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    • Thanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe concenquences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points?
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
    • Please go back and read my message posted at 10:27 this morning @jk2054. I didn't say that I wasn't going to provide documents, only that I will upload them to an online repo that I am in control of, and that I would share links to these. You shall still be able to read and download them no different from if they were hosted here. And, the issue I have is not so much with hosting, but using an online pdf editor to create a multi-page pdf, again I have discussed this that same message.
  • Our picks

    • 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
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hello there maggiebroom!

 

Haven't had my thinking cap on for a while as it's all been silent here but id say your letter is fine myself. My approach has been that getting the creditor to admit in writing (hopefully with the help of the FOS) that they cannot produce a properly executed agreement is the goal to aim for. Personally, i haven't included in the FOS complaint about defaults etc as i know that once i get a 'we are unable to fully comply with your CCA request' letter from a creditor (i live in hope) that that will be sufficient to get the default removed.

That's the angle i am taking although others may have a different tactic!

 

I'd get that in the post to the FOS asap though as they aren't exactly fast workers!

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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hello there maggiebroom!

 

Haven't had my thinking cap on for a while as it's all been silent here but id say your letter is fine myself. My approach has been that getting the creditor to admit in writing (hopefully with the help of the FOS) that they cannot produce a properly executed agreement is the goal to aim for. Personally, i haven't included in the FOS complaint about defaults etc as i know that once i get a 'we are unable to fully comply with your CCA request' letter from a creditor (i live in hope) that that will be sufficient to get the default removed.

That's the angle i am taking although others may have a different tactic!

 

I'd get that in the post to the FOS asap though as they aren't exactly fast workers!

 

Hiya Maggie and Davy,

 

Davy you beat me to it. Letter is fine. and Davy I think the angle you are coming from is great.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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hiya HHNF! Thanks.. i have always liked my angles! :D

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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hiya HHNF! Thanks.. i have always liked my angles! :D

 

:eek: :eek: :eek: Yes they are great and so are your letters:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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tehe thanks.. never had any complaints over my angles. I'm not called Mr Darcy 3 times a week for nothing! lol ;)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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tehe thanks.. never had any complaints over my angles. I'm not called Mr Darcy 3 times a week for nothing! lol ;)

 

:o :o :o 3 times a week:lol: :lol:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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haha naughty! lol :p

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Thanks a lot you two :)

 

You have given me a good smile this morning. The letter is going personally to the FOS office today. It's only up the road from where we live. If I stand in my garden on a chair :D

I can see the actual building. And my stepdaughter lives about half a mile away, so no excuse for it not getting there is there.

 

many thanks for your prompt replies

 

maggiebroom :)

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Well My final FOS complaint has gone in, together with all the correspondence and the final count on the telephone calls. (well up to 17th October)

 

there have been many more since then and tomorrow I am going to officially complain to the police.

I have written and told Capital One this, but still the calls come.

 

Next week should be very interesting as I shall then have a police report number. The police are reluctant to deal with cases like this but I am going to insist they make inquires.

 

Another update when I can report on the police response.

 

maggiebroom :)

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I am so frustrated this morning.

 

Yesterday I tackled my local police station, and was almost shown the door. Some snotty nosed little civilian attached told me that this matter would be civil and not criminal, and I should consult a solicitor.

 

After sighing loudly at me, I pointed out the criminal offence page in the act I was still told that this was civil and not criminal. I then suggested that he was not properly informed of what was my right and after consulting with some vague authority in another part of the station he came back, and told me that it was not personally his fault and I should go away.When I mentioned the Police Complaints Procedure he actually laughed in my face. :mad: :mad:

 

My hubby had to pull me out of the station before I was arrested I was so incensed.:mad:

The Admin of Justice Act clearly states that harassment is a criminal offence. What is wrong with the authorities of this country that Acts are made and then ignored. These people are supposed to police (no pun intended) the laws of this land, not treat us like

something they have wiped off their shoe. I am absolutely so angry that I could spit feathers.

I went to the law enforcers of this land and was rejected.

We are now trying to make an appointment with the Borough Commander who my husband knows on a personal level through his community work. I don't like pulling stunts like this and embarrassing the man, but I will not be fobbed off by people who think that we the public should just give in. :mad:

 

We approached two local solicitors and were told that under £5000 they would not be interested. I am not interested in the money, but I want this harassment issued brought to the publics notice. I know we all experience it, but why can't we get support against what is an illegal act.

Just because they are big financial institutions does not mean they can just intimidate us like this.

 

Our MP turned out to be waste of time, and will not get my vote again. And Crap 1 are stepping up the ante, by increasing the calls every day. They are now up to 8 per day again, and already this morning within the space of ten minutes I have had three calls. It seems that my third letter of complaint against their harassment has been ignored.

 

I am going to try and contact the papers and Watchdog this afternoon. I don't know if they will be interested but I think some publicity about this situation for all our sakes needs to be more prominent.

 

If anyone is interested in television and newspaper couverage will they please let me know on this thread and I will happily pass over all details when I have contacted someone I know in the BBC.

 

I am determined to beat these a******** somehow.

 

My God I feel better after all that, but I am still furious.

 

maggiebroom :)

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ugh poor you! That stinks doesn't it! If you had told the police that your next door neighbour's tires were half a millimeter below the legal minimum or they hadn't paid their car tax for 2 days or brought back 2 bottles of scotch from France without paying duty on them, then the police would have been round to their house with police marksman and a sniffer dog the very same day!!!

 

Shame about the MP but that's politicians all over isn't it.

 

Keep going Maggiebroom! Perhaps a formal written complaint to the police station in qeustion wouldn't hurt and also the idea of the newspapers (if you can find one that is interested in the story) is a really good one. There's nothing that creditors or police hate more than bad publicity and i'd love to read your story in the national press!

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi davey

 

Thanks for your commiserations.

I shall do more than write a letter to the police station. If the borough Commander won't help I will officially take out a complaint with the Proper authority that polices the police if you get what I mean :D

 

I have already emailed watchdog. but like the FOS they only take the info and then use it if enough people complain, so I am not holding out much hope.

 

Hope all is well with you and that your are progressing nicely with your case. later today when I have done my weekly shop, I shall catch up with your thread and see how your are getting on.

 

maggiebroom :)

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Have been following this with enormous interest and admiration. Regarding the police problem, I suggest you ring them and ask for an appointment with a Duty Inspector (the title ? Inspector may be slightly different in Essex) but ask for an Inspector anyway - it is very unlikely that this will be refused although you may be persuaded to see a Sergeant instead - at least you will be dealing with a police officer rather than a Civilian, who, although may have spoken to a police officer when you called at the station, may not have repeated correctly what you had said therefore giving a wrong impression of what you wanted - there is a very thin line between civil and criminal in some instances. Also front desk civilian staff are known throughout the land to have some very stroppy, unhelpful members who hate the job but earn such good wages that they won't leave and do something they might like.

If this does not work you could ring their headquarters and speak to the Complaints dept (there are various different names for this department) they deal with complaints against police officers, not the civilian staff.

Another possible way to deal is to ring your local station and ask for an officer to visit you - I believe they are duty bound to visit you if you request it - they are in some areas. Once in your home with the officers total attention you might find things are better - but - if you don't get regular updates keep on at the officer and find out when his/her rest days are as no one else does their work for them when they are off/on leave/sick. Its a good idea to get the officers email address and find out who his/her Sergeant is in case of lack of communication as time goes by.

If all else fails their 'masters' are the Police Authority but I think you will have to have tried every other reasonable method before going to them.

Good luck.................

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Hi Suzy

 

Rest assured I shall keep at them as I am sure that this should be dealt with by the police, even if it is only a letter to Crap 1 telling them that I have made a report, and that this may be used in a court of law. I don't want them hauled away in a black maria (on second thoughts maybe I do :D), but they must be made to realise that they cannot intimidate people like they do.

 

It may stop them from harassing people in the future. I doubt it, but I feel very sorry for people who cannot cope with all their bullying,

 

I think the station officer is called the duty inspector, but the little snotface on friday was determined that I was not going to see anyone without his approval. He wasn't even a proper police officer for Gods sake. I agree with you, he probably did not repeat what I was trying to say properly, and if he thinks I have gone away quietly, he is very much mistaken. He till will be complained about.

Your information that i could have an officer visit me at home was news to me, but every avenue is better than nothing so many thanks for your help.

 

maggiebroom :)

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Just make sure they send a Police Officer and not a Police Community Support Officer (PCSO) who will just fob you off with tea and sympathy! If they question why you want a home visit say that you had such a bad experience with one of their front desk staff that you don't feel able to risk being treated so badly again! Home visits often suit them better if they are able to call within a wider time frame, that way they can arrange to give you the proper attention instead of leaving something which they don't want to leave because someone is actually at the station. Good luck.

I am a retired (friendly, helpful!) Station Clerk, so this is what I found in the Force I worked for.

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Just make sure they send a Police Officer and not a Police Community Support Officer (PCSO) who will just fob you off with tea and sympathy! If they question why you want a home visit say that you had such a bad experience with one of their front desk staff that you don't feel able to risk being treated so badly again! Home visits often suit them better if they are able to call within a wider time frame, that way they can arrange to give you the proper attention instead of leaving something which they don't want to leave because someone is actually at the station. Good luck.

I am a retired (friendly, helpful!) Station Clerk, so this is what I found in the Force I worked for.

 

Hi Suzy

 

Thanks for the advice. I was very upset with the station clerk. He was extremely unhelpful and obviously thought I was mad. He kept saying I should not take it out on him (which I wasn't) I am glad your were more amenable to people. I got the impression that I was a complete nuisance and they didn't want the paper work. I intend to make them take notice of me and I am going to see the Borough Commander as soon as possible.. My husband knows him by first name because of his dealings with the police so hopefully he will listen. If not I will go down the Police complaints procedure. i don't want to do that, but I am determined that Crap 1 will get their comeuppance.

 

I had a letter from the FOS the other day saying thanks but we have a lot to deal with and we'll get back to you in about 6 months time. Not really, but it felt like that. I am going to email them with an update on my harassment log which is now 6 pages long.

Crap 1 have started to increase the calls again. There were 9 yesterday between 2.00pm and 9.00pm.

 

Lets hope the FOS will take notice and stop the calls for me.

 

maggiebroom :)

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Crap 1 are now increasing their calls daily and are up to 11 a day. I have emailed a copy of the log I keep to the FOS and added a letter of complaint to my previous complaints. I have also written to Crap 1 with my third written complaint re the Protection form Harassment Act and the Admin of Justice Act but I think they will ignore that as well.

I am now waiting for an appointment with our Borough Commander to see what he has to say about the criminal offence side of this matter.

 

Another update when I hear something

 

keep smiling folks. :D

 

maggiebroom

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Morning joke coming up folks, have a good laugh at this little lot.:-D

 

I had a copy letter posted to me from Trading Standards yesterday. This is the script of Crap 1's letter to TS

 

Thank you for writing to me again re Mrs maggiebrooms account.

I understand we've been calling her even though she's asked us not to. I'm very sorry about this and I've now removed her phone number from her account. This means that Debitas legal service, which is an external debt collection agency, will contact her in writing to arrange payment of the debt.

 

There was a bit more of the usual waffle about complaints procedures and the cost of phone calls.

This is my reply to TS

 

Thank you for the copy of the letter from Capital One and when I have picked myself up off the floor from laughing my head off, I will endeavour to write some comments.

 

I am afraid that Cap One have been somewhat economical with the truth. The calls have not stopped and indeed have increased. I understand Debitas Legal Services are a subsidiary company of Cap One and are used as their debt collection agency. They are not an outside collection company. I have received two letters from Debitas since you became involved and the all other communications from them have been phone calls. I am still receiving calls from capital one itself and they share the calls between them. There are usually ten minutes apart almost to the second. I am enclosing a log of all calls received from capital one since 27th July. There is still a dispute in this matter and they have still added interest and charges to this account, and basically ignored the CCA 1974.

The matter has now been passed to the FOS and until they respond I cannot issue court papers regarding this matter. I am also making a firm complaint to the police the result of which I shall send you a copy of.

The OFT have stated that the paper Capital One sent me is a pre-contractual application form with no prescribed terms and irrelevant T&C's, therefore the CCA is unenforceable.

I consider that Cap One's handling of my complain has been nothing short of scandalous and I intend to pursue this matter to the bitter end.

Since the beginning of October and especially 5th October which is when Cap One wrote the above letter I have had a total of 90 calls and some that have not been logged.:eek:

 

Mind you I hope I am right. I am fairly sure that Debitas is Crap 1's own DCA

if anyone can add any information re Debitas I will be very grateful. Crap One's letter speaks for itself.

 

maggiebroom :)

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Thanks Midge. I have informed TS that they are Cap ones inhouse DCA and hopefully that will arouse their anger against Cap 1 and stir them into action. After all Crap 1 have made a fool of them.

 

However I also received in todays post a letter from the FOS (pretty Standard), that my case is being assigned to a caseworker who will keep informed of what is happening.

 

lets hope they get a move on. At least now Crap 1 will have to wait for the FOS decision, before they can do anymore. (I hope)

 

maggiebroom :)

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Hi

 

When Debitas last phoned me I said that I needed some good legal advice so could they help. Caller said that it was just the name of the company he worked for but couldn't help. So I said well why have a name like that if you don't actually offer any legal services. He hung up then lol.

 

Fos are really slow at the moment. I had a letter today to say that they were behind with one of my complaints and they would write again in 4 weeks to update me! the complaint was put in in JUly!!!

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Same here with FOS. Had two letters this morning telling me two complaints are delayed. Just copied them to my thread. :(

 

http://www.consumeractiongroup.co.uk/forum/mbna/57846-debt-written-off-due-14.html

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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I do hope you have filled in their survey on their site.

 

They are a complete bunch of timewasters to be honest. I am very dissapointed in them.

 

I have a big complaint against A&L and phoned the FOS who told me to put complaint in immediately. I did so then FOS write saying no final response from A&L so can't deal BUT they knew that when I phoned!!!!!!

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Thats OK

 

I like the off the wall banter sometimes. :)

 

I have sent the letter to the TS Office and for the last two days Crap 1 have not phoned. Are they psychic or not? :D Methinks they will now call me a liar.:)

 

Load of bankers anyway (scuse the language but I am no longer a lady when talking about Crap 1. They are so useless)

 

maggiebroom :)

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