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    • dx100uk   do you think it might help if the OP went back to the dealer and argued the point about the dealer having to pay the vehicle recovery costs (in the event of a cancellation and no pre-contract info) by quoting to them the Motor Trade Ombudsman's view on the question from post #25?   I mean, the motor trade ombudsman is not generally well-known for being on the consumer's side, and yet there they are spelling out the OP's argument for her!   This could be backed up by (1) reiterating that the advertised mileage does not agree with the MOT history - at least I think that's the case; I haven't quite got my head round it yet, and (2) pointing out that the "sold for spares" bit is simply untrue.  She could wind up by suggesting that she thinks any ADR or court would find in her favour on all three of these points and ask if he wants to reconsider his position.   See if that shifts the dealer any further.   Assuming he won't move, then either go for ADR (is this binding and who does it?) as a first step or continue with legal claim.   Only contra-indications I see:  (1) I think the distance selling/extended cancellation argument is very unusual with a used car purchase and have no idea if it's likely to be successful.  BUT Advice Direct Scotland and Aberdeen TS seem to think it's possible(?) and so does the Motor Trade Ombudsman - so who knows.   (2) BankFodder did suggest several pages back that if the OP got the purchase price back that might be a result, but that would mean either writing off two sets of transportation fees or arguing separately about them.    
    • Hi. I posted on the facebook group about Hermes queries re: a parcel that Hermes said delivered but i didnt receive. It was a private sale of a mobile phone from a seller in Wales to me in Edinburgh.   The seller has stopped contact with me now so I cant get any help from them. Hermes are saying it was delivered but it wasn't.   I have got all copies of emails to and from the seller and to and from Hermes. A photo of the actual parcel that the seller sent me prior to posting.   There also seems to be a some confusion on the Hermes tracking info about which day it was actually delivered but either way I was in my house both prior and after the delivery.   There was no photo but it stated the driver got a signature. Not true cos it was a covid thing not to get signatures. No calling card to say it was left somewhere else or in a safe place. It just simply wasn't delivered.   I've been told to ask for GPS info in order to trace the delivery or driver. I cant even talk to a human or get a valid address to write to.   I sent an email to the CEO guy and still no reply. I've not reported anything to the police but I'm getting all sorts of contrasting advice to do this and not do that etc that im totally lost now.   If you read this David, please get back to me please. Much appreciated.   This happened in June/july so hope im not too late to still do something about it. It's just took this long to only get to this stage. 
    • PAC code   https://tinyurl.com/yxhxcsxf   ...
    • Noted! Hopefully there won't have to be another time though!     I did respond to the email, I just said that he cannot deduct any costs incurred for collecting / picking up the vehicle and if it heads down the route of ADR which is a total new concept of me having any involvement with, that he would have to pay a refund/the cost of the car and the cost associated with the collection of the vehicle.    Upon further checking the legislation because he gave me no cancellation rights prior to the contract starting he is indeed guilty of an offence, which is the likelihood of what trading standards are dealing with in regards to his local TS contacting him.     
    • hi,     Just asking for some experience or knowledge.     I purchased a puppy on the 30th of august. On numerous occasions I was in contact with breeder and asked if the puppy showed signs of entropion.    I was told no.   On the 26th of August puppy had first jabs. And apparently their vets said none of the litter showed sign of entropion.    On collection of puppy I noticed he was covered in green mucus. The pen had dog muck spread in there so assumed it was just from pups playing and maybe getting it in each others eyes (poor hygeine on breeders part)   Anyways,   Asked breeder to wipe pup and we left       With in 3 hours we realised that the puppy wasn't well. He physically couldn't open his eyes and when we attempted to clean them his eyeballs weren't visible.    We phoned an out of hour vets and contacted the breeders immediately.     The pup was taken to the vets and we were informed he had a severe eye infection which was a result to entropion.    The vet bill came to around 900 after tacking and meds etc. I asked the breeder to cover the costs. They said no because their vets said their was no issues.     The state on this puppy my vets think he's suffered from birth.     And most certainly not 5 minutes before I turned up.      I've filed a small claims for the cost of the vets and the cost of the puppy.      Where do you think ill stand?    What type of evidence will the judge want to see. Thanks
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .

International Debt Collectors! (Credit Limits International LTD) Court Claim received


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Why ...was your wife and children also applying for work visas ?

 

You need to acknowledge service of the claim form by Tues 29th Sept  4.00pm ...defend all. You then have 33 days from and including the date of the claim to submit a defence.

We could do with some help from you.

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Can CLI issue court claims acting as a debt collector, when they don't hold an FCA registration to conduct debt collection activity ?

 

I saw the image the OP added earlier and it showed that CLI had issued the court claim, saying they were assigned the debt on 20/7/20 ( think this was the date) 

 

If they are taking on debts under assignment, surely they need to hold FCA registrations ?

We could do with some help from you.

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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 OTHERS

 

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Could it be argued that the foreign company providing the Visa service were providing a type of credit facility, as they were going to collect fees for their services via a future payment arrangement ?

 

This is what the OP stated in first post

 

"the deal was they paid for my visa upfront and when I got to Australia and started work I would pay them back out of my salary weekly.

I didn't even sign any contract regarding this."

We could do with some help from you.

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Not really sure until we get to disclosure...but for any moneyclaim.....CPR 16 PD 16.

 

7.3 Where a claim is based upon a written agreement:

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16/pd_part16

So looks like they will struggle once a defence is submitted stating same.

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 OTHERS

 

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Thanks for all this info guys.

 

This is all way out of my depth, but I will try and follow 🙄

 

No my wife wasn't going on a work visa it was all just add ons on to my visa so they adviced. 

 

So my first thing is to:

You need to acknowledge service of the claim form by Tues 29th Sept  4.00pm ...defend all - HOW DO I DO THIS?

 

You then have 33 days from and including the date of the claim to submit a defence - HOW DO I DO THIS?

 

Again, really appreciate all this information!! 👍👍

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pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time

[you MUST file a defence regardless by day 33 ]
 click thru to the end
 confirm and exit MCOL.
..

..
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
..

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 

  • Like 1

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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You will have to submit a defence by Tues 13th Oct 4.00pm ...dont worry about this yet we can draft a defence...lets see what response you get to your CPR 31.14 request...and in the meantime.....if you could redact scan and upload all the relevant emails you have and any other documents in connection...which will assist in formulating a proposed defence.

 

Topic title updated and moved to Financial Legal Issues forum 

  • Like 1

We could do with some help from you.

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  • Andyorch changed the title to International Debt Collectors! (Credit Limits International LTD) Court Claim received

Brilliant guys!

 

I will get the MCOL sorted straight away and crack on with the CPR letter.

 

As soon as I have done these I will get all the emails I can find and where shall I upload these?

 

 

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Here.....you must upload  in PDF format...then only members  can view.

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 OTHERS

 

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read upload carefully please

one multipage pdf ONLY

 

dx

  • Like 1

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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Share on other sites

Hi guys,

 

I have submitted the AOS on MCOL.

 

I have started the CPR letter but where it is asking for documents mentioned in the particulars of claim, (there is none on the particulars of claim) am I deleting all 1- 6 requests and the paragraph above the 1- 6 where it states (please treat this letter as my request...).

 

I think the only bit that relates to me from the template would be the confirmation of acknowledgment and the under £10k paragraph as the remaining paras are about documents etc which we don't have any I don't think? 

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All visa application s encompassed by the contract

Copy of signed contract with original company

deed of assignment from company to cli

Detailed account statement showing how the claimant arrived at the figure claimed

 

Documents in the poc might not be listed but things are implied so they must disclose written proof

 

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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Share on other sites

Hi guys,

 

So I have found the emails communicating between me and the employer etc. Obviously I am not going to send all communications as majority of it isn't necessary. Do you want me to just screen shot the important bits and forward obviously removing names etc

 

Cheers

 

 

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Which you keep to yourself....

the claimant can only rely upon what they disclose

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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Share on other sites

Sorry, I mean send/upload to here for help with the defence.

 

Also I have the immigration agents contract that clearly states the sponsor is 100% responsible for the invoice. Shall I just take screen shots of these important bits and upload to get a defence.

 

I will just upload the full contracts (names etc edited) tomorrow.

I have the company contract which is the job offer that mentions nothing about paying the money back.

 

I also have the immigration agents contract that states the sponsor: (Oz company) is 100% responsible for the fees. 

 

I do have an email from a member of the Oz company stating that the agreed amount will be paid back monthly till it's settled. ( I can't find the email where it says out of my weekly salary) but here I haven't signed anything. 

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DONGARA MARINE PTY LTD

 

Is this the name of the sponsor company ?

 

You have documents showing you entered into agreement for them to become responsible for costs, which would be paid back later via your wages ?

 

Is there anything stated about what happens, if you could not start your employment ?

  • Like 1

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 OTHERS

 

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

 

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Yes they are the sponsor company.

 

I do have the contract from the immigration agents stating that the sponsor (Dongara Marine) are 100% responsible for the costs.

 

I can't seem to find the email where it states out of my salary, it just says of I can't afford the visa payment then they will pay it up front and I pay it back monthly. (No start date etc though on the email) - also I haven't signed anything this was just an acknowledgement in reply to an email. 

 

There is nothing stating if I don't pay it back either anywhere 

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It may help to add PDF copies of emails, employment contract offers etc, where anything about visa or costs related to this pre-employmemt help, is stated. 

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 OTHERS

 

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

 

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ERASED visa options email.pdf

ERASED Immigration Agent Contract.pdf

ERASED job description.pdf

ERASED Letter of Engagment.pdf

 

Hi guys please find attached above the evidence relating to the case. if there is anything else needed to draft up a defence just let me know. 

 

much appreciated guys!!

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I think it is clear from the visa options document that the employer offered to pay the costs and there would be a need to repay the amount. They just don't go state what happens, if you could not start the employment. 

 

Others on here are more aware of legal matters and hopefully they will comment further in due course.

  • Like 1

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 OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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