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    • Hi Lolerz Thanks for replying to me, yes I've been ignoring her & will continue to do so. All she keeps saying is they want to come up with an amicable settlement. Keeps saying this to our receptionist she shouldn't be saying this to a receptionist or even me in the first place as they have given no proof of anything no IP addresses noting just keeps saying about an amicable settlement.
    • If a DCA supplies a reconstituted copy of the CCA what would be the next step? It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
    • Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed some of the worst tendencies in British politics”. “The only way to think about it is as a psychodrama enacted, for the most part, by a small group of middle-aged men who went to élite private schools, studied at the University of Oxford, and have been climbing and chucking one another off the ladder of British public life" Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ WWW.INDEPENDENT.CO.UK The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed...  
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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.

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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.
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      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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Welcome Finance - This company needs to be banned.


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The construction of contracts remains difficult. The Supreme Court uses its view of the parties' commercial purpose to override words, but the Chancellor then rejects arguments based on commerciality and focuses instead on the words alone. Who is right, or have both gone too far?

 

I know that the law does tolerate breaches of contract when you'd imagine it would insist on such agreements being followed to the letter. It also won't encourage it but it will definitely tolerate it to some extent dependent on what the overriding aims of the contract were.

 

I think the general gist is to explain how there appears to be a wide variation in how a contract/agreement is interpreted and to what aims. The court will prevent the breaker from enjoying the full terms of the contract where appropriate and also allow the injured party to seek redress in some way and I think the examples listed are a demonstration of how this has been stretched in both directions, either by a judge or by the chancellor probably looking to safeguard the bigger system.

 

Is this right or wrong? Dunno, but I guess it falls into a 'grey area' and this slack has allowed a wide interpretation to be employed when perhaps it should have been far simpler and straight forward all along. Personally I'm on the side of a contract being exercised and enforced based solely on the terms within, I don't like this generalisation that appears to have been enjoyed allowing intangible matters to intervene with what should have been a pretty clear outcome.

 

Just my take on it, feel free to add/agree/disagree! :p

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Thanks Emandcole that was much easier to understand lol :D

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Has anyone on this site been taken to C Court by Welcome to get the car reposs. Also how long did it take? From the receipt of the Court papers to taking the car?? Or are Welcome too frightened to go to court? Have had yet another call and they said this is the next step but dont believe it....have paid over 1/3 but not half.

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Have you had a default from them and a termination notice?

 

No neither of those but they keeping calling me at home and work and have given me a reduction in the amnt I owe (-25%) but I could buy the same car for a lot less than they want...I am not worried about my credit rating. Just dont know if I should wait and see what they are going to do and hope they go under? Not paid 1/2 yet so cant offer to return car (if they are taking returns) but have paid over 1/3 so they need court order ....just a waiting game.

Many thanks for your interest.

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Have you had a default from them and a termination notice?

 

No neither of those but they keeping calling me at home and work and have given me a reduction in the amnt I owe (-25%) but I could buy the same car for a lot less than they want...I am not worried about my credit rating. Just dont know if I should wait and see what they are going to do and hope they go under? Not paid 1/2 yet so cant offer to return car (if they are taking returns) but have paid over 1/3 so they need court order ....just a waiting game.

Many thanks for your interest.

 

Apologies if I repeat anything, struggle to stay on top of threads sometimes. Do you have your own thread for this as you need to get information requested so you can get started?

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Well, it's only taken 15 months but Welcome Finance AKA Progressive Finance (whatever) have finally deleted my account from my Equifax report.

I paid off a £2K loan early in November 08, along with a loan from Lloyds TSB and other debts, and instead of just updating my credit report to show 'settled', they marked my account as 1 month in arrears for the last 7 months before I settled it, and wrote a comment to say "account partially setlled, payment received as full & final was not enough to clear the balance". Tossers!

I wrote to them with a copy of their settlement figure letter, cc'd Equifax who then wrote to me last April saying that Welcome had agreed to remove the data. When I ended up checking last month it was still there! So I raised another query with Equifax and that seems to have done the job.

Thank god for that, there is now no visible trace of that god awful company

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I too have been watching but I decided to register and whilst it's not much I have bought an e-mail address to try and help support us.

 

I have a secured loan with welcome. I currently owe around £14900. I am struggling to make the payments but I have not yet missed one. I was called last week when my direct debit got cancelled by my bank ( admin error) I was told I was being charged £25 for the call. I told them to kiss my ass and I will not pay it no matter what they threaten me with.

 

I also have lifecover 24 which I will want to claim back if possible. I am having my contract checked to see if it's enforcable. But the worry about what they might do is making ill. I know they are in the poo to the tun eof 2.7 Billion to RBS (so the goverment) and I also know that RBS are leting them carry on to get in as much as possible which is why people are getting silly reduced amounts and 25% off etc. Even if they totally sink i'm sure someone somewhere will want replaying. Unlike a car I can't give my house back and they are stuffing up my credit rating so I can't remortgage and my current mortgage provider are just like them. Taking but not lending.

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I am having my contract checked to see if it's enforcablE

 

Congratulations on joining us !!!! . .

 

Create a thread on this section post up your agreement and we can check it for you if you like, even if you have somone else checking it then its good to get second opinion.

 

 

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I saw an employee of WFS actually admit about the copying of signatures on to re-written agreements. I know we knew this went on, but to actually see it in black and white is still shocking!

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It's when I ring up the locasl branch which is about 5 mins walk from my house and they deny that the company is going under. Either they are trying to bull**** me OR they simply don't know that by the end of the year their office will be shut down and they wil be told to "jog on"

 

You seen the prices shoppacheck want? £254%. crazy! They may try to carry on that way but if shoppacheck ring me chasing my loan i'll tell them where to go it's between me and welcome.

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