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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Whyisitthis
      B&Q I’m now a shoplifter?

      By Whyisitthis · Posted

      Hello, firstly thank you for reading this. I know no one wants a long winded back story. So I’ll be breif. I entered a local store to buy some paint (which I did pay for) I am honestly not a bad person or a theif.   Didn’t have a basket or trolly as was on my lunch break. Whilst picking up the three tubs of paint placed some masking tape in my pocket (it was hanging out of so I had every intention to pay) just didn’t have a hand free. Paid for my goods (forgot about the £4.39 masking tape) I’ve got so much going on and im not well at all (like I say no one cares I get that) also have autism so wasn’t thinking particularly like others do maybe (who knows my minds going around and around) I left the store after paying, was pulled back in by security. Asked for the tape which I gave immediately  shook up. Gave them my ID and details. I was given some paper and told to expect a large fine in the post for their time and the tape and sent on my way. my questions are: I hardly ever go out without support so the ban I guess I can’t go there now for anything (their loss) - ok but is my photo going to be all over with my name? how much am I expecting in the post as a fine? I have sent them cash in the post recorded signed for delivery to arrive tomorrow (incident happened today) for my error. Their Address was on the bit of paper. i have read two posts on this page but they were from many many years ago so I hoped for updated advise please? 
    • dx100uk
      Big Motoring World Leeds

      By dx100uk · Posted

      V important you read lots of BMW threads too !  
    • axil23
      Wrong settlement quote given on PCP.

      By axil23 · Posted

      So should I send them a new SAR and put my date of birth on it? Or do I need to send them some proof? Driving license? 
    • PhoenixCab
      Big Motoring World Leeds

      By PhoenixCab · Posted

      Thanks so much for your help!! I've emailed them, and when they reply saying they can't do it I'll reply and state my rights. I'm so glad I found this forum, and will read all of the posts I can find and help guides available for the future. Really can't thank you enough.
    • dx100uk
      Big Motoring World Leeds

      By dx100uk · Posted

      utter BS, doesn't matter you signed it. pers i'd be writing as per the other threads here rejecting the car as not as described under CRA etc and be done with it. as its a debit card you could also do a full chargeback within 120 days to your bank and simply dump the car back to BMW. 100's of like threads to read here. get your ducks inline. make sure you know what you are doing and off you go. dont take any BS from BMW, no matter what you sign it does NOT remove your consumer rights. p'haps it might be on the off chance you are a good manager , a quick phonecall tomorrow saying you dont want it because (no bla bla fitted) it might be resolved in 5 mins..i will guess to date you not tried

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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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Lowell claimform - OHs Vanquis Claim Form***Settled by Tomlin Order***

nomoremoney

By nomoremoney
in Legal Successes

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nomoremoney

nomoremoney

Posted
  • Author
Posted

Apart from the swapping of him to her and other things showing they obviously copy and paste all this, some parts stand out to me straight away:

 

19 do they need proof they sent the default notice?

 

21 what are they refering to?  We did not try to accept any offers or even contact them other than the CPR requests.

 

22 RC4 shows they sent the notice of assignment to our previous address after we had moved

 

Claimants witness statement redacted1.pdf

Claimants witness statement redacted3.pdf

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dx100uk

dx100uk

Posted
Posted

they must produce a copy of the original default notice from the original creditor

not sure how many times lowells have lost or disc'd a claim upon this point alone now.

 

converted and attached as a PDF

 

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

dx100uk

Posted
Posted

opps yes

and opps name and A/C showing 

i'll see if I can deal now

 

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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AndyOrch

AndyOrch

Posted
Posted

Very similar thread and statement and exhibits in which the Judge allowed judgment......

 

Andy

 

We could do with some help from you.

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nomoremoney

nomoremoney

Posted
  • Author
Posted

I'm struggling to see how to win this one, especially now after looking at the other thread.

 

Is it too late to go back to our original dispute that they kept adding late payment charges even though they was successfully taking the minimum payment by direct debit?

 

Reckon they would accept 50% as full and final settlement now, as opposed to £1 a month forever?

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fkofilee

fkofilee

Posted
Posted

Why would they offer a Tomlin Order? Surely they would only do that if they weren't 100% it was going to be a win...

They reclaim their costs from the debtor if successful?  

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Old Cogger

Old Cogger

Posted
Posted

I stated they might loose, a chance they may take , if they do then they loose fees etc, every case is different = there are no wills/wont"s,   many a case they loose or pull out of at the last minute before they loose their fees etc  there is no guarantee in any case,  by the way A Tomlin Order can be arranged up to the last minute if they have not discontinued the case (they tend to leave last minute for you to collapse and they get their holiday or xmas party fund = (The debt purchasers dirty trade, read threads you are not alone, and you may see others stories where they have beaten them/

:mad2::-x:jaw::sad:
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fkofilee

fkofilee

Posted
Posted

With Debt and court cases. Its who blinks first who loses a lot of the time. It is a judge lottery and it is also a pain in the backside. 

Lowell temp fate with the debts they buy all the time. There isnt really much you can do apart from follow the processes. Think about it - If you hadnt of come here then you woudlnt have learnt what you know now. 

 

They have to work for their money on the off chance they MAY win... Ive seen weird decisions in court - When all the odds when in the Creditors favour - They still either pulled out or even lost the case... Faulty DN, Missing Docs... The list goes on. 

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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nomoremoney

nomoremoney

Posted
  • Author
Posted

The big worry here is that this is my wife's debt. And she is very shy and nervous and absolutely dreading having to speak up in court.

 

If it's not a sure win that's why I'm thinking it would be better to negotiate now, instead of with a CCJ. This is the only negative on our credit files and it will drop off next year.

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AndyOrch

AndyOrch

Posted
Posted
2 hours ago, nomoremoney said:

I'm struggling to see how to win this one, especially now after looking at the other thread.

 

Is it too late to go back to our original dispute that they kept adding late payment charges even though they was successfully taking the minimum payment by direct debit?

 

Reckon they would accept 50% as full and final settlement now, as opposed to £1 a month forever?

 

In that thread the Judge was wrong...the whole case relied on the Default Notice and he accepted that the Notice of Arrears was part of the default notice and because the NoA was dated it was okay...even though the actual default notice was not dated...as yours (RC3)

 

A Notice of Arrears is not part of the Default Notice...its a requirement that was introduced by the The Consumer Credit Act (CCA) 2006 and its amendments.

Section 11 of the CCA 2006 amends the CCA 1974 by inserting a new section - 86D - that sets out the consequences for a creditor if he fails to notify as required by sections 86B or 86C.

If the creditor fails to provide a notice when required to do so, then throughout the period of his failure (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement.In addition, the debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner’s failure.

 

So there is no connection between the Default Notice and the Notice of Arrears...two completely different notices unconnected.

 

So if the Default Notice is not dated then it fails the prescribed terms required pursuant to section 87 & 88 of the CCA1974.Your DN that states for you to rectify the breach you are required to pay the amount stated by 7th April 2014...but given the DN is not dated it cannot equate from when...what date ...when was it received .You may have received it on the 1st April...therefore the prescribed time of 14 days plus service cannot be proved...therefore it is invalid.....and that Judge was wrong.

 

Andy 

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

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AndyOrch

AndyOrch

Posted
Posted

No it isn't dated.....thats the Notice of Default...not the Default Notice

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

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nomoremoney

nomoremoney

Posted
  • Author
Posted

Got ya.

 

No address on it either. But wont they argue that it came in the same envelope as the notice of default and so the date is obvious like in the other thread? 

 

Need to put all this into a witness statement. Can you see any other obvious failings?

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dx100uk

dx100uk

Posted
Posted

ring the court and ask??

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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nomoremoney

nomoremoney

Posted
  • Author
Posted (edited)

They have paid the court fee.

 

As it didn't look like we where going to have any luck in court, I've verbally agreed a Tomlin order.  The default will disappear from her credit report in less than a year, yet a CCJ would be starting a new 6 year mark, so this seemed like a more sensible option if we were going to be ordered to pay it anyway.

 

Thanks

Edited by nomoremoney
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AndyOrch

AndyOrch

Posted
Posted

Your choice and you must do what you feel is best for you......although its a pity we didn't get another Judges view on an undated Default Notice.

 

Thread title updated.

 

Regards

 

Andy

 

 

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

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  • AndyOrch changed the title to Lowell claimform - OHs Vanquis Claim Form***Settled by Tomlin Order***
nomoremoney

nomoremoney

Posted
  • Author
Posted

It didn't seem worth the risk.  The previous page referred to the 'enclosed default notice' so it may have gone the same way as the other case referred to above.  We are much better off financially now so if I'm going to pay it anyway, it would be better without the CCJ.  This site and its members have successfully helped me with several others though so I'm still very grateful for that.

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