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    • Irrelevant if its not in their particulars. Look the crux of the defence is that you are being billed for energy (most probably daily Standing Charge amount) after the previous owner left. So you want proof and dates from the claimant that pin points this debt was incurred by yourself after you took residence. Now we can throw in the the standard legal jargon that puts them to proof. The claimant is an assignee who bought the debt for pence from SSE/OVO they haven't a clue how it was incurred or by who and possibly wont have any paperwork to back up their pleadings. What did did you take residence...what dates are on the charge from when and to ?
    • Notify them of your new address when you move yes.  You should do this with all your creditors and twice with the DVLA (once for licence, other for car V5C) Limitation period is 6 years for private cases.  Don't worry about a CCJ. They're a punishment from the court. For that you'd have to: Get a letter of Claim. Ignore that and get a formal claimform. Either not defend, not meet directions or go to a court hearing and lose (highly unlikely when following the advice here) Get judgement awarded against you Ignore this and not pay in full within 30 days. Only once all that has happened is a CCJ registered against you.  
    • Yes, you should tell them by snail mail if you move, just don't give them your email address. I think they have six years to pursue this, hopefully they won't. HB
    • Ok, thanks for this and noted. I am moving house in a couple of months - should I notify them of this? Is there a limitation period? I've never had bad credit and a CCJ could jeopardise my job for being a moral hazard.
    • It's attached... what do you need to see? Parking Ticket.pdf
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    • 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
        • Like

Pink V Halifax


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After being directed to your site by a happy user a few days ago, I have decide to reclaim the charges made to my accounts by Halifax. I shredded all of my statements so have sent a DPA today, though they probably won't receive it until Monday.

 

I have read a few of the cases and the turnaround seems faster than I thought, GOOD! as that means any refunds I get can help pay off the debt I have incurred thanks to the charges by Halifax!

Halifax CCA letter sent 3 May

2 x CL Finance letters sent 3 May

Halifax and CL letters received 6 May

Halifax responded with valid CCA, but need to query default

CL Finance failed to provide CCA by 2 July - letter sent

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Good luck with your claim! i've just received a (swifter than expected) reply from the DPA letter. So fingers crossed they'll get their arse in gear for you too.

 

keep us all updated with whats happening, this is a great place to get help, i was extremely uncertain to begin with, but thanks to everyone here i'm so pleased and confident in what i'm now doing. :D

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Just been looking through statements from my new account, Northern Rock for any charges and have found that Sky have been taking monthly payments since last September. This is when my husband took over the payments, so I am about to contact them for a refund of a few hundred pounds. Hooray. Doesn't say much for me though, I never checked statements, but I will now, and its only thanks to this site that I have checked.

 

Northern Rock are great by the way, I dont have an overdraft on this account but have had DDs, cheques and debit card payments make me go over 0.00 each month (yes i am crap with my own money) but they have only taken one charge, which is for going over the overdraft, £28. Not one for each transaction.

Halifax CCA letter sent 3 May

2 x CL Finance letters sent 3 May

Halifax and CL letters received 6 May

Halifax responded with valid CCA, but need to query default

CL Finance failed to provide CCA by 2 July - letter sent

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Just checked on the post office website and Halifax received my DPA request on 31st of May.

40 days from then is 10th July. I'll be waiting.....

Halifax CCA letter sent 3 May

2 x CL Finance letters sent 3 May

Halifax and CL letters received 6 May

Halifax responded with valid CCA, but need to query default

CL Finance failed to provide CCA by 2 July - letter sent

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You seem to be doing everything right but I just wanted to let you know your posts are getting read.

Please keep us informed on your progress.

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.

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It would be for your benefit only, as 1st class letter are deemed to have been delivered in 2 working days.

 

Sometimes recorded letter are not updated on the RM website, but that doesn't mean they haven't arrived.

 

You can all get a FREE certificate of posting from your post office............

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 2 months later...

Bumping my thread as couldn't find it since last posting.

 

Have had all statements back except one account. Will sort that out at a later date.

 

Worked out charges and need to send the next letter.

If anyone reads this, does it matter that I have not stuck to time limits? e, i didn't immediately send the letter once I received the statements?

Halifax CCA letter sent 3 May

2 x CL Finance letters sent 3 May

Halifax and CL letters received 6 May

Halifax responded with valid CCA, but need to query default

CL Finance failed to provide CCA by 2 July - letter sent

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I don't think it matters - as you have not really started any action yet. i took a few dasy to go through and double check I hadn't missed any charges - good luck!

:-|Dan Vs Halifax

 

1/08/06 Prelim letter sent - claiming £1,614 :o

6/08/06 Standard letter received

15/08/06 LBA sent

16/08/06 Offer of £350 received

30/08/06 Money claim filed :)

 

5/09/06 Halifax Defending claim....

 

9/09/06 Halifax settled in full £1800 including costs :D :D

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