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    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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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.
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Josa v Natwest ~ 6 years with Contractual Interest


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Hi tumble

 

there are some real stars on this site, and some very good people. I am humbled by the depth of knowledge that the one's who are 'good with words' have.

 

I will post my first draft of my reply as and when i have put it all together... Again i have recieved much support from the wordsters :)

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Hi, I have a little knowlege of th FSMA 2000. This effectively gives the FSA powers to ignore the 1980 Limitations act. In other words it looks likely that consumers can go right back to the 15 year longstop when claiming against financial companies (in re endowments and the like). So as the Babks are also regulated by the FSA I think that they are on weak ground with the 6 years business.

 

Lola

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its probalby best to also inlcude the limitations act 32.1.b and c.

 

Proving you made a mistake in paying the charges (32.1.b) is relatively easy.

 

Proving concelament is also possible (32.1.c)

 

If you invoke these and the court agrees with you there is no limitation period at all.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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defence now sorted, thanks to the guys that have contributed...Just need a few words now about LA and then await the AQ and defence sent from the court..

 

After a lot of thought i have decided not to post it up for now. Various reasons for this but the main one is the constant monitoring of the site, i believe, and therefore don't feel that i want to give them an advantage.

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Jos... do you really think it's got that bad on here?

 

My other half doesn't use this site... but is often joining in when I am discussing things. He thinks that there may be some influence from the banks on here.... I thought he was being silly. What do you think?

 

Anyway... Good luck with your defence. I haven't had to go that far in any of my claims yet... but I am sure I soon will.. Quite scary!!

Moodle

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I'm not sure about any influence, but if i were to work for Cobbetts i would be on here every day. They can quite easily work out what the next move is and pre empt anything that we do..

 

Maybe its me being paranoid.. I don't have a Tesco Clubcard for much the same reason...LOL

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ROFL tesco clubcard!!!

 

Anyway i think without doubt they are on here but then again they have to decide whether the info psoted is right or not and it can work both ways.

 

I have certainly posted or not information on my claims to 'help' the defendant see my viewpoint at times. whether it works or not is debateable,

 

i guess they may pick out certain threads/posters as worthy of monitoring, i dont for one minute think they read every post on every thread related to the relevant banks.

 

Perhpas we could ask one now!

 

glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Can you read it if you are not a member? OOoo you could be right... yes, Cobbetts could have snoops to check out what we plan and look for any loop holes in our defence...

 

With this whole defence thing... Do you have to start preparing your own defence when they submit theirs? Or do you have to wait for the court to allocate a date for a hearing? I am not clued up on this yet as I haven't had to go that far.

Moodle

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Maybe its me being paranoid.. I don't have a Tesco Clubcard for much the same reason...LOL

 

I don't have one either. They collect a great deal of info, those cards do, and use it to target sales right atcha...sorry, improve customer service to a personalised level.:rolleyes:

 

They have helped Tescos to dominate the supermarket sector and greatly improve efficiencies in its supply chain...but I still don't want them knowing when and where I buy my smokes, nor how often I top up my mouthwash! (and yes, it can get that precise).

 

Josa, if they were looking that closely, I think they would have come up with a better strategy by now!! Like rolling over and coughing up the cash straightaway, to save money!:D:D

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Just a note on what the banks, card companies ect might be doing on their lunch hours. Well i spoke to someone at Online Finance the other day regarding my claim, and i made reference to CAG on the phone (i have also been plastering the CAG logo all over the letters i send, and envelopes ect, and by the tone in the guys voice and the snearing way he sniggered and said "yes we are all very aware of the consumer action group here thankyou"

It kind of made me think that the guys watching my posts, ok maybe a bit paranoid, but he was very cocky and snearing, too much so if he didnt actively watch or cause trouble on here.

If i was Cobbets or anyone else, i would be, im not sure whether they could actually use anything from here in court though (i doubt it). Though it would give them good ideas on what we are planning.

Me myself, im changing tack now i have had responses back from my SAR's, im afraid i wont be publicly posting any letters i send until a few weeks after they have been posted.

I will just PM certain members to look them over :p

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

Online Finance - Case Charge+CI+Damages+costs

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Better make sure our spelling & punctuation's up to scratch, then.

 

:D

 

I don't care if they're watching or not. Was a Hitchcock movie any the less frightening because you knew who'd done it from the start? Are their charges any more lawful because they know we're coming after them? Is the UTCCR, UCTA, DPA, CCA, various precedents and the principle of common law any weaker because they know we're going to use them?

 

I don't think so. They should be the more worried because there are people who know, or suspect, that someone is engaged in monitoring this site, like some kind of deranged communist party overseer with no social life and personal hygiene problems, and are continuing on with confidence anyway.

 

No matter how many people watch, it doesn't matter. A properly-prepared case will win - and thousands have already gone down that winning path.

 

Any watchers out there would be better employed thinking about how they can make their systems more efficient. Sucking-up suggestions like that will be handy to have on your CV if any cost-cutting redundancies are called for.

 

JMHO

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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lol@that westy :lol:

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

Online Finance - Case Charge+CI+Damages+costs

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The tenacity shown by members of this site is commendable and should threads be studied by the opposition, if they had any sense they would advise their defendants / organisation to pay up and save themselves a shed loan on costs for starters. I say keep the thread rolling , with the help and support Ive witnessed on this site, let them do their worst , I bet it still wont be good enough. Cobbetts must be absolutely cleaning up , their partners will be on the rich list next year !!!!!

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I'm finding Cobbetts increasingly pleasant people to deal with.

So long as you keep it 'nothing personal - only business', they're cool.

the bonuses probably help, though!

W

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Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Recieved my N150 from the court, duly completed. Now a question or 2..

 

My deadline is 16th March to send it back to the court. What are the advatages, if any, of sending it back today.. both to Cobbets and the court.

 

So to the court and Cobbets i will send:

AQ

Schedules of Charges (Updated)

Draft Directions as per BF Thread.

Reply to the Defence..

 

Is that it?

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Recieved my N150 from the court, duly completed. Now a question or 2..

 

My deadline is 16th March to send it back to the court. What are the advatages, if any, of sending it back today.. both to Cobbets and the court.

 

So to the court and Cobbets i will send:

AQ

Schedules of Charges (Updated)

Draft Directions as per BF Thread.

Reply to the Defence..

 

Is that it?

 

 

I would send it back today mate.

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So to the court and Cobbets i will send:

AQ

Schedules of Charges (Updated)

Draft Directions as per BF Thread.

Reply to the Defence..

 

Is that it?

 

Hi Jos... glad things are moving along for you.

 

I didn't know you had to send a copy of the AQ to cobbetts. I thought the court did that... and I didn't know you had to send another schedule of charges etc...

 

I followed the instructions in the step by step bit... have I missed something???

 

Sorry for sounding a bit vaugue on this. I have filled in 3 Aq's before... and each time I have just filled it in & handed it to the court with the £100.

 

Now I am worrying that I have done it wrong... ARGGGHHHH!!!

 

Maxine

:confused:

Moodle

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Hi, Maxine

 

Has anything happened in the case with the AQ you filed but didn't copy? If nothing yet, send them a copy of it, quick!

 

Best wishes and adios

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Personal choice i think Maxine. I just felt that while i'm sat here for another 10 days waiting for the deadline to approach, i may as well put the cat amongst the pigeons and send it over to Cobbets and see what happens.

 

Along with my reply to their defence. After all, they are waiting for me to give up, and if i send it they will then know that there isn't a chance in hell of that happening....

 

Just playing a few games to be honest. One of my learned friends described it as a game of Poker, i want to start playing Bluff..:)

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Bottled it today.. yesterday i faxed over a letter basically trying to show willing and settle without 'using the courts valuable time and resources'.... but then i think i fluffed it and told them that they had no chance of winning and giving them the new total with up to date interest....

 

Oh well, time will tell...

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:lol: lol

 

ahhh well like you said time will tell, it all looks good to the judge because him/her will see that (if it comes to that) that you have made every possible effort to come to an agreement and its the other side that has acted unreasonably mate.

 

stick with it

 

johnny

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

Online Finance - Case Charge+CI+Damages+costs

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It could certainly work in your favour Jos, afterall you are offering not to drag it out any further, and they already know they have no chance of winning.

 

Like you say......time will tell.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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