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    • Might be worth passing story to RIP off Britain?
    • Thanks, I've had my fill of this lot. What makes me so mad is that I had to take out student loan to get any DHSS help. And then when I tried to help myself and family they presented obstacles.
    • there is NO exposure if you simple remove your name address/ref numbers etc from docs, over 10'000 pdf uploads are here. which then harvests IP addresses off of the people that then do so..which is why we do not allow hosting sites. read our rules and upload carefully thats exactly why we say capture as JPG, redact, then convert/merge to one mass PDF. then online sites to achieve that we list do not leave watermarks.  every once in a while we have a user like you that thinks they know better...we've been doing it since 2006 with not one security issue. thank you.
    • was at the time you ticked it  but now they've still not complied . if you read up, here , you'll see thats what everyone does,  
    • no they never allow the age related get out, erudio are masters at faking supposed 'arrears' fees which were levied before said date and thus null its write off. 1000's of threads here on them!! scammers untied that lot. i can almost guarantee they'll state it's not SB'd too re above, but just ignore them once sent. dx    
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    • If you are buying a used car – you need to read this survival guide.
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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.

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    • 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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Help composing letter to solicitor, please?


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:grin: Scrape me off the ceiling - MY CHEQUE HAS ARRIVED FROM ABBEY!!!!

I really can't believe my luck.

 

 

:D WAHEY! :D

 

 

GREAT NEWS HOPEFUL1 !! I am so chuffed for you :-D :-D

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Hopeful........I have PM'd you....

 

C O N G R A T U L A T I O N S

This could not have happened to a nicer person...

I am so pleased for you..

I think I will join you in a little drink this evening, just to be sociable you understand.....

x x x x

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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WOOHOO :D

 

Congratulations Hopeful1, I'm so pleased something's going right for such a nice person as you. You've tried so hard helping and supporting many of us whilst going through all this hell yourself. You deserve it.

 

*hugs*

 

BB

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Great news indeed...very well done :D

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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I had a night off last night i was so exhausted. I've just read all your messages of thanks and feel all emulsional again :D

 

You are all so very kind. I really feel like i've lived life by the seat of my pants recently. I can't believe how lucky i've been.

 

I don't believe in regrets, but i do believe in learning from mistakes. My life is changing in so many ways, not all of them planned, but i'm seeing it as a chance to start again in a positive way. You guys are playing a massive part in this - the story certainly does finish here!!

 

Love and best wishes to you all ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Can anyone advise me plese?:

 

The mortgage arrears were paid last Wednesday. I was due to attend court on the 20th Aug.

 

Spoke to mort. company on Friday, they confirmed payment received and

rang solicitors whilst i was on the 'phone to inform them.

 

I've received a letter today from the solicitors saying they're making "an application to court for the possesion action to be adjourned generally liberty to restore. There is no need for you to attend court on the date which had been set for the hearing of the Possession Summons, however the court will require your consent to the application for the adjournment. Please therefore endorse your consent to the adjournment on this letter and return as soon as possible for the production to the court on the adjournment applciation."

 

I've underlined the main bit that confused me. Can anyone explain what it means exactly? I don't understand why it is being adjourned and not cancelled altogether. Does it mean that it is straight to court if i were to get behind again (which i obviously plan to avoid at all costs). Will this be marked on my credit file? I just wanted to check before i agree to anything.

 

Thank you in advance!

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hopeful1 I don't know the answer to your question but I just wanted to pop in and say I am continuing to think about you and support you xxx

 

I'll keep watching as I'd like to know what this means myself; IMHO its not at all good if it DOES mean they can fast track you to Court in the future, and if it IS that, well I don't think its very fair at all :confused:

 

You're so right not to agree to anything till someone on here with knowledge about this can advise you.

 

Good luck

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Thanks Spiritgirl. It just feels like you make a mistake, rectify it, but are never quite forgiven or allowed to forget it. Never mind, there's worse things happening in the world.

 

..it's still annoying though :mad:

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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yes it means if you default again they can then enter the case back to the judge for a hearing presumably to evict if this was the origional intentions ,so keep up the payment you can afford and if you do get into dificulties go and see whoever and explain the reasons why but it is advisable you see them before you leave it too late to stop the action well done you now have your home good luck in your future

patrickq1

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Thanks Patrickq1. I'm surprised because it was a suspended possession order they were after in the first place because i'd maintained my repayment arrangement. I thought because i was cleared in full (in fact i paid slightly over) it would be 'game over'.

 

Oh well, i best sign that letter :(

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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that under S117A(5) SSAA 1992 the proceedings be adjourned generally until such time as the decision is known. The claimant then be at liberty to restore the proceedings.this really means that the mortgage company know if they try to enforce any sort of court action they would more than likely end up with massive cost that cant be held against you and it is sensible to drop the case with the agreement that both of you have satisfaction.........dont worry you wont have anymore comebacks and you can go about living a normal and healthy and happy life so stop worrying nout to worry about ok here is some other cases just to give you a good sense of how the judge sees things( or google the meaning of what they say )The Court Service - Court of Appeal - CIvil - Judgment

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Hiya Hopeful1 :)

 

Get a free initial consultaion with a solicitor to clarify matters, and see if anything can be done to prevent them doing this again if anything goes wrong.

 

Try and put this behind you *hugs*

 

Good luck and best wishes,

 

BB

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Thank you all. I've been out most of the day with my little one, but will have to deal with this tomorrow. Sometimes it's good to take some time and a deep breath. It's amazing how different things can look.

 

Much appreciation as always ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi,

 

Nothing to worry over, unless you really like worrying in which case worry away ;)

 

The word adjourned in itself means to postpone or break of with intention to resume later. As far as my understanding is (I am not a lawyer) the wording "adjourned generally liberty to restore" is a legal term used to say that if things get back to where they were (ie. you being behind) they can resume the case against you. It would probably mean less paperwork, but I think they still have to give you notice.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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Hi,

 

Nothing to worry over, unless you really like worrying in which case worry away ;)

 

No, i certainly don't like worrying! I often have a day of extreme emotion either through worry, upset or anger, but i'm good at giving myself a good talking too and getting back on track. This site is very theraputic for 'getting it out of my system' as people here know far more about my situation than anyone else i know.

 

 

Anyway, feeling positive today and have sent off my signature to say i agree to adjournment. Am focusing my energies on Barclays, who are not playing nicely...but more about that another day. It may even be worth a seperate thread!

 

Best wishes ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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RECAP RE LITTLEWOODS POST SENDING CCA:

 

BEG. JULY - LETTER FROM L'WOODS CONFIRMING NO LONGER PURSUING DEBT

 

BEG. AUG - MOORCROFT SENT LETTER CONFIRMING UNABLE TO SUPPLY CCA AT THIS STAGE. 1.00 RETURNED. ASKED ME TO CONFIRM I HAD RECEIVED GOODS AND TO ARRANGE PAYMENT (???)

 

YESTERDAY - 'PHONECALL - I WAS SHOUTED AT BY SOME WOMAN AND TOLD THEY DON'T NEED A CCA FOR CATALOGUES AND I NEEDED TO PAY.

 

I TOLD HER I'D HAD A LETTER FROM L'WOODS BUT SHE KEPT ON SHOUTING. I TOLD HER IF SHE WAS JUST GOING TO SHOUT AND NOT LISTEN THERE WAS NO POINT IN ME TALKING TO HER AND I PUT THE 'PHONE DOWN.

 

I HAVE A 4 YEAR OLD - HE DOESN'T HAVE TANTRUMS LIKE THAT. I LAUGHED BECAUSE I COULDN'T BELIEVE SOEMONE COULD BEHAVE SO BADLY - A GROWN UP! I KNOW OTHERS HAVE HAD LOTS OF EXPERIENCE OF THIS, BUT THIS IS MY 1ST TIME - I WAS A PURE VIRGIN OF RUDE DCA ABUSE :p BUT NOT ANY MORE!

 

THE BEST OF IT IS, SENDING A S.A.R TO LITTLEWOODS IS NEXT ON MY LIST. I'M NOT TOO FAR OFF BEING IN A POSITION TO MAKE A FULL AND FINAL OFFER....TO LITTLEWOODS, NOT TO MOORCROFT :D

 

SORRY ABOUT CAPITAL LETTERS, BEING A LAZY TYPER.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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:D I was about to say you are not on the phone call with that woman so turn off the caps and stop shouting LMAO.

 

Only catalogues which are mail order, ie you pay in advance or those that invoice do not need a CCA, all others do. Utter nonsense as you parobably already know.

 

Something which I found very useful was to say I am going to record the call. Surprising how they respond. Most get shirty and say that it is illegal to record the call, to which I calmly explain that I can record the call as long as I have let them know :) ... virtually all the spoil sports usually hang up :D

 

Most answer machines let you record the call and you can also get some softare that records the call on your computer.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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Hiya Hopeful1

 

LOL you should have told her to go and sit on the naughty step till she calmed down :p

 

Good luck for when you get your S.A.R. and can finally get rid of them once and for all eh?

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Hiya Hopeful1

 

LOL you should have told her to go and sit on the naughty step till she calmed down :p

 

I so wish i'd thought of that one! I wish i had timed it to see how long she would have gone on for!

 

Good luck for when you get your S.A.R. and can finally get rid of them once and for all eh?

 

Oh without a doubt. I will be extra sulky from now on and give them the 'ARC' treatment ie ignore them altogether! I shall only deal with Littlewoods...so there :p (runs off stamping feet)

 

Love Spiritgirl x

 

Thanks for advice Moonhawk re call recording. Certainly worth looking into :rolleyes:

 

Hey! BB Hope you're ok ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Well, hi to you all. Here's an update:

 

Today's postal delivery was very negative and disappointing:

 

BARCLAYS :(

.Unable to accept my repayment offer for overdraft (they have now shut the acc. altogether).

 

.They've kindly recommended that i contact CAB or CCCS.

 

I've composed my letter, thanking them for their advice and recommendations. I've enclosed my budget sheet. In response to the "respond to this or further action may be taken", i've basically said "Bring it on" They can't have what i haven't got. I shall continue with my payments.

 

EMPIRE CATALOGUE :(:p (paying them anyway)

They've sent a very defensive letter in response to my CCA request. They've enclosed a 'standard agreement' which i would have signed (??) They've also corrected me "we are under no obligation to provide a facsimile copy of a signed agreement. The regulations only require us to provide a copy of the agreement and it is not necessaryto provide a signature box. I refer you to Regulation 3 - consumer credit (cancellation notices and copies of documents) regulations 1983 (SI No.1557)"

Any equally smartie pants responses i could make would be much appreciated :D

EGG :(

Refused to refund credit card charges. Usual guff - we believe charges are fair, represent a genuine pre-estimate of loss caused to Egg by those who break agreement blah blah blah

 

So there you go. Any opinions or comments will be appreciated as always.

 

;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Suggested Empire response:

 

Dear Sirs,

Thank you for your response to my request under the Consumer Credit Act section(s) 77 / 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement.

 

As you must realise this agreement does not conform to section 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

As this is the case I will of course be making no further payments on this agreement, any further action on your part to enforce will be vigorously contested.

 

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

I shall also be considering further action to recover unlawfully applied interest and charges that may have been levied on the “Agreement”.

 

NOTE: You won't actually be doing the last bit, you are just stating that you are considering it.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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