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    • Regarding 2.  I did get a letter before the Claim Form. I'm certain it's not a ' letter of claim ' . But it is a letter. on 1 page. It did not  (c) enclose a copy of the Information Sheet and the Reply Form at Annex 1 to this Protocol; and - 4 - (d) enclose a Financial Statement form (an example Financial Statement is provided in Annex 2 to this protocol - the Statement is part of the Standard Financial Statement and can be downloaded from sfs.moneyadviceservice.org.uk).    
    • Thanks Andy,  Just need guidance on which boxes (i.e am I disputing the debt, if so why) etc.  Also, do we still need to pay £1 for the copy of the CCA, or can I request it as part of sending in the reply form? Cheers
    • @HP Mum - you've been here a long time and you have certainly been here long enough to know that we regularly ask people to avoid posting solid blocks of text because it makes it very difficult for the site team to engage and also other people who might be interested in what you have to say or maybe even give advice themselves. It's especially difficult using small screens such as telephones and telephone screens are more and more commonly used nowadays. When solid blocks of text are posted by new people, we figure they don't know any better and so we go in and edit the block and introduce proper spacing and punctuation and asked them to avoid doing in future. However you are a seasoned Cagger Your solid block of text is very long and to add to the difficulty, you have used the smaller font. I'm going to remove your post and if you want to post again then please would you bear in mind the interests of the people who are reading and who want to help you. Thank you
    • USe ours not theirs. https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126   Andy
    • A little thinking out of the box here by Lowell....   (2B)The duty imposed on the creditor by subsection (1) may be discharged by another person acting on the creditor's behalf.] (3)Subsection (1) does not apply to— (a)an agreement under which no sum is, or will or may become, payable by the debtor, or (b)a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.   So in layman's terms they say that they are not at liberty to comply with sec77 because the agreement has ended and that nothing is due from yourself. Happy days so no chance of this debt ever seeing the inside of a court room.   Andy
  • 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
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