Jump to content


  • Tweets

  • Posts

    • Paint is a free programme on any Windows PC. But don't worry, the choice here is not either perfection or nothing. As you say, use your scanner, save the file ... and then use the "choose files" option when you post to CAG to add the file. We can do all the redacting and converting to the correct file type at this end.  The important thing is just to get the info to us. Why not do an experiment this afternoon and see if the above works?  
    • I see they're trying to round up asylum seekers and lock them up for about three months so they can be put on planes to Rwanda. I'm a bit surprised that this is legal.  
    • thought for the day "Prime ministers need a big strategy that tells you where you’re going, you need a bunch of tactics that get you there, and you need the ability to take everybody else with you."   Now I know you are all thinking 'why is the  UKs destination Rwanda ???
    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
  • Recommended Topics

  • 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
        • Like
  • Recommended Topics

Help! Catalogue Charges...


kirsty19
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6152 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello guys,

 

I recently ordered some items from Studio/Ace catalogue around Xmas time. I didn't get everything I ordered, therefore making things hectic as I had to go elsewhere to complete my gifts bought.

 

I was quite annoyed by this as its was quite unprofessional by the catalogue. Maybe they were out of stock ? When I got my bill I didn't pay right away as I was disappointed not to get everything, plus I was on benefits. The bill was only around £15.00 in total. Now I am being threatened by a company called Moorcroft Debt Recovery Ltd for fees in excess of 65.16 + £20.00 admin fee (for sending ONE letter). I don't agree with this amount as these fees are really unfair/unreasonable.

 

I have been threatened with 1.bailiffs, 2.contact of my employer to recover funds, 3.property blacklisting and 4.court attendance.

 

What can I do, I'm only 19 and don't know how to deal with this type of mess...Any HELP would be appreciated.

 

Thanks,

Kirsty19

Link to post
Share on other sites

Hiya Kirsty,

 

The best thread for you to be on is this one

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/

 

There are plenty of other people claiming from studio here.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

Kirsty

Its a well known fact that Studio do not hold agreements and therefore I would CCA Moorcroft- letter N general templates send recorded delivery with a £1.00 p/o or cheque, include the sentence your obligation extends to providing a list of transactions. They have 12 working days to respond + 2 days, after this they are in default a further 30 days they have committed a criminal offence and you can report them to OFT, TS, ICO. Don't worry. Studio have been the easiest to reclaim charges from because they have totally cocked up by not having any agreements completed. They sent me an unopened agreement and tried to tell me that OFT said it was OK. When you have had any further communication come back if you need any further help.

 

good luck.

Link to post
Share on other sites

Hi,

 

Thanks, thats great news. Where would I find the template letters ? How do I CCA Moorcroft ? Is the £1.00 P/O or cheque to cover the cost of them posting me a letter ? Who are OFT & TS ? I struggle a bit to navigate around this website - I only joined yesterday :)

 

Sorry if I sound daft, but I am not great with legal stuff !

 

I haven't actually paid these amounts, but I have paid the original order amount...well, slightly more @ £15.00

 

I appreciate your help !

Link to post
Share on other sites

You need to enclose £1.00 p/o or cheque with letter then have it sent recorded delivery £1.04 to post. Don't sign your name, print it. Moorcrofts or Studio wouldn't go to Court or carry out threats, full of hot air. If you can get a cheque I would, Moorcroft's sent my P/o back to me, which is no good as it is made payable to them.

 

Dear

 

Account No.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement together with a list of all transactions.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79)I am entitled to receive a copy of this credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of the credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

Link to post
Share on other sites

Thanks Surprise,

I feel a bit better about things now !

 

Should I send one letter to Moorcroft and one letter to Studio (now ACE) ? Is the fact that I paid the bill, but not the charges in my favour ?

 

  • Charges = £65.16
  • Admin fee (for Moorcroft letter) = £20
  • bill = £14.00 (PAID)

I do infact feel I'm being bullied into the fees - that I don't believe are ethical.

Link to post
Share on other sites

Just need to send it to Moorcroft. If they are true to form, Moorcroft will hand it back to Studio. Then its a waiting game. Once you have sent the letter don't contact them. Don't speak to them on the phone. I would add a bit at the bottom of the letter, I will only deal with this matter in writing. If you have paid what you owe, don't worry. Studio's fees are extortionate, however, when challenged they have been refunded.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...