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    • or go really bold ... Further to my request for a copy of the agreement you refer to on ( date) I made a section 78 request pursuant to the Credit Consumer Act 1974 to which you have yet to reply or respond. Pursuant to the Credit Consumer act 1974 section 78 (6) If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement.
    • Pers I'd stop paying the lot and get each defaulted by a dn issuance.  Defaults can't hurt future renting no Only ccj's Can't keep saying the same answers.    Dx        
    • Ok thank you. That’s where we are getting confused, as we’re not sure where we stand legally. But we’re still unsure who we should be going to now, the dealer or the finance company? I’m assuming the evidence we have (the reports from Mercedes) showing that the fault was there when we purchased would be sufficient to prove this? To be honest we would prefer to send the car back completely as are now concerned more problems may arise.
    • No no - I would complain via the CEO and Directors Office.     They sorted it in less than 24 hours for me. Complaint closed and compo issued. Info removed from CRA This morning. Credit Karma updated for me instantly almost.   
    • Hi, Thanks a lot for your valuable advice and apologies for bit delay in providing some additional information as requested before. I was also looking at other threads to get some more knowledge, apologies if my questions have already been answered in some other threads and I have missed them. I would appreciate if you can guide to relevant thread to help navigate easily. If I opt to go down the route of availing BS option, I'd find it more convenient if I do it in parts i.e., applying with 2/3 creditors at a time. Is that even possible in my case? I understand that DN might be the best option for me but I am trying to avoid this route as much as I can. I am currently living in a rented property with wife and 3 kids and I am not how this is going to play out in future if we decide to move to some other area. How will DN impact my intention of getting house on mortgage (dream as of today) after 6 years? If I go for DN strainght away, do I have to do it for all debts? for example, can i leave one active credit card out of this DN? what can i do if I go for DN right now but my financial situation improves in 1-2 years due to better job or promotion etc.?  Here are the details of my debts. Let me know please if you have any questions. Regards, MM Overdraft Halifax - £2,500 Starling - £500 (I can settle this immediately to keep this account active as back-up for salary and other priority expenses like rent, council tax etc.)   Personal Loans - Outstanding Amounts - No defaults or missed payments Plata - approx. £27,000 BetterBorrow - £3,450 Zopa - £14,000 Reevo - £2,800 Updraft - £2,230   Credit Card - Balances - No defaults or missed payments except those noted Virgin - £6,100 (This card is suspended.) Halifax - £5,474 (This card is suspended.) Barclays - £5,400 (I am currently on a fixed monthly payment plan of £232 for almost a year now and missed last month's payment.) Aqua - £3,100 Fluid - £2,100  
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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.

      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
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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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40 days & No Response, Also!


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you just put the type of charge in the 1st column amount in the next then the date in the 3rd .... you must use the format of the examples ... the next 2 columns work themselves out for you

as you click on each box whatever is in them is overwritten by what you type in

 

When you print it out it just prints the document on however many pages it needs to complete the spread sheet

 

Hope that helps

saint

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Update.

 

I've managed to sort out the spreadsheet issue, I've hidden the interest column & have sent it together with your 2nd letter, Recorded Del.

 

What I did also, as you said not to mention the interest, is to delete those lines in your letter which refers to the interest. So I have said that I am claiming the sum for the bank charges only. Is that correct? :)

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Dont Give Up Deedub - They Will Pay up!!

MANY THANKS,

BLUE.

Barclays:

Data Protection letter sent 22/11/06

Prelim approach letter sent £1720.00 22/12/06

Bank offers me £1000.00 to settle 20/01/07

LBA sent 23/01/07

New charges added

MCOL filed £1780 + £310.26 + £120.00 = £2210.26 09/02/07

Court Date Walsall County Court: 17/07/2007

Barclays Case Settled and *WON* before court

Halifax:

Data Protection letter sent 28/11/06

Prelim approach letter sent £1325.00 08/02/07

Halifax Case Settled and *WON* before Court

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Hi, am just editing the LBA letter & wanted to make sure that I should edit out the interest part & not include it in my charges sum. Also, when you say 'date of first letter' I think you must mean 2nd letter. Is that right?

 

Thanks again, :)

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Just another quickie. If I proceed with the court action would Barclays ask me to pay back my overdraft? I ask as I wouldn't have the funds to do this. Thanks.

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No they wont, and they cant take action against you for taking action against them, i.e account closure or withdrawing O/D facilities.

Although it does say in the terms and conditions that the bank can withdraw the overdraft at any time, if they were to do this while you are in dispute with them it would look like an act of retaliation.

 

They would like you to use the repayment to clear the debt, and if you can it would be advisable but it can not be an order,

repayment of charges + interest etc are settled on your terms NOT theirs.

If you want it paid to another bank account that is you choice.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Ahh, thank you very much for clearing that up, I'll post the letter tomorrow.:)

BTW, if I used my claim money to clear up my overdraft I'd still be in debt to them!

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Hi folks, have received a letter today from Barclays informing me of the OFT case & that if I issued a claim via a court then they would order a stay. The letter was quite friendly actually. I know you said to continue to issue a claim, shall I still & would I still have to make an appearence at court, or would I be notified of a stay from the court via a letter?:)

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Who is to say that the Court will allow them to stay the case OR that the judge cant be persuaded to lift the stay ?

 

The thing with continuing on to court is that even if B's get a stay then atleast your in the system PLUS its actually getting the interest :)

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Hi guys, well, I've been a bit held up & am not sure where to look to proceed. I've earmarked the New POC for N1 Barclays. I understand I have to make 3 copies of this but, what else do I do please? Should I be looking at a topic somewhere? Have got a bit lost I'm afraid.:confused:

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