Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • stu007
      Are There Any Social Workers on CAG ?

      By stu007 · Posted

      Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • stu007
      Advice needed regarding Eviction

      By stu007 · Posted

      Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • stu007
      Eviction Time Again - Twice In 7 Months

      By stu007 · Posted

      Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Debt_Collector
      Summons to court for a S87 (1) offence

      By Debt_Collector · Posted

      Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
    • dx100uk
      Homeowner - Struggling to now pay minimums on unsecured debt

      By dx100uk · Posted

      stopping payments until a DN arrives does not equal automatic sale to a DCA...if you resume payments after the DN.  

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

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

      Picked By

      WanTToMoveOn,

    • 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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

1st Credit

thejanegirl

By thejanegirl
in Debt Collection Agencies

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5385 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

questioner

questioner

Posted
Posted

Now what does this tell us?

I asked again for a CCA and the crud have once again sent me the very same letter – WORD FOR WORD - which they sent me two months ago. It states that the requested Copy Agreement doc is retained by the client and that they will arrange for it to be sent to me as soon as possible. But that is what they said in the same letter before when all I received was the badly scanned copy of the page I mentioned before on this thread. I bet they will do the same again.

Now once again their standard letter states that they will send me something called a ‘Deed of Assignment’ if I so wish and charge me a tenner for it. What is this doc – is it something different to the CCA I have requested? I don't need it do I?

Is it me or are the crud now clutching at straws in this case as they seem unable to get the OC to send me a CCA. If so I suppose plenty of huffing and puffing to come when I halt payments. They also sent me a form to sign which effectively makes me pay them tokens for the next 70 plus years but I think I shall hold on to that for the moment.

It's getting quite silly now.

Link to post
Share on other sites
  • Replies 937
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

questioner

questioner

Posted
Posted

They do say ‘Deed of Assignment’ and then refer to section 136 of the law of Property Act 1925 which they say provides that the debtor is notified of assignment of the debt in writing and not the copy of the Deed itself. I feel this is all about trying to tie me in knots, or am I wrong?

Still, as I said before, they have promised the CCA 'before' and only sent me that poor single page scan, which is apparently supposed to impress me into towing their line for the next 70 years.

Link to post
Share on other sites
ODC

ODC

Posted
Posted

It is unlikely that you will ever see the Deed of Assignment as it contains detailed information such as how little they paid for the debt but you are entitled to have a letter assidgning the debt to these mongrels

Link to post
Share on other sites
ODC

ODC

Posted
Posted
But the querstion remains as to why are they taking so long to pull up a proper CCA which they have promised twice now.

Have you thought that the delay may signify that they do not actually have a PROPERLY EXECUTED CCA WHICH CONTAINS ALL THE PRESCRIBED TERMS

Link to post
Share on other sites
questioner

questioner

Posted
Posted

They are the ones who have been given a deadline in that they have so long to comply with my request or else I shall halt further payments.

I mean why should I pay if they cannot prove a debt via a CCA?

And if I get to settle up with other more polite debtors their nasty tactics will have failed them when they get ignored in that process.

Link to post
Share on other sites
ODC

ODC

Posted
Posted

i wonder when the bullying telephone threat monkeys at Worst Credit and the like will finally get the message. They threaten and bully people so much that they use this new fangled device called the Internet and discover that they are not alone. On the Internet you discover wonderful sites like this, you learn all about the CCA 1974 and 2006, The Limitation Act 1980 and now the wonderful Consumer Protection from Unfair Trading Regulations 2008 not to mention s40 of the Adminstration Of Justice Act. These of course are things that the greedy bloodsucking leeches do not want you to know about. They are not excuses for debt avoidance but merely the law of the land and the sooner Worst Credit and other alleged DCA bullies realise this the better. Hit them where it hurts - their pockets. Report them to everyone you can think of including your MP, OFT, Trading Standards and the media.

Link to post
Share on other sites
questioner

questioner

Posted
Posted

Yes that is good stuff ODC. In the old days folks thought they had to simply do as they were told and trust any letter that came through their doors but we are now thanks to sites like this finding out about DCA trickery. As you say it is not a matter of dodging responsibilities but just about knowing one's right.

 

Still awaiting the crud's CCA and I complained over westsnot to BT who seem to have chased them off for me. Both firms have acted like bullies and I am not accepting their abuse - no way ever!

 

DCA's listening - please note that many of us respond better to respect and logic rather than to your odious threats and intimidation.

Link to post
Share on other sites
questioner

questioner

Posted
Posted

The crud have gone to ground after my CCA request – no sign of the creeps.

Westsnot have also shown how silly they are too after all the nasty calls they badgered me with I recently discovered that the account in question was not even mine.

They are both a joke.

Link to post
Share on other sites
questioner

questioner

Posted
Posted

It’s getting quite funny now for the Crud has now sent me THREE identical letters all saying that they are asking for their client to sent me the CCA. Why, one asks, is the client NOT responding properly to THEIR requests? Can’t they find the bloody thing or what?

The last time was when they sent me the bad single page scan, which was clearly aimed at impressing me into believing what they told me.

Link to post
Share on other sites
questioner

questioner

Posted
Posted

Perhaps all of us folks who are still awaiting the crud to comply with our CCA requests need to ask them to give us written confirmation that they should now walk away for the alleged debts. If this cannot enforce them in court what is the point of everything else they now do?

Link to post
Share on other sites
trevor33

trevor33

Posted
Posted
MH aren't the brightest. As you've already advised them that 1st crud have been CCA'd, report them to Trading Standards and the OFT.

From what has been posted by other CAGers, TS and OFT do not seem to have any clout or may be they are very reluctant to enforce the consumer rights.

Link to post
Share on other sites
veryweary

veryweary

Posted
Posted
Perhaps all of us folks who are still awaiting the crud to comply with our CCA requests need to ask them to give us written confirmation that they should now walk away for the alleged debts. If this cannot enforce them in court what is the point of everything else they now do?

 

With no agreement all they can do is try to suggest it's immoral of you not to pay. Course it's just business and nothing immoral when they harass and bully people night and day to pay debts they can't even prove:rolleyes:. As BB39 says if they keep harassing, keep reporting them.

 

Send them a formal complaint when they default on your 2nd CCA request. They'll reply by sending you a letter which confirms they can't enforce the debt in court until they produce your agreement. If it's the same as mine then you'll also have the oppurtunity to take your compalint to the FOS:D.

 

Keep the letter safe in case you ever need it.:)

Link to post
Share on other sites
questioner

questioner

Posted
Posted

It really is a very odd state of affiars indeed. The Crud originally shout and scream at you - then when we ask for the CCA they back off and get all polite. I simply cannot beleive that such a cock-eyed and silly outfit can work like this is a society that has gone so radically overboard on officialising us all so much. They must be exposed and they must be stopped. Whoever brought in this CCA request law wants a medal.

Link to post
Share on other sites
Hman74

Hman74

Posted
Posted

I have sent CCA requests to 1st Credit going back to 2005! They never sent an agreement but STILL send demanding letters, CCJ threats, doorstep collections etc!

 

What can we do to stop these people writing harrassment letters, when there is no acknowledged debt??

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...