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    • and it will be also now written off under age related criteria anyway.
    • @dx100ukThanks 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 consequences 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? @Man in the middleI've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • 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
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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
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That's fine - whatever you say!!

 

I merely came on this saying are we sure it's a criminal offence, not civil?

I was then told there is no such thing as a civil offence - even though this is mentioned on statute. I gave excerpts from various bodies citing civil offences, but was till told there is no such thing.

Then I was told you can't be imprisoned for civil offences - and yet Prison Orders quite clearly set out treatment of civil offenders who are imprisoned.

I've been told I don't understand the law and I shouldn't be arguing about things I don't know about. I've received abusive PM's, which IMHO have no place whatsoever on a forum site.

All because I questioned posters on their opinions and asked them to prove their point - which so far, despite a lot of pointless ranting and raving, none of them have done.

It can be a criminal offence, a civil offence or offences against mankind for all I care - and I thank you Peter and others who have supported me and taken the time & trouble to try & help out on this.

The flowers would still be nice though Peter:D )

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That's fine - whatever you say!!

 

I merely came on this saying are we sure it's a criminal offence, not civil?

I was then told there is no such thing as a civil offence - even though this is mentioned on statute. I gave excerpts from various bodies citing civil offences, but was till told there is no such thing.

Then I was told you can't be imprisoned for civil offences - and yet Prison Orders quite clearly set out treatment of civil offenders who are imprisoned.

I've been told I don't understand the law and I shouldn't be arguing about things I don't know about. I've received abusive PM's, which IMHO have no place whatsoever on a forum site.

All because I questioned posters on their opinions and asked them to prove their point - which so far, despite a lot of pointless ranting and raving, none of them have done.

It can be a criminal offence, a civil offence or offences against mankind for all I care - and I thank you Peter and others who have supported me and taken the time & trouble to try & help out on this.

The flowers would still be nice though Peter:D )

 

I wish I knew who had sent you abusive PM's... totally out of order. As Peter says, debate is healthy and to be encouraged - and I most certainly won't get upset with someone for disagreeing with me! Anyone who does, must have a bit of a screw loose.

 

I would like to batten this down and will be making a few enquiries of my own; but I like Peter's latest offering which is that there are two meanings of the word "civil" depending on the context...

 

p.s. I am absolutely certain (with no shadow of a doubt) that failures under s.77/78/79 of the CCA are *criminal* matters.

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I also would like to know who sent you (LB) abusive pm's ?

 

Whoever it was, should be ashamed.

 

The whole point about the BAG/CAG is to support each other...help each other and discuss issues re: Consumer Credit Agreements.

 

Let's get back on track!!!

 

One thing that would be immensely helpful would be, to find an established case law that we can throw back at TS, the enforcers of the "Act", thereby put the pressure on for prosectution.

 

AC

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One thing that would be immensely helpful would be, to find an established case law that we can throw back at TS, the enforcers of the "Act", thereby put the pressure on for prosectution.

 

AC

 

As the offence under S78 is only triable summarily (in the Magistrate's Court) it would not create any legally binding precedent (unless there was a conviction which was appealed up to the Appeal Court). Each TS Department has its own set of criteria for deciding when to prosecute.

 

My local TS (well they were local up to a week ago anyway) are quite good about dragging the bad guys 'up the steps'. I may have a couple of S78 offences to send their way soon but it is a moot point as to whether the offence is in their area or my new authority's area or the Home Authority's area (Chester or Salford ;) ).

 

Does the offence take place where the original request was made from or where the requestor lives when the 12+30 days is up or where the creditor is based? (Let's not argue that one shall we!!)

 

Just watching the post and waiting for the clock ticking round....

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HI what abusive pm?

No don't tell me blood pressure and dodgy ticker not a good mix.

 

Any way i want to as a question.Now that the distance marketing regs are in place and up and running ,does that mean that any agreement that is picked up from a shop or from a mail shot is automatically a distance contract and not just an uncancellable agreement as per the cca 1974.

If so then most of the ones i have seen do not comply , no information regs as per the DMA and no notification of the DMA cancelation period.

 

By the way did you know that if you pick up a contract from your bank and sign it at home it is classed as a cancellable contracteven if you have not not discussed it with anybody.

 

Regards

Peter

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Hi

I sent off an email to my pal (not really he just helps sometimes) at the oft.

The question

Is or is not the offence mentioned in section 77 of the CCA 1974 criminal and if so is it possible for a member of the public to report it to the police and for them to get the CPS to prosecute.

I promise to post the response no matter what it says(Gulp)

 

Best regards

Petr

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Hi

 

Now you are telling me something i don't know i thought all criminal offences had to be processed through the Crown Prosecution Service, as they were the ones that decided whether there was enough evidence to secure a convicton or not.

 

Could you elaberate

Regards

Peter

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If you get beaten up and the CPS decide not to prosecute for lack of evidence, there is nothing to prevent you from bringing your own private prosecution, (apart from the cost)

 

Surely you must have heard of cases such as this. Often a civil claim for damages is started at the same time, to clean out the accused to help pay for the case.

 

Easier to prove, as the level of evidence is lower in civil claims, as you know.

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HI

I think i see what you mean Stone.

Perhaps i was unclear in my orriginal post i said "is it possible for a member of the public to report it to the police and for them to get the CPS to prosecute."

 

The CPS are responsible for prossecuting all cases investigated by the police.

I am aware that cases investigated by the OFT can be pursued through different avenues but we all know thathat isn't working whichi s why the question.

 

Regards

 

Peter

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Hi

 

Now you are telling me something i don't know i thought all criminal offences had to be processed through the Crown Prosecution Service, as they were the ones that decided whether there was enough evidence to secure a convicton or not.

 

Could you elaberate

Regards

Peter

 

This post http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-108.html#post703426 might answer some of your questions.

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Hi

Thanks Steve

I was reffering to investigations by the police as mentioned above but all information is useful and erhaps we should strat looking at alternative methods.

Best regards

Peter

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There's been a lot said about MBNA and Wescot so far on various threads and I'm just wondering if I'm at thwe end of the line now. I have a large debt (originally with MBNA) but at present, Wescot is/was doing the collecting. Wescot failed to supply a CCA so I wrote to them over a couple of weeks ago asking for my money back etc.... and the usual stuff. Stopped paying of course. No agreement, no cash. They've gone rather quiet. I've heard absolutely nothing whereas some have been told by Wescot that the debt has been passed back to MBNA. I've had no communication whatsoever. What do I do now? Sit tight and hope my money comes back or expect a nasty letter fom MBNA (which shouldn't happen as the account is indispute) but in the meantime, report Wescot to trading standards; or as a precaution, CCA MBNA but what would be the point as MBNA don't own the debt, as far as I know! All suggestions graciously accepted.

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There's been a lot said about MBNA and Wescot so far on various threads and I'm just wondering if I'm at thwe end of the line now. I have a large debt (originally with MBNA) but at present, Wescot is/was doing the collecting. Wescot failed to supply a CCA so I wrote to them over a couple of weeks ago asking for my money back etc.... and the usual stuff. Stopped paying of course. No agreement, no cash. They've gone rather quiet. I've heard absolutely nothing whereas some have been told by Wescot that the debt has been passed back to MBNA. I've had no communication whatsoever. What do I do now? Sit tight and hope my money comes back or expect a nasty letter fom MBNA (which shouldn't happen as the account is indispute) but in the meantime, report Wescot to trading standards; or as a precaution, CCA MBNA but what would be the point as MBNA don't own the debt, as far as I know! All suggestions graciously accepted.

 

Bump.

 

Any takers

 

Ian

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If you get beaten up and the CPS decide not to prosecute for lack of evidence, there is nothing to prevent you from bringing your own private prosecution, (apart from the cost)

 

Surely you must have heard of cases such as this. Often a civil claim for damages is started at the same time, to clean out the accused to help pay for the case.

 

Easier to prove, as the level of evidence is lower in civil claims, as you know.

Hi

Thing is we have all these regularatory bodies to uphold the law and protect peoples rights and when you call on the they just don't perform.

Reallly gets my goat.

 

Petr

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Hi

 

Now you are telling me something i don't know i thought all criminal offences had to be processed through the Crown Prosecution Service, as they were the ones that decided whether there was enough evidence to secure a convicton or not.

 

Could you elaberate

Regards

Peter

 

I thought this too, and they do have to INVESTIGATE but not neccesarily prosecute.

 

My father has been a Police Officer for 30 years and said that the CPS are unlikely to take on the financial institutions as they (the CPS) are too big.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

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Hi

Thing is we have all these regularatory bodies to uphold the law and protect peoples rights and when you call on the they just don't perform.

Reallly gets my goat.

 

Petr

 

I know, but their budgets come from the companies they regulate!

 

eg, The FSA is a LTD company anyway who's 600 million pound budget comes from all the financial companies!

 

Conflict of interest?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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I thought this too, and they do have to INVESTIGATE but not neccesarily prosecute.

 

My father has been a Police Officer for 30 years and said that the CPS are unlikely to take on the financial institutions as they (the CPS) are too big.

Hi Uni

 

Hows it hangin

 

Interesting about your dad, i new of course that the CPS decided whether to prosecute or not but i always thought the criterea was whether they had enough evidance to convict, well in this case of course since it is a summary sentance there would be no risk.

 

Makes you think what exactly the financia outlay would be in bringing a private prossecution after all you wouldn't have to supply much evidence and as i said earlier the judge should rule without the need for a trial.

How would you go about it perhaps your dad would know?

 

Regards

Peter

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Hi Uni

 

Hows it hangin

 

Interesting about your dad, i new of course that the CPS decided whether to prosecute or not but i always thought the criterea was whether they had enough evidance to convict, well in this case of course since it is a summary sentance there would be no risk.

 

Makes you think what exactly the financia outlay would be in bringing a private prossecution after all you wouldn't have to supply much evidence and as i said earlier the judge should rule without the need for a trial.

How would you go about it perhaps your dad would know?

 

Regards

Peter

 

I'm goog thanks Peter - I'll email you later to discuss provate prosecution. Need to speak with my Dad!

 

Trouble is, the Government won't want to cause probs with the banks coz they need them!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

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un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Trouble is, the Government won't want to cause probs with the banks coz they need them!

 

And therein lies your answer -

 

Corruption! Back handers! Gagging! Deceit! Control!

 

etc, etc, etc, etc. :mad:

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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And therein lies your answer -

 

Corruption! Back handers! Gagging! Deceit! Control!

 

etc, etc, etc, etc. :mad:

 

 

Exactly, time for a change, don't ya think? :)

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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And therein lies your answer -

 

Corruption! Back handers! Gagging! Deceit! Control!

 

etc, etc, etc, etc. :mad:

 

Are we still talking about banks or gag.(Joking mods)

 

Petr

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