Jump to content
  • Tweets

  • Posts

    • I had some good news on this yesterday as the dealer refunded me in full. This wasn't without a fight though and he was digging his heels in. I did mention my rights several times and dismissed his claims regarding a warranty.   I was due to drop it off at his mechanics yesterday but they were closed until Monday. He said he would get the issues fixed before reselling it. I've checked this morning and the car is listed back on Autotrader. It's obvious they don't care.   Thanks all to helped on here.
    • So if this is a claim for all losses including your uninsured losses I am not sure why you would not be assisting. The court claim in your name as you are the party looking to recover losses as a result of the accident. The Insurers or their legal people will do all of the work.
    • As you are the renter of the garage, you have a direct right to sue the person who erected the bar in the tort of nuisance. Very straightforward and you can do it as a small claim by suing for the return of your money and a small amount of damages - say £100.   We can help you.   Get together with the other people affected and do it together.   Normally you would want an order from the court that he stops the nuisance.  This would be a more complicated procedure - but if you win your small claim action is is scarcely imaginable that he will continue.   Nuisance is the wrongful interference with the enjoyment of land and as long as you have a legitimate interest in the land then any interference with that could be a nuisance. You are renter and he has interfered with your access to it
    • Is this a lock up in a block behind houses, and the path is just wide enough vor vehicles to access. ?  If the HA could be bothered they should be the initial contasct as per DX, its up to them to tolchock tne other renter if there is no permission to restrict access.
    • Get the statement which you have been offered.  It will be extremely important to your case.   I would suggest that you write to him and tell him that only a full refund will be acceptable and that you are extending your deadline by a further 5 days after which you will issue the claim without further discussion.   I agree that you are in a bind about needing a car etc.   If you fell that you would be better served by getting it repaired and suing for those costs then that is certainly an option.  In that case get 2 quotes for the work and send then to him and tell him that you are going to put the work in hand in 5 days and that you will be suing him for the cost.   However, don't forget that you will still be saddled with the vehicle and if there are further problems in the future you will still be faced with the same issues with this dealer.   You would be much better off making a clean break and suing for the refund.   Whatever, get the statement - post a copy here.    
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
angry cat

Help Please! Re: Taking Proceedings / Valid Counter Claim

style="text-align:center;"> Please note that this topic has not had any new posts for the last 5218 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi !

 

I would appreciate some help / advice that relates to taking proceedings agaist a bank. The amount disputed is over 5K-

 

My quandery is that although I have grounds to take legal action, it could be risky and of course, if I lose my case it could involve me in having to pay costs, plus I would have closed the gate on the issue! The other option is to wait for the bank to sue me, as I have a valid counter claim.

 

However, recently the Bank has threatened to sell the debt on to a Debt Collection Agency and if that occured, what would my position be?

Could I still sue the bank after the debt has been sold? and of course, if the DCA eventually decided to come after me for the money, how would I stand with my counter claim which would obviously be a counter claim against the bank and not the DCA.

 

I am sure that someone will have the answer but to me the issue is quite a conundrum!

 

Thanks

angry cat

Share this post


Link to post
Share on other sites
Guest Lueeze

The gorunds to take legal action...by this are you reffering to the punitive charges or something else?

 

It is very unlikely the bank will sue you, thus you may be waiting a long time to get that counter claim in!

 

How much is the claim?

 

Lou x

Share this post


Link to post
Share on other sites

If your claim is over £5,000 it is true to say that you should you lose in court then you would be liable to some charges - but in "fast track" I believe it is limited to £750.

 

There are risks in any legal action - however, be assurred that we have people who have already succeeded with claims between £8,000 and £10,000. The unlawful charges are just as unlawful if you are claiming £10,000, as they are if you are claiming £20!

 

In many respects it doesn't matter if they pass it on to a DCA - but it is unlikely that they will take any legal action for quite a while (if at all). If you want to get your charges back then you need to take charge of the situation.


Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

Share this post


Link to post
Share on other sites

Hi-

Thanks for your prompt replies!

 

No, this issue is not related to punitive charges and it would not be a county court matter.

 

What I am trying to ascertain is-

 

I could pursue a bank about a debt that they say I owe, but I am obviously in dispute with them. If I go to court basically saying "I do not owe the money" I could fail and would have not chance or pursuing them again about the issue, plus I could incur costs. However, if I wait for them to come after me, I might have a better chance because I have a valid counter claim and of course this way I would not be reponsible for the charges.

 

The issue that is concerning me is, the bank has threatened to sell the debt to a DCA and I do not know how I would stand if this occured?

i.e. If a DCA has purchased the debt, how would that affect me suing the bank and/or my counter claim. Could I still sue the bank, even after the debt has been sold to a third party - How could I sue them if they do not own the debt anymore and what happens to my counter claim.

 

I don't think that I am stupid? but I find this quite puzzling.

 

After all, if the Debt Collection Agency purchases a debt it must take on the reponsibilities & liabilities.

 

Does anyone know? Help Please

 

Thanks

angry cat

Share this post


Link to post
Share on other sites
Guest Lueeze

HMMMm!

 

I dont know either! Sorry you had to repeat yourself twice, just like you said its a conundrum!

 

Maybe someone else could shed some light on this?

 

Lou x

Share this post


Link to post
Share on other sites

Hi Lueeze & Alanfromderby-

 

Sorry because of the high amount disputed I was under the impression that the alleged debt would not be handled by the County Court, I have since discovered that I was wrong!

 

This is a long standing dispute of nearly three years and I been making token payments to the bank. The issue is not about punitive charges-

My concern at the moment is that the bank has suggested selling the debt on to a DCA and I need to know how I stand, if the debt is sold on.

 

Surely is a DCA buys the debt, it will be the DCA who will ultimately sue me-

However, I have a valid counter claim against the bank, but if the DCA eventually sues me than how will I ba able to bring about my counter claim against the bank.

 

Hopefully someone will kindly assist me with some advice?

 

thanks

angry cat

Share this post


Link to post
Share on other sites

Ah, I see.

 

Okay, when the DCA start chasing you for the debt you should contact them and state that the debt is in dispute. My understanding is that debts cannot be sold on if there is a dispute still to be resolved. Certainly it is against the Banking Code to take action where a debt is disputed.

 

However, it concerns me that you are not taking any action to directly seek a resolution to the "dispute" - and it is possible that the bank could assume that the matter is resolved.

 

Unfortunately, without knowing details it is impossible to give a definitive answer.


Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

Share this post


Link to post
Share on other sites

Thank You Alanfromderby for that advice!!

 

I am at present playing a kind of 'cat & mouse' game-

 

My dispute has been well doumented with the bank and as stated, for some time now I have been making token payments-

 

It is only recently, that I received a communication prompted by a review that the bank has made the threat of selling the debt on to a DCA. It may well be that this has occured via an over zealous member of their collections department. However, I take the communication very seriously and the banks letter prompted my question to the Bank Action Group.

 

 

angry cat

Share this post


Link to post
Share on other sites

This seems to be going around in circles

People here can't give you advice unless you are more clear about your debt.There are many types of debts so you must be specific or we are unable to help.


When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

Share this post


Link to post
Share on other sites

You also have to be certain the debt is being 'sold' to a DCA. Are you sure it is being sold or are they just threatening to pass it to a debt collection agency? Not all debts are automatically sold, its usually bad debts and aged debt. If the debt is sold you have to be advised it's being sold or has been bought. This usually happens after the event not during a dispute.


Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

Share this post


Link to post
Share on other sites

Hello-

 

I had no intention of 'going around in circles' or causing any confusion !

 

My question was about the legal position that must evolve if a debt is sold-on to a Debt Collection Agency?

 

Thanks

 

angry cat

Share this post


Link to post
Share on other sites
Guest Lueeze

Can you not be specific for us? We will try to help the best we can!

 

Lou x

Share this post


Link to post
Share on other sites

You are playing cat and mouse but I think that you are doing this withthe forum mods as well.

It is just not possible to respond to cryptic messages in a forum environment.

 

A genberal answer to your question is that when the debt is sold, then it is not sold with the obligations.

 

This means that if you have a claim against the bank then you will still be able to make your claim against the bank.

If the DCA sues you then you will be able to defend that you will be able set-off your claim against the bank against the claim made by the DCA but any counterclaim which you might have for sums in excess ofthe amount climed by the DCS will have to be pursued against the bank.

 

If you would like to be less Angry and more Cat, it would be easier to deal with your queries.


Share this post


Link to post
Share on other sites
Guest Lueeze

BF I have had a PM from Angry cat! I have tried to PM dave to help with this, can I come through you instead?

 

Lou x

Share this post


Link to post
Share on other sites

Thank You.

 

angry cat

Share this post


Link to post
Share on other sites

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Share this post


Link to post
Share on other sites
style="text-align:center;"> Please note that this topic has not had any new posts for the last 5218 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
Guest
This topic is now closed to further replies.

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...