Jump to content


  • Tweets

  • Posts

    • Can someone please advise on how to upload picture.  I’ve taken a photo of the first page of claim form and converted to pdf but it saying file too big. It’s only one page
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  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 [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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

control debt solutions and an IVA - owe more now then when i started.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4123 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

  • Replies 171
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

  • 2 years later...

Ive had belmont thorton doing my ppi and charges claim for me.

 

Had a letter from barclaysharks offering a refund and they said they would set off the amount on the remaining debt.

 

The debt was sold to lowlifes two years ago, a noa was recieved.

 

I forwarded Belmont the letter off barclaysharks along with the n

Link to post
Share on other sites

Ive had belmont thorton doing my ppi and charges claim for me.

 

Had a letter from barclaysharks offering a refund and they said they would set off the amount on the remaining debt.

 

The debt was sold to lowlifes two years ago, a noa was recieved.

 

I forwarded Belmont the letter off barclaysharks along with the noa and a letter saying I don't agree to this I'm sure your aware they can't set off once it's been sold.

 

Then today a letter has come from Belmont saying we have secured a refund and our fee is due!! So i think they have ignored what I sent them and accepted anyway. What can I do about that?

 

As far as I'm concerned there fee isn't due until I recieve that refund not lowells.

Link to post
Share on other sites

Barclaycard have started doing this of late and sadly fos are agreeing with the approach they are taking.

 

The courts may think differently and I fear that your only chance of getting that refund paid to you would be to issue. There is case law on setting off to a third party.

 

Edlington Properties Ltd v JH Fenner and Co

 

Ask BT why they have apparently accepted the offer when your written instructions were not to do so

 

Link to post
Share on other sites

Barclaycard have started doing this of late and sadly fos are agreeing with the approach they are taking.

 

The courts may think differently and I fear that your only chance of getting that refund paid to you would be to issue. There is case law on setting off to a third party.

 

Edlington Properties Ltd v JH Fenner and Co

 

Ask BT why they have apparently accepted the offer when your written instructions were not to do so

 

The thing is though why should I have to chase this through the courts when bt are being paid to do al that. Surely if they don't and I have to do it no fee is payable!

Link to post
Share on other sites

Don't quite follow you...looks like your sentence cut off mid way.

 

If you're asking why shouldn't BT be challenging this then even if they did then BC will ore than likely just tell them that that is what they have done and that is that. BT won't be interested in arguing through the courts.

 

Link to post
Share on other sites

why oh why did you use a fleecing reclaims company?

 

you've been here since 2009 and should know better!

 

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... 

Link to post
Share on other sites

You'll probably find in their T&Cs that if the refund has been secured, whether by way of set-off or by payment to you, then they have effectively done what they contracted to do i.e. obtain a refund from the lender.

 

I reckon you still ought to ask them why the offer was accepted against your written wishes.

 

Claims companies really don't have the client's best interest at heart...only their 30% fee which is why the advice on here is to steer well clear of them.

 

Link to post
Share on other sites

Terms say

 

I/ we understand that if the loan company or credit card provider uses my/ our redress monies to reduce an outstanding debt balance on my loan or credit card a full fee will still be payable to Belmont Thornton

 

But like I say the debt was sold so I have no debt with Barclays and I gave bt proof of that and not to accept the offer. I explicitly stated " I do not agree to the amount being offset"

Link to post
Share on other sites

  • 2 weeks later...

" Thankyou for your recent letter in which you wish for your compensation to be paid to your bank account. We have informed the lender of your request. Unfortunately it is at barclaycard loans and cards discretion as to how tey wish to allocate the redress amount.

 

In this instance the lender has decided that it will be remotes the amount to arrears/ outstanding balance.

 

Thank you for your cooperation"

 

I asked why the accepted the offer when I told them not to. As you can see they have not responded.

Link to post
Share on other sites

Dear X

*

Thank you for taking the time to contact Lawrence Dickinson regarding your complaint.

 

We are very sorry to learn of your dissatisfaction, as the provision of a high level of service is very important to Barclaycard.* Your correspondence is being dealt with by this office on behalf of Mr Dickinson and we aim to resolve matters by 14 September.

*

*

We want to reassure you that we are dealing with your complaint as quickly as possible, and will investigate all aspects fully. Should you have any immediate queries, please contact us on the telephone number above and we will be happy to assist you.

 

Please visit http://bit.ly/hoQ9DWfor further information on how we deal with complaints.

*

Thank you for again for taking the time to contact us.

*

Kind regards,

*

Peter Ross** |** Senior Customer Relations Manager

Barclaycard** |** Directors Office** |

 

I like the way he's calling me x an not my actual name!!

Link to post
Share on other sites

  • 2 weeks later...

Had another reply from Belmont still not answering my question. There letter has two sentences basically saying "it's not our fault . The fee is still due " I've written to them again asking for the final response and an answer to why they accepted the offer when i told them not to. What would the next stage be?

 

No reply from Barclays either surprise surprise.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...