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    • 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.  

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      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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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.
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      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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Lowell/Overdales Claim form 3 merged debts - Vanquis Card - New Day Card - Shop Direct CAT


PoolerBoy
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usual vanquis rubbish they trot out and have lost or discontinued many many claims on cag because of 

 

 

  • Haha 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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  • 2 weeks later...

Probably to beg for something before they fold as they have numerous times on exactly the same crap paperwork......

 

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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  • 2 weeks later...

begging before they have to discontinue to save wasted court hearing fees as they know they will LOSE!!

 

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... 

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  • 3 months later...

What happened?

 

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... 

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Hi DX

 

i had the court date letter yesterday for end of July. Witness statement due 14th so I will be putting it together soon. Your advice will be appreciated as I can’t see many of these  multiple claim posts. 

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  • 3 weeks later...

Quick update. Lowell have discontinued the Vanquis part of the claim just as you said dx.

 

The Shop direct part they admit they do not have the default notice, they sent a screen grab of some msdos like printout that says one was sent but no actual one exists. In my witness statement I will request this gets thrown out as they cant produce one and previous experience shows that they will not be able to proceed without it.

 

The final part, the New Day card, they have loads of statements on headed paper, an assignment notice, the default notice is on headed paper. The agreement is uploaded below if someone can take a look for me please as this is the only part of the 3 part claim I think they have any legs on with the above noted. However, I'm unsure of the agreement is valid.   

 

I have to put my witness statement together now by Wednesday.

 

Thanks 

 

 

New Day Credit Agreement.pdf

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Pop it up here in good time for people to check 

This is a complex claim and the ws needs to be tight and focused 

 

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... 

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no sign up ip?

dn please

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... 

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2 hours ago, dx100uk said:

no sign up ip?

dn please

dx

Yeah ignore the bunch of idiots. What does a IP even prove except they kept accurate records at the time. I jumped on here cos my thread was locked over no posts for 240 days.... That's how long it took! Got my local court hearing followed by Overdales writing saying their client has discontinued the proceeding!  They will never see you in court OP.

 

Just jumped on to ask when they do this, its ok for them to add the court and solicitior fees to the balanace and have that on credit report? I'll post back on my thread when it gets reopened

 

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Hi dx

 

Default notice attached. No there isn't an ip address on there as far as I can see.

Default notice.pdf

 

I've just began the statement and this is V1. Does it look ok for starters?

WS Draft 1 redacted.pdf

 

Can anyone please give me some help? Thanks. 

 

Hello @Andyorchand @dx100uk Could you please give me some advice here on WS as I need it to go in now tomorrow.

 

Im getting stressed about this now and my health wont allow me the stress.

 

Thank you so much.

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You have until the 14th 4.00pm please do not submit the above.

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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1) The claim comprises the following agreements the defendant entered into:

 

a. shop direct with reference ########## and current balance of £####.##

b. vanquis with reference ############ and current balance of £###.##

c. newday with reference ###### and current balance of £####.##

 

The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.

and the claimant claims:

a) The total of the said sums being £####.##

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £###.##

c) costs

 

Amount claimed £####.##

Court fee £205.00

Legal Representatives costs £100

Total amount £55##

 

I will need the amounts claimed from the original particulars and details of the Notice of Discontinuance (redact and upload

I don't suppose you have received the claimants statement yet ?  or Notice of Amended claim ?

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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Hi @Andyorch

 

Please see figures below:

 

a. shop direct with reference ########## and current balance of £481.84

b. vanquis with reference ############ and current balance of £###.##

c. newday with reference ###### and current balance of £1687.37

 

Amount claimed £5027.23

Court fee £455.00

Legal Representatives costs £100

Total amount £5582.23

 

New adjusted claim figures:

 

Account 1 £481.84                  Interest £36.00

Account 3 £1687.37                Interest £102.82

 

I have had their WS. Its over 180 pages long.

 

I have uploaded the Notice to Discontinue.

 

Thank you

Notice of Discontinuance Redacted.pdf

Edited by PoolerBoy
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Quote

I have had their WS. Its over 180 pages long.

 

Need to see it please redact and upload..just the statement 2/3/pages and any attached agreements/default notice /notice of assignment

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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Just the statement then ..impossible to draft a statement in response without seeing the claimants

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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Just the statement ....from in the XXXXXXXX County Court to the statement of truth part normally 2/3/pages 

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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