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    • Let me start by saying I feel tremendous regret, shame and remorse. I have some debt and personal life has fallen apart over the last year which has caused me to be careless. Doesn’t make it okay I know. In a positive way, i will never take anything in life for granted ever again. I want to volunteer and go back to being a good person. I need some advice/reassurance on the below so I can move on better from this experience. A few days ago I was caught at sainsburys, I paid for part of the food (about £5) and didn’t pay for the other (about £8-10) at self checkout. when I got to the exit someone in plain clothes asked to see my receipt and bag and that they worked for mitie. I told him the receipt was in the store bin (true) and he said he followed me round and knows I didn’t pay for all of it. he very sternly but calmly said he just needs my name then I can leave with the shopping. I said i am in a bad day and can’t do this and was on the verge of breaking down. So I handed him the shopping and slowly walked out. No name given (I read elsewhere this is good and makes it unlikely to develop) and I have no way knowing if police contacted. I overthink a lot and I wonder if they can track me via debit card or nectar card on the transaction. I also wonder if they saw me do it last month and have been waiting for me. I know someone who works at their head office and terrified somehow it will get back. I’m also terrified of being recognised in the street.    I don’t know what’s going to happen. I see a lot in the news today about shoplifting 
    • Hi, I’ve just spotted an Arrangement to Pay marker (TransUnion) on my Barclays Mortgage account for 1 month in March 2022. I’ve spoken to Barclays Customer Service and Complaints about this and they’ve given me some background but have closed my complaint: Direct Debit for mortgage bounced in February and I didn’t notice this at the time. Realised there were arrears in March and called customer service straight away. Offered to pay half the arrears on the call with the other half of the arrears the following month. I prob suggested or accepted this as had done that many years previously when I was a poor student with no adverse consequences. Paid in accordance with this. Barclays call notes report they informed me credit reference agencies would be notified and I indicated I understood. However, complaints team couldn’t access the call because it was too old. They advised I could request a transcript through GDPR and complain via ombudsman if still unhappy - I’ll process the GDPR request this week. Whilst it may be factual that I entered into some kind of arrangement regarding the arrears, it wasn’t clear to me that they would be treating it and reporting it as a formal payment plan along with the potential consequences of this. At no point did I agree to or request to “reducing my contractual payments” - I paid my contractual amount for March and April with 50% more on top. I guess it’s likely they did say something vague about credit reference agencies and it’s also possible that I may have agreed without fully understanding it would be different to a late payment marker. I’m not 100% sure of the impact of the AP but I believe it did tighten up balance transfer and new card offers (Lloyds group in particular) even though the rest of my report is spotless and I have many years managing multiple high balance cards. Although it may have been less comfortable, I also believe I had the means to pay the balance in full if I’d realised the impact at the time. Finally, it feels like Ive been penalised for speaking to customer services directly rather than just upping my payments to cover the arrears. Historically, I was under the impression that Barclays mortgages weren’t even reporting arrears of less than 2-3 months as late payments - although this may have changed since the last time I was in arrears. I’ve had a browse through threads about AP markers and it seems like removal is unlikely if it’s deemed factual but it may be worthwhile escalating to FOS or ICO? Will update with transcript details once I’ve raised and received a response to my request. I suppose the upside of this is that I’ll be even more cautious about negative markers in the future. Thanks, J
    • Rwandans claim asylum in Oz. Rwandans arrive in Australia after perilous journey to claim asylum | Immigration and asylum | The Guardian WWW.THEGUARDIAN.COM Hunters reportedly find five Rwandan men in mangroves on Saibai Island, a known crocodile habitat  
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    • 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.

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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 CRA 2015 only applies to contracts entered into on or after 1st October 2015 and therefore the CRA is not retrospective.


Surfer01
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If you purchased for instance vehicle prior to the above act being implement and the vehicle required a repair after the Act came into force i.e. December 2015 and the workmanship on the repair was very poor and the fault is still there, are you entitled to request a full refund of the repair within 30 day as it is a new purchase?

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I expect that it is subject to the law which was in place at the time that the contract was made.

 

If the repair was made as a requirement of the original contract then it would be subject to the rules in place at that time.

 

It's a good question though – but I feel fairly certain about the answer.

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The CRA 2015 only applies to contracts entered into on or after 1st October 2015 and therefore the CRA is not retrospective.

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Surely if the vehicle was bought in 2012 and taken to a garage in December 2015 and a repair requested that is a "new" service, a new sales contract and a new purchase? After all it is a new purchase and you pay VAT on the repair.

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If the repair can be considered a separate contract to the purchase contract then the CRA will apply.....to the repair only.

 

But can it be considered a variation of existing contract or a new contract?

We could do with some help from you.

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If the vehicle was bought at Garage A 4 years ago and the repair is done by Garage B there is no contract.

Even if the repair was done at the same garage from which the vehicle was purchase, there is no longer a contract in place.

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Well you didnt state if it was the same garage or a different garage within your initial post Surfer01...so yes the CRA will apply.:-)

We could do with some help from you.

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  • 1 year later...

If you purchase an item and you have issues with it within the first 14 days and opt for a repair and then the same item breaks down again with the identical faults 4 months later are you as the consumer entitled to request a full refund as it has already had a repair for same faults? Which.co.uk seems to confirm that a full refund should be forthcoming.

If yes, can someone point me to the actual legislation? Thanks.

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all under our CRA links.

 

 

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... 

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  • dx100uk changed the title to The CRA 2015 only applies to contracts entered into on or after 1st October 2015 and therefore the CRA is not retrospective.
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