Jump to content


  • Tweets

  • Posts

    • This is the full SAR documents that I received. It includes the proof that they deliberately chose not to give me a physical PCN at the time of parking. W3 SAR documents .pdf
    • for the sake of history, i've merged your old sadly failed charges reclaim court claim. have they ever sent you a default notice regarding this mortgage? dx  
    • I am financially at  point where I can see the light at the end of the tunnel regarding my debts. I have one remaining and I am interested to see what my options could be. I have be in contact with the Citizen’s Advice Bureau and the National Debt Helpline, but their advice has been a little more generic (but still helpful). This debt is 12 years old and is now owing around £3k. It was a bank loan and has been passed to several creditors over the years. A payment plan has always been in place and is up to date. I get statements every 6 months. There has never been a CCJ. I have been sent the letters advising of change of ownership. Following my own review of my finances, I decided to contact the current creditor to see if they have a copy of the credit agreement. I regarded this as due diligence as the debt has been sold on several times. The creditor updated me several times saying they had requested the document from the original lender. After 12 months of this they wrote to me saying they had not received it but were still waiting and would send it once received. The last letter was over 6 months ago. I then submitted a freedom of information request to the current and original creditor. The original creditor supplied one, but the current one did not include one in the pack they sent me. I went back to them to ask specifically about this as it was what I requested in my request. They replied saying the debt was sold to them as one without the credit agreement and they did not have it. They have requested it above, so I believe that means they cannot obtain it either for the FOI request. I contacted the original creditor and exercised my ‘right to be forgotten’, under the Data Protection Act, which they have complied with. I also got my up to date credit file and this debt is not showing on it with the current creditor or any others. I contacted the creditor and made them an early settlement offer. They do have an early settlement offer in place on their portal, but I was advised to try to get a reduction via negotiation. I have not heard back from them yet, but I understand through a separate upheld compliant it has or will be refused. Due to this complaint and the creditor putting the account on hold I had stopped payments, and advised them of this. To date, they have not contacted me about resuming payments since the complaint is resolved, but it has only been a few weeks. I am annoyed that they were not honest with me about not having the credit agreement, because that is not being transparent and I understood they should tell you if they do not have it.   I have two questions (but am open to anything else anyone would like to add): 1) Based on the above, does anyone think this account enforceable? I do not think it is? 2) Does anyone have any suggestions on how to proceed? I could resume payments and then settle early. If the above had not happened, I may have just done that. Thank you for any help or input anyone can provide. It is appreciated.
  • Recommended Topics

  • 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
        • Like
  • Recommended Topics

Hoist/Cohen claimform - OHs Capital One card debt


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1881 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

Ok.  The Clerk said it could be read out in her absence after the confusion over the amended defence. We don't want a default judgement.  Do you have any other suggestions?  What about getting a Mackenzie freind to at least have a presence there?  

Link to post
Share on other sites

  • Replies 61
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Im not sure.......case management conferences as stated are to iron out the allocation and directions...its not a trial...and I assume the claimant wont be submitting a statement. ?

The parties must consider whether a case summary will be useful for the CMC. If a case summary is to be produced, this will be prepared by the claimant and approved by the other parties. It should generally be no longer than 500 words, and its aim is to assist the court to better understand the issues in the case and to make it easier for the court to deal with the issues.

https://www.inbrief.co.uk/preparing-for-trial/attending-a-case-management-conference/

 

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

Any thoughts on the Mackenzie Friend with rights of audience issue?  Her Boyfriend could stand in her place and answer any questions the Judge may have, I have had a look round the internet but I can't see a clear way of applying for one. 

Link to post
Share on other sites

Give your court and ring and enquire and explain the situation...

Read here.....

https://www.gov.uk/litigation-friend

 

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

  • 3 weeks later...

A letter today from the court.  it says the following - 
_____
It is adjudged that
the claimant recover against the Defendant the sum of £XXX.XX for debt and interest to debt of judgement and 
£XXX.XX for costs amounting together to the sum of £XXX.XX.  

It is ordered that the Defendant pay the Claimant the sum of £XXX.XX forthwith.  
_____
Nothing else.  No other details, no Judges name, nothing.  This was supposed to be a preliminary hearing.  What the heck has gone on?  This is obviously nonsense, she has not had the chance to submit a proper defence.  

Help!

 

Link to post
Share on other sites

It appears the the District Judge has dispensed with a need to proceed the claim to a trial hearing and has made his deliberation at the CMC.

 

Did you not attend or consult a Mackenzie Friend ?

 

I did previously warn that none attendance normally guarantees the claimant judgment.

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

She was unable to attend and I wrote letter to the judge explaining why(series mental health issues).  The court said that they would not grant any applications from a lay person to speak on her behalf. 

 

The judgment has no Judges name on it.  How can we get this overturned?  

Link to post
Share on other sites

You mean set a side.....make an application using n244 the fee is £255 and you will have to attend a hearing and state your reasons why you think the court has made an error in judgment

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

Appeal the judgment......costly...again you would be wise to attend court and argue your appeal.

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...