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    • Hello I am a resident of a communal block of flats owned by a Housing Association and since Tuesday 14th May 2024 Matthews and Tannert had put up scaffolding for a job on the roof last week, which was up for the best part of nine days. They had removed the scaffolding on Thursday 23rd May 2024 but my Sky box is still not working because of the satellite dish outside, and I was wondering whether the scaffolders had touched the dish while it was there and as a result had probably knocked the dish and probably made the dish go out of signal or whatever. I needed someone to check this out as well as to see my Sky box to see what could be the problem, and hopefully sort this out. I have had my Sky Digibox for many years and I have got recordings saved on them that I have had a long time - it would break my heart if I had lost them forever.       I contacted Sky but I almost made the mistake of accepting an offer where I would have to pay £31.50 and wait a whole month without television in my front room for it. I am in debt at the moment and I don't want all this on top of everything else - thankfully I have since cancelled it two weeks later when I told the person on the phone that it is the dish which is at fault as well as the fact that I live in a communal Housing Association property, and so that is one of very few weights off my mind. I emailed the Housing Association's Repairs department and they said that they will contact an electrical company to come out and see to the dish outside. I received a telephone call on Friday 24th May from the man to say that he will arrive on Wednesday 29th May 2024 to do the job. He arrived at around 9.40 am on Wednesday as promised; he went into my flat and had a look at the Sky box and saw the blue screen on my front room TV set, indicating no signal. He also looked outside as to where the dish was.  The main problem was that the ladders that he had with him were not enough to reach the dish outside as the dish was towards the top of the building - obviously the Health and Safety aspect of the job didn't allow him to do this. He then mentioned that whether he could do the job as a result of getting onto the roof and doing it like that as the dish is closer to the top. He said that he needed the key to enter the loft part of the building in order to reach this, and he needed to contact the Housing Officer at the Housing Association who had key to this, but lo and behold, he came on the Wednesday to do the job, and guess what? Wednesday was the Housing Officer's day off and so therefore he was unable to contact him for the key so that he could do the job! I just couldn't believe it myself. I am personally annoyed because this has not been sorted, and the man who came to do this is also annoyed because he came all the way to Nottingham from Peterborough, and he said to me that he won't get paid if he cannot do the job, so you see, we are both angry about this for different reasons. We are both in the same boat with regards to frustration, and we both want to see a conclusion to this, once and for all. Sometimes I wish that I didn't live in a flat which is in a communal building and I am thinking of getting a transfer to a one bedroom flat that isn't in that sort of place. I pay around £85 a month in a Direct Debit to Sky to receive their TV services which I cannot use at the moment, and I don't have much money in my bank account as it is due to one thing and another. I also pay nearly £14 a month to TV Licensing so that I can legally watch TV in my front room. I pay for Sky hence the fact that I want the Sky service in my front room and not Freeview. Also, as the General Election is coming up in five weeks' time, I want the satellite TV to be working properly so that I can catch up with what is on the news channels, and I feel rather "cut off" from that at the moment, and I want it working in time for Thursday 4th July 2024 for ovbious reasons . I have Freeview in my bedroom, but that is not the point  - I don't want to be limited to my bedroom every time I want to watch TV. I have tried putting the Freeview in te front room but it doesn't seem compatable for the same uses that I usually have Sky for.  Sunday 9th June 2024 is Day 27 of the satellite TV not working in my flat, and I feel that something needs to be done about this. You can take this message as a complaint if you like, but nevertheless, I want this message to be acknowledged and also something to be done about what has happened. I have enough on my plate with regards to health problems and depression without things like this making things worse. I would appreciate it if something was done.  I don't like naming and shaming but it is Matthews and Tannert's fault that I am in this situation in the first place, and sometimes I wish that I could sue them. In a nutshell, I have had more than enough after being without TV in the my front room for nearly four weeks. Also, at a time like this, I am missing so much of interest on TV what with the General Election comning up in just a few weeks.
    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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car2403 -v- HFC Bank (Default removal)


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Hi Chris.

 

I'm just trying to reread your thread as i too am in battle with HFC via Weightmans and the county court :eek:

 

If ever you're bored, feel free to pop over :p

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131502-weightmans-hfc-county-court.html

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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The adjourned application hearing date set for that is 23 May.

 

Well, I have to say, I'm extremely shocked! :shock:

 

Letter from Restons saying HFC have withdrawn their application for summary judgment, after receipt of my amended defence/counterclaim, and will be asking the Court to vacate the application hearing in May.

 

This is the first time "they" have acted reasonably in managing my claim - maybe I shouldn't be so skeptical in the future, then? :oops:

 

Anyway, it seems we are now back to square one again and waiting on allocation (fingers crossed for small claims track, for speed more than anything else) to take place with a final hearing date to be set.

 

Nothing to report on this one, but I wanted to post an update anyway.

 

Still waiting on allocation, which seems to be taking a long time - I've been waiting well over a month now!

 

I'll try to remember to chase the Court this week, if I don't receive something soon, as I want this over and done with during May/June at the latest.

 

I may drop Restons one last attempt at an early settlement, to see if I can tickle their fancy after they've read the amended defence/counterclaim and buck the system to get out of this quickly. It did work with my other claim against HFC, but that was for a substantially smaller amount, (£700-odd against £4k-odd here) but I can live in hope.

 

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It sounds like you may have a good chance of 'tickling their fancy', as i bet you've placed many seeds of doubt in their mind.

 

May the power of Richard be with you :p

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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richard_o_brien_203x152.jpg

 

You obviously haven't been on a mcdonald's milkshake sugar rush over the weekend :D which is when conversations about Richard o'Brien last cropped up!

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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richard_o_brien_203x152.jpg

 

You obviously haven't been on a mcdonald's milkshake sugar rush over the weekend :D which is when conversations about Richard o'Brien last cropped up!

 

Oh, right. LOL!

 

I've gone cold turkey on Maccy D's shakes... for now anyway ;)

 

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  • 2 weeks later...
I'll try to remember to chase the Court this week, if I don't receive something soon, as I want this over and done with during May/June at the latest.

 

I eventually got round to calling the Court for an update.

 

They seemed surprised that I was calling, as they said "this case file has been closed"! Imagine my surprise! ;)

 

Turns out that the last letter from Restons, saying that HFC had agreed to vacate the application hearing set for 23 May and that they had agreed to withdraw their application for summary judgment against me, was taken by the Court to mean that they were withdrawing their claim against me! :p

 

The Court is wrong! :rolleyes:

 

I've told them this and they said it will take another 2 weeks to get a Judge to review the file again and set directions - Restons haven't asked for any, so I've asked them for small claims track and standard directions to be issued.

 

They also said it will probably be July/August by the time that this gets to Court now... Flaming 'eck! That will be 12 months to deal with this fiasco... (This thread is one year old on 11 August!)

 

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  • 3 weeks later...
  • 4 weeks later...
Rang the Court again, the file still hasn't been reviewed. The Clerk said it should be reviewed this week...

 

Righty-o...

 

I haven't kept this thread as up to date as possible, as I've been working away from home and had limited time online to update it. There also hasn't been any significant updates to post about - until now that is. ;)

 

Anyway, once all the wrangling with the Court about Restons sending them a letter to withdraw their Summary Judgment Application against me and my letter withdrawing my Summary Judgment Application against against them, the Court eventually seems to have accepted that the claim wasn't withdrawn after all. So, on we go, with the proceedings then...

 

BUT...

 

During all this, something interesting has happened - the basics of it is that HFC have agreed to discontinue their claim against me and remove the Default with the CRA's, if I agree to discontinue my claim against them and withdraw the counterclaim in full.

 

In essence, this one is done and dusted, bar the shouting over the execution of a consent order, (which I've now signed and sent to Restons to file with the Court) so...

 

I'VE WON!

:p

 

Ok, so I've agreed with withdraw the counterclaim, meaning I can't now pursue those £1,100-odd in charges, (I think, it has been a while since I needed to do anything with this claim!) but the whole point of this fight was to get the Default removed - and that has happened - so I don't think I've lost out too much there.

 

Incidentally, I know that "others" have had similar results with those in the "HFC/Restons relationship", and they are now being chased by DCA's that specialise in unenforceable debts. Lets see if that happens here, but they've took one bite of the apple and got a foul taste in reply, so I'd like to see them have a go. I also think the Court would have something to say if they didn't remove the Default, or they continued to try to pursue the debt, in Court or otherwise - but I'm fully prepared to take the fight to them if that happens.

 

It has taken almost a year to get this far. Without the help of CAG and my many, many new friends I've found along the way, I simply wouldn't have even bothered - if you question my honesty there, just go back to some of the posts on the first few pages of the thread and you'll see how far I've come since then! A many few hours spent reading the forums, a few thousand posts later and taking the fight to many organisations along the way, I can now safely say that I am... (drum roll, please...)

 

Completely debt free! 8)

I fully intend to share my own personal "CAG success story", (I'll post a link when it's done) once I've constructed it and have some time to post it, but I have to say that this is THE thread that has caused me the most heartache and strife along the way. The hardcore of you that have been with me since the beginning will know all about it. Those that are finding this for the first time can look back over the 12 or so pages that are here to see the full caper from scratch. If only I hadn't put all this in the public domain! I could have easily wrote a bestselling book with this one!

 

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Well that's all out in the open now then Chris ;)

 

Let's hope it's done and dusted and dopey HFC don't start playing silly burgers and as you say, passing your account and/or info onto people further down the food chain than themselves/Restons.

 

I'm pleased you got the result you wanted even though it resulted in you withdrawing your counterclaim. :D

 

Cheers

Rob

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I'VE WON!

:p

 

 

Completely debt free! 8)

 

quote]

 

:D Well done you!! That really is fantastic news, Chris. This is the result you obviously deserve.

 

I shall look forward to reading the "CAG success story" ;)

 

Don't forget to apply for the celebratory title change to **WON** :p

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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  • 2 weeks later...

Well done indeed - that sounds like a school report!!

 

 

Your post 220. Have you got round to checking the 1983 regs yet. It seems to me that whilst the tolerances (>.1

 

1) The APR is not a prescribed term for any agreement.

 

2) However the APR must be shown except as in 3)

 

3) For the purposes of these Regulations, it shall be sufficient compliance with the requirement to show the APR if there is included in the document

 

(1) a rate which exceeds the APR by not more than one;or

 

(2) a rate which falls short of the APR by not more than .1

 

So the APR must be shown and it must be shown at a value as previously defined (the AAR% rounded to one decimal place)- there is no tolerance as to the value of APR. There is however a tolerance in the requirement to show the APR.

 

So if for example the APR is 17% it will not need to be shown if the another interest is shown which is greater than 16.9 and less than 18.

This merelly reflects the tolerances that can be advertised as %APR.

 

I think that CAG posters (includes me) and the OFT who have said that the VALUE of the APR is correct if it is within these tolerances have been mistaken.

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  • 2 weeks later...

HFC have been naughty, here, because the Default still hasn't been removed.

 

The consent order doesn't explicitly state that it will be removed, but I have a letter from Restons stating that HFC "confirm that the default will be removed from your credit file once the order has been approved by the Court", so I'm now writing to the CRA's (CallCredit and Equifax) enclosing copies of the Court sealed consent orders and asking them to suppress the Default entries immediately.

 

I think they will contact HFC, so I'm hoping they will play ball and instruct them to remove it. If they don't, I'll happily apply to the Court for an order of specific performance, but I could be getting ahead of myself there - lets see what happens when I query the CRA's first. :wink:

 

I don't want to push my luck, as the consent order doesn't state they will remove the Default, but I will be relying on promissory estoppel because of the letter I have, if they don't. I won't explain that here, just yet, (some of you know what I mean already) but I will go in to detail once I know the CRA's/HFC's response to my request to supress first. :p

 

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You can never take anything for granted, can you Chris? I would have thought the CRAs will act on the evidence you have, but i have learnt to never ever presume!

 

I shall look out for the update ;)

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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  • 2 weeks later...
HFC have been naughty, here, because the Default still hasn't been removed.

 

The consent order doesn't explicitly state that it will be removed, but I have a letter from Restons stating that HFC "confirm that the default will be removed from your credit file once the order has been approved by the Court", so I'm now writing to the CRA's (CallCredit and Equifax) enclosing copies of the Court sealed consent orders and asking them to suppress the Default entries immediately.

 

I think they will contact HFC, so I'm hoping they will play ball and instruct them to remove it. If they don't, I'll happily apply to the Court for an order of specific performance, but I could be getting ahead of myself there - lets see what happens when I query the CRA's first. :wink:

 

I don't want to push my luck, as the consent order doesn't state they will remove the Default, but I will be relying on promissory estoppel because of the letter I have, if they don't. I won't explain that here, just yet, (some of you know what I mean already) but I will go in to detail once I know the CRA's/HFC's response to my request to supress first. :p

 

These Bankers just aren't playing ball... no reply to the letter I sent, but then, I haven't checked my credit file yet so it may have just gone anyway.

 

I'll hold out another week to see what happens before I bombard them with LBA's regarding Court Orders for Specific Performance and then start harassing (I mean "communicating"!) with the CRA's to fight the battle from both sides.

 

Dirty, rotten Bankers... :p

 

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Such language, Chris, at this time of the morning :p

 

I suspect you'll be looking forward to a good fight, i mean, opportunities to liase on a regular, meaningful basis with these good people ;)

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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