my property.  I ask why I cannot collect from a local drop box or shop but am informed they do not offer this service (although this is a service they promote as it saves the environment).  They say my complaint was called back but we didn’t answer however this is not correct as no call was ever received.    To make matters comical is that the same driver deliveries to my husbands place of work and he collects/delivers regularly.  He doesn’t even recognise him let alone feel threatened by him.  The exec helpdesk have said sorry for their lack of transparency on the blacklist of the address and for the bogus reasons for rejecting my parcels.  They have said sorry for not following up the call more than once and they have said sorry that delivering to drop boxes and shops is not something which they do.   They seem to be very sorry for a lot of things but it does not help me fix this issue and it impacts any further online shopping as I must now always establish who the courier is before placing orders….which is quite a difficult thing to do!   Where do I stand with this because I still don’t know what the driver is even saying happened as nobody will divulge this.  They seems to have closed ranks and are taking the drivers word as gospel over the version of events which we are not able to defend.   The lies they have told so far to me and their customers (Amazon, Royal Mint, Sky) about the bogus return reasons shows they are not a truthful company.   How are they able to blacklist and not tell anybody and lie to everyone involved as to why.   If anyone else needs to complain to DPD use the following email address: [email protected] 
    • Given they have presumably done this work for other properties, hopefully your complaint will now make them take you seriously and put you at the head of the queue.   If that fails and you do have to threaten or take legal action, given what you have - paper trail, promises by them to do the work at various dates, acceptance by them of their responsibility - I think you're in a great position.  You've gone the right way about this.   Let's do this.  Wait till Thursday.  Then come back here and if you've had no joy we can think about a Letter of Claim.  Legally there are various timescales which may or may not include giving them a final chance to complete the work before you do it yourself and sue them - I'm afraid I only have the vaguest knowledge of these but on Thursday we can "call in" Caggers who have years of experience with problems like yours.    Very good idea of yours to get quotes for how much it will cost to do the work.
    • Update of this Court Case  Good afternoon   I can confirm that the initial breach occurred on 28 October 2016, as outlined in the attached Witness Statement.   I have also attached all of the Witness Statements issued in relation to your case.   It is our position that your defence does not raise any grounds with reasonable prospect of successfully defending the Claim and there is no good reason why the matter should be disposed of at trial. As such we would be prepared to offer you an arrangement under a Tomlin Order for repayment of the outstanding balance at an affordable amount.   If you would like us to draft a Tomlin Order, please confirm your offer of repayment by return.     ****The court case is scheduled for July*** this does not seem correct in terms of dates to me with regards to initial breach?    I  have not signed any paperwork received a default and they have conceded they did not contact me for two years after the sale. Should I send them a CPR request now?    The court costs they have now added for themselves are over £1.5k and the original debt they say was £2.3K.     
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Finance U aka Corner Park Garage - claim form***Claim Dismissed***


RCT40
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This was dismised due to the Bill of Sale issue

 

Can the Claimant instigate another claim??

 

Now CPR 38.7 Prohibits a new claim on the same particulars but a second bite at the apple without the Bill of Sale and simply on the Consumer Credit Act??

 

And finally if the Car was repo on a dodgy Bill of Sale, can a debtor then sue Finance U or the creditor for breach of contract with an unlawful repo??

 

Thanks for the questions and observations.

 

Unless the claimant tries it on again, I'm not going to push this one any further. This has dragged on since January 2013, caused me a lot of stress for a longtime and I'm pretty weary with it all.

 

Whilst the Bill of Sale was ineffective not being registered on time, this is becuase the claimant tampered with the dates of the agreement, we signed on 31/3/2012, but the agreements were changed to be 6th April 2012. We also didn't get any copies of the agreements until October 2013 despite three letter informing that we've never received any agreements since signing them. I'm fairly convinced at this stage after watching the judge wipe the floor with him in this area that he won't be brining this one back - however stranger things have happened I suppose, and I'll cross that bridge if and when I come to it.

 

It did take him three years to issue this claim.

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Although it's been mega stressful, especially coming up with firm proof dates were changed, which resulted in an information request to DVLA for acquisition date of the vehicle and road tax information to prove dates were changed,

 

I would say to anyone fighting these people,

don't ever roll over,

 

give them enough rope they'll hang themselves

- this guy is in his 70s, doesn't use solicitors LiP and doesn't appear to have a clue what he's going on about

- says the first thing that comes into his head,

 

 

like he gave me a BMW to drive away a week before I signed an agreement to finance it

- as if that would happen lol.

 

 

They also forget the documents given to you under SAR for example, and issue changed ones to suit their situation.

 

 

This happened here

I was given some diary notes under SAR last year,

and after a heated discussion in the waiting area at the prelim

he issued an updated version to suit

- but that fell to bits when I added to my evidence the notes that I held because these new entries would have also existed on my copy.

 

I'd be happy to chat with anyone in similar situations with these people and provide any assistance from my experiences.

 

Also to anyone having trouble getting credit,

this is similar to doing a deal with the devil and should be avoided at all costs

- public transport would be a less stressful option than having a car from this lot.

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Well done RCT

 

Never thought the counter claim would

be a runner due to the issues surrounding

handing the car back

 

Would def send full report to the FCA

 

May be worth considering formal complaint

regarding loss of use of the car

You never know the FOS may agree

costs nothing

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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  • 2 weeks later...

I wonder if I could get some advice please,

 

after the court hearing,

I applied via Equifax to have the Finance U entry removed from my credit file.

 

Equifax contacted Finance U who have refused to remove the entry from my credit file,

 

is there anyway of making them remove it?

 

Thanks for any help!

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Thanks, There is no default recorded on my credit file, as in there was never a default notice sent to me, and not recorded on my file.

 

The account balance is wrong,

the monthly payment is wrong,

and it racks up another missed payment every month.

 

 

If everything had turned out as it should the account would have ended this time last year.

So does this mean it can just tick on forever?

 

He was told in court that the entries were to be removed, but that's not on the judgement document I recieived.

 

I guess you only avenue is to make a complaint to ICO.

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can you get a transcript?

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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can you get a transcript?

 

I had thought about that dx, but after sending Finance U an email threatening a complaint to ICO and FCA - Equifax have confirmed that the information has been deleted from my credit file today - happy days! :-D

 

Seems that what you need to do is be a bully bully.

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sadly sometimes its the only way..

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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sadly sometimes its the only way..

 

I don't think you have a choice with Finance U - this guys relies on you giving in - if you fight he goes to pieces in my recent experience.

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