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    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  So brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details so first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it ,this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025 so slightly longer than the original tax set up so all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. So I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled so I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
    • That doesn't look like clacton ... Former Brexit Party leader Nigel Farage buys coastal home in Lydd-on-Sea WWW.KENTONLINE.CO.UK Former Brexit Party leader Nigel Farage bought a coastal home in the county, it has been reported.  
    • It's not a private road.  It's a small public street (with Resi houses) that leads into and from public road/ highway. The garages have land in front of the doors.  Then there's a yellow line. So there's a clear marker on what is private and what is public.  These people keep parking on the private land side
    • Do you also own land the garages on and the private road? Or is it shared freehold with right of access to all freeholders or why?  Dx  
    • I may try cheap plastic bollards (traffic cones) first just to see if they get moved.  I will look into the cost of fixed bollards.
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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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Credit AGREEMENT -or- APPLICATION? RBS Advantage Card


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Dear me, how much confirmation do you want that the Littlewoods one is not enforceable. I've told you on another site that it lacks everything an agreement needs, but clearly you don't believe me. If that's the cast, then why ask? :x

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I don't mind people asking advice at all, but to keep going from site to site, and board to board, asking the same thing, is just going to annoy people. Even on here you've posted it on more than one board with no time at all for people to reply.

 

I's just bad manners.

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I don't mind people asking advice at all, but to keep going from site to site, and board to board, asking the same thing, is just going to annoy people. Even on here you've posted it on more than one board with no time at all for people to reply.

 

I's just bad manners.

 

i have already said i am sorry.

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Calm it down you to, everyone knows what it's like to be at the bottom of the heap getiing told all kinds of crap by the creditors who may lie (no really), you want lots and lots of reassurance. First lesson of counselling Ian dont get annoyed with the client

 

Mike

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If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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I'm not a counsellor so that's irrelevant.

 

When I see the same agreement posted on different sites, and give the same comments (that it's unenforceable due to no prescribed terms) only to seemingly be ignored, it's annoying. We help each other on these issues for free and in our own time, and if people won't accept what they are told, then what's the point of asking?

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Where ignorance is bliss tis folly to be wise

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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Just to pour a little oil on the argument in the last few posts above....err could I have another (just a second) opinion on whether this is an agreement or application

http://img.photobucket.com/albums/v456/Nicole99/MBNA-2.jpg

 

Have posted on my thread and received one reply already

http://www.consumeractiongroup.co.uk/forum/mbna/72390-mbna-default-ref-r-7.html#post1086145

 

Just want a second opinion before I open fire on MBNA

I think going by the knowledge I have required here it is an application, and unenforceable due to no prescribed terms and being 97% illegible

Also they didn't sign, just stamped it as received in July 1998.

They enclosed recent terms & conditions, not the original ones either.

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Had what is obviously the original application forms for a barclaycard visa and a barclaycard mastercard cards from barclays. None of the prescribed terms seem to be on it and they have sent a separate sheet with t&c's on it. They even refer to it in the letter attached as a "application credit card agreement" surely they are taking the mick lol.

But the best CCA response is citicards who didn't even send an application just a load of waffle and a set of the current terms and conditions and stated this fufilled their obligations under the consumer credit act!!!

These companies need to understand that they will have to start taking the CCA more seriously and that consumers are becoming more savy.

Go CAG

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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Hi - I'd appreciate opinions on the below - I don't think it looks like an executed agreement AT ALL - so I'm looking to have the case thrown out at my court hearing!

 

Can the T&Cs on the flip side of this original be admissable (not that they've YET' sent these to me!)? Naturally if they produce ANY T&Cs it requires my signature, yes? Else they could have plucked them out of anywhere?!?!

 

On with the show - thanks in advance, ALL:

 

marbles3_0001.jpg

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not enforceable as it doesn't have the prescribed terms in it. No reference to Terms and conditions on it so can't be linked.

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Hi there,

 

I have a thread under " Illegal CCJ on Account" elsewhere.

 

I was in court yesterday at a determination hearing, & have been given more time as CL Finance havent furnished all the neccessary statements I requested with a SAR in order to work out charges which makes the amount inaccurate that they are seeking from me.

 

Now to the point:

 

I was sent my CCA, which is in the form of an application form but it does have some APR terms on & it was signed by GE Money(albeit a squiggle!).

 

The thing is, the terms & conditions they sent me with the application/CCA were just a photocopied sheet of info. One small paragraph that they had highlighted in green was the only thing that stood out. Sorry Im at work and cant remember what this info in paragraph was.

 

In addition, I am certain that they changed the card a couple of years ago, which they sent me (you know, different design that sort of thing) but I wasnt in receipt of anything I had to sign for, for the new one .

 

Does this mean anything significant at all? Should I have signed any new form for this? If so they havent sent it to me.

 

I have to amend my defence & counterclaim very soon so would very much appreciate your advise & expertise.

 

Many, many thanks

Electric Lemon

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thats damn near the exact agreement i was sent by the AA Finance department, around the same date too.

 

Everything appears to be there, but in my case the APR was wrong, maybe someone can work this out for you?

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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take your bank details off the form and repost though!

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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