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    • Thank you for taking your time and helping me on this. Would you recommend I also send a letter tomorrow to both BMW and Motonovo?
    • she and  johnson need to be kicked off the taxpayers credit card - for starters I'm certain there is cause - taking up 'jobs' when they shouldn't, bringing the nation into disrepute with their antics .. I'm sure it would be a very popular act from a new labour guv
    • Please have a look at this draft letter. It is modelled on yours but I have cut out a load of the unnecessary information. Also, the responsibility lies with the finance company because the vehicle was brought on hire purchase. You send it to them and a copy to big motoring world.   Let us know if there's anything that you disagree with, which is wrong, which you think should be added
    • According to Alastair Campbell on Twitter, anti-Le Pen parties are pointing to RN's fiscal policies and saying they'll cause a 'Truss-style market meltdown'. Liz Truss charged taxpayers for Amazon Prime subscription - Mirror Online WWW.MIRROR.CO.UK The subscription costing £95 gives the ex-PM free shipping from the retail giant, as well as the ability to stream films and TV shows such as My Fault...  
    • Thank-you @BankFodder, your statement is a correct understanding of my position and I agree, it is actually really what I was looking for in starting this thread, as I too believed that the maximum I could claim for is that which I sold it for, even though this was substantially below market value at the time. And so, this sold value is what I shall be claiming for + the other expenses. @dx100uk I get your point, but this is just not what I want to expose myself to. Unfortunately I was one of the unlucky ones to have my details stolen in the Peoples Energy hack, and in 2020 I discovered that those details had been used to take out car insurance, and that the insured was then involved in a collision and my details were dragged through the mud. Despite Aviva cancelling the claim and treating as though it never were, even though I have the letters from them to say that they have removed this claim from the insurance database, I still get refused insurance and credit products to this day until I send across the letter from Aviva which explains that I was a victim of fraud. So you'll forgive me for not jumping up and uploading my data to a server utility for which I have no control over its retention policy, or where the server is located globally, its legal jurisdiction, or its security protocols.
  • 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

PRAC/BW chasing old PDUK PDL


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I took a loan out with this company 2 weeks ago. All went well and thought having looked on their website it says obviously subject to credit assessment I could defer the loan twice - great I thought I will pay the balance over two months and bob's your uncle

 

Went to defer on their website and put in all the same income and expenditure details a week before the payment was due to come out. Their response "sorry but based on your affordability and credit assessment we cannot allow you to defer this loan":mad2:

 

Erm they gave me the loan two weeks beforehand, nothing has changed and yet wont allow me to defer. They wanted the whole loan back together with all the interest only 2 weeks after I received the loan. No way I thought, cancelled my card and any CPA they had set up.

 

I will pay them back on my terms and if they dont like it they can place it where the sun does not shine.

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  • 4 weeks later...

You do know this is a normal trick to get you to take out the loan. Then when you default, they try and say theyre adding on tons of charges, and interest on top of it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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have you been getting multiply phone calls from them on this number 02078068934

i had same thing

 

Yes starts early about 9.00 four or five times a day on mobile. Wont leave messages on home answerphone

 

They can add as many default charges, interest anything they like, I will only pay what is due. They emailed and said that despite only having the loan for 2 weeks their set interest means that I could have the loan for 4 weeks, 3 weeks, 2 weeks or even 2 days the interest will be same.

 

I have emailed but they say due to data protection I need to ring - no chance.

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Log every call they try, especially if youve told them in writing only. Read up on Harrison vs link for a start. You could bring a claim against them for harassment.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Youve got grounds for a nice big complaint and possible action for harassment then :)

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 6 months later...
  • 3 years later...

I received the pre-action protocol letter from BW Legal.

I responded asking for all the documents relating to my account including the agreement, statement of account, default notice and letter of assignment.

 

They came back with the agreement which is dated 1 month earlier than what says in their pre-action protocol letter.

 

What is interesting is the agreement is between Mem Consumer Finance, me and Payday UK.

 

Why is there three parties to this transaction.

The agreement looks like it is printed at the same time as their response but that is not something a judge would really be interested in.

 

Can I ask again to provide the agreement they state in their letter which is 1 month earlier or will they just say it is a typographical error and the agreement is correct.

 

The statement of account is printed on their letter which they sent me 2 days after my request. The statement of account shows at the beginning the amount in the agreement shown as "deferral" and then a whole host of "defaulter/interest accrued" amounts. There is also a charge of £15 some 2 months after my "correct agreement date".

 

At the end of the statement of account all these figures are credited at the end which brings the statement of account back to the original amount.

 

What I need to know is if they have failed to provide the default notice can they just credit the same and say "we have not charged you for the defaulted amount so we do not need to produce the default notice"

 

The letter of assignment is there.

 

Can I go back to them and again ask for the agreement stated in their letter and also the default notice. This all happened in 2014 by the way.

 

I have always checked my credit file and there is a closed account with Payday saying settled but nowhere is a default notice and PRAC Financial dont appear anywhere.

 

They have given me 7 days to respond.

Edited by dx100uk
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Iirc they only have to supply a reconstituted agreement. What exactly did you ask for and what exactly did they supply to you. What were the reasons you asked for it

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ild thread merged

Did you use our PAP response pack and wording or their one and your own wording?

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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I responded to them with my own response letter in replying to their pre-action protocol letter.

 

I requested

 

Agreement dated 30th April 2014 (their letter states this) (the agreement they have supplied is dated 29th March 2014) and it is indeed reconsistuted I can still smell the toner ink on the paper :lol:

Default Notice

Statement of Account

Notice of Assignment

 

Thanks for bringing up my previous posts I could not find it anywhere.

My credit file in 2014 states a default but this has now disappeared and the account on my credit file says settled.

Surely the default should still be there.

 

Yes indeed it did get deferred as I have the payment debiting my account on 30th April and yet they say the agreement is dated 30th April

Edited by dx100uk
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Just to clarify - PDUK are a sub brand of MEM CF - Or Were before they were taken over by Instant Cash Loans Ltd...

Do you have all the docs? Mind posting them up minus personal details.?

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So 99% unlawful interest then!!

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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Who's side you batting for??

 

If you total that int..does it equal those refunds...

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

Who's side you batting for??
:lol:

 

But I imagine in court they will say but Your Honour we removed all interest and default sums so the only amount required is what the Defendant borrowed so why are arguing about interest/default when that is not an issue.

 

The first amount is a think a payment that was deducted from me despite the fact that the loan needed to be repaid in one fell swoop.

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IRL complaint?

 

Uf your credit file was shot/financial status poor..should they have loaned it?

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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I have again requested the correctly dated loan agreement and default notice and the original creditor's statement of account and not what BW Legal have put on their letterhead.

That was over a week ago and its all gone quiet - me thinks a claim form is on its way.

 

Reading up on pre-action protocol BW legal should give me 14 days notice that they intend to initiate court proceedings so I assume I have notice of their intention

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no they've already sent the PAP letter giving 30days.

 

pes I wouldn't of been entering into letter tennis.

 

just wait and see if they issue a claim now.

 

don't keep poking the beesnest

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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  • 1 year later...

This debt is from April 2014.  I had a recent letter from them saying the usual take you to court.

 

The debt is for £580.

 

I requested all the usual documents from them

 

What they sent is a fixed sum loan agreement which looks like it was typed yesterday.

 

A statement of account on their letterhead which they say this is the statement of account from the point of the opening of the account to the sale to their client.  Surely a statement of account needs to come from the original creditor not something that is typed up by the present creditor.

 

No default notice - they say dont have one

 

No termination notice - they dont have one

 

There is nothing on my credit report nor anything involving PRAC.  There is a closed PDUK account from March 2014.  The fixed sum loan account states April 2014.

 

Where do I stand on this one any help appreciated.

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