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Hahaha! That video really did put things into a funny perspective for me, brave of them to state their defence to a court too. Thank you for the laugh, really helped to lighten the weight I had been feeling from this situation Any advice on the price of the jacket argument before I go to mediation? Like I said, I have full proof of the receipt and email entries -
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By BankFodder · Posted
The fact that you are asking why on earth they do this in the face of a statutory prohibition suggest to me that you haven't read enough of the stories here. They do it in order to raise obstacles. They know that they are wrong. They are fully aware of section 57 of the consumer rights act. They are fully aware of section 72 of the consumer rights act but 99 times out of 100 they get away with it and as I've already suggested, they are making billions of pounds every year with an insurance scam. And of course it very likely is "insurance" and as such we are not aware that it has gone through FCA procedures and that it has been regulated and either authorised or that the FCA have granted an exception. What they are doing is completely unlawful but unfortunately there are no authorities prepared to move themselves to do anything about it and of course it has simply become accepted as part of the normal consumer culture. Have you seen our pizza delivery video? -
By BankFodder · Posted
I think you have to comply with their request. You have to be seen to be cooperating in every way. What is the date of their proposed inspection? I'm wondering whether you could say that you want to know what their arrangements for recovery are and when they will recover and when the inspection will take place and how long they will have the car for. Make sure you copy in the finance company to all your correspondence so that they are fully informed It would be very useful if you manage to get your RAC inspection on the eighth and then let them recover the car on the ninth. I would want to keep the RAC inspection secret until you had their inspection and then you could compare the results. -
By AllyBallyG · Posted
name the issuing court: Ayr Who Is The Claimant: PRA Group Who Are the Solicitors: Brodies What type of action? (Simple/Ordinary): Simple What is the claim for – [type out ALL the text [minus pers details] [E1 BOX SPR FORM] On or around ## June 2015, Barclays Bank Plc entered into a credit agreement (hereinafter referred to as 'the Arrangement') On or around ## June 2015, Barclays Bank PIc entered into a credit agreement (hereinafter referred to as 'the Agreement') with the Respondent. A copy of the Agreement will be produced. The Respondent failed to maintain payment of the instalments due in terms of the Agreement. On or around ## November 2022, a Default Notice was served on the Respondent. The Respondent failed to make payment in satisfaction of the Default Notice. The agreement was terminated. The balance outstanding in terms of the Agreement is £3,333.00 which is the sum sued for. On or around ## December 2022, Barclays Bank Plc's rights in terms of the Agreement|were assigned to the Claimant. Notice of the assignation was intimated to the Respondent. The Respondent(s) has (have) been called upon to make payment of the sum sued for but has (have) refused or at least delayed to do so. This claim is accordingly necessary. type out ALL the text [minus pers details] [E4 BOX SPR FORM] or [Condescendence from Writ] NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT. Date of Agreement: ## Jun 2015 Claimant Agreement Reference: BBK####### (3 letters, 7 numbers) Guarantor: N/A Unpaid balance: £3,333.00 Balance is due under a credit account agreement which commenced with a nil balance. date of raised claim [or court stamp date from writ or date from ] :- 27th November 2023 Last Date Of Service [look on form 07]:- 6th December 2023 Last Date For Response [look on form 07]:- 27th December 2023 What Documents are listed in Box E2:[or in your form requesting the same?] Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Credit card …. from your knowledge: answer the following: When did you enter into the original agreement before or after 2007? 2015 (online signup) Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Aware that PRA were involved, but unsure whether i received a NoA. Did you receive a Default Notice from the original creditor? Unsure. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure When was you last payment:- mid-2022 Why did you cease payments:- Numerous credit cards with crippling minimum payments. Had family issues to contend with which i prioritised. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No contact with them whatsoever. Other: I received a letter before action from PRA / Brodies in early October. I sent a CCA request (template content from here) immediately. PRA responded confirming they "...have requested the information. Your account has been placed on hold until this has been received." I haven't anything since this response in early October - yet have now received a SPC. What do i do now?
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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
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Post in Some advice on buying a used car
BankFodder posted a post in a topic,
Post in Some advice on buying a used car
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Post in Some advice on buying a used car
BankFodder posted a post in a topic,
People are still buying used cars unseen, paying by cash or by bank transfer, relying on brand-new MOT's by the dealer's favourite MOT station….
It always leads to tears!
used car.mp4
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Pizza delivery insurance
BankFodder posted a topic in Postal and Delivery Services,
Pizza delivery insurance.mp4
Parcel delivery insurance 1.mp4-
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House Deposit given to buy home with husband in his name only now bankrupt
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