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    • Typical Moorside Claim-complete  rubbish. Is it not time we began to specify what is wrong with them as opposed to the generic one we usually use. By doing so we draw the Judge's attention and we can see if he gets them to correct these omissions. For example we do not know what  the alleged breach or breaches are. They do not know who was driving so they try to cover that by assuming that they are the driver and the keeper despite Courts not agreeing with that premise. Why has the cost escalated when the maximum should be £100.  And what is the breakdown of those costs-damages, debt collection and/or something else? Why  are the charging £170 from day 1-especially the £70 if that  is for debt collection and the river is responsible for the first 28 days and surely cannot be charged until they have received the  PCN at least,  as it was issued without their knowledge. Probably won't mention that on their second Point 3 they are charging you an interest rate of £0.00. Wazzacks.  
    • Sales, branding and tight cost controls have helped Pop Mart's profits balloon in the first half of 2025.View the full article
    • Last week, the US president urged Brazilian authorities to end their prosecution of the country's former President Jair Bolsonaro.View the full article
    • no it gets autostayed. read other claimform threads here dx    
    • I'm afraid that the letter is completely inappropriate. I'm sorry to be tough about this – but although we are going to help you – you also have to help yourself become familiar with the subject. We will certainly guide you and correct you – that you need to be in control. You need to start doing some proper reading to understand why you should not at all be relying on the rights of third parties act. You need also to start understanding what legislation you should be rely on. So let's put it on course for the moment. Start doing some thorough reading and when you think that you understand it then let us know and we can go onto the next step. This really is for your own good and for your own survival
  • Our picks

    • 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
      • 162 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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Okay, first post here. Little stressed out, but here we go...

 

I had a debt with Lloyds TSB consisting of a loan and overdraft facility which, due to unfortunate circumstances i was unable to keep up with payments. That ended with Lloyds closing my account and sending it onto 1st Credit to act as the debt collection agent. In total i owed approx £6000. 1st Credit contacted me by phone and letter demanding payment in full, of course i couldn't pay this and we came to an agreement of installments of £150 per month until such time that i could afford to clear the full balance. That was the case for approx 12 months until i received a letter in Jan 08 saying Lloyds has assigned 1st Credit full control and that they were now demanding payment in full. Unfortunately at the end of Jan my wages were paid into my account late and my regular £150 payment to 1st Credit didn't go through on time. This of course prompted a very satisfied and smug employee to call instantly saying i had broken the agreement, saying it was totally unacceptable and that i had to pay the full amount of the remaining balance - £4300, in full otherwise legal action would be taken. They gave me 14 days to find the money.

 

14 days later i said i couldn't possibly find the money and i wanted to pay the £150 and continue the payment plan. They refused. They said any small payment would not be seen as a recognised payment plan. They even suggested i should sell my home to raise the funds!! They gave me another 14 days...

 

This is where i currently am. What options do i have?

 

The money i owe is not disputed, i accept i owe money. Although the majority of that money originally owed to Lloyds was built up mainly on bank and interest charges of which i have a claim pending. That claim, should it be successful would be enough to clear the debt but i have no idea how long it will take for the claim to go through.

 

Any advise would be greatly appreciated. I have absolutely no idea what to do and i am expecting another call later today.

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Don't speak to these chimps on the telephone, ensure all communications are made in writing, a refusal to accept payment over the phone cannot be proven in court, a letter can. refuse to go through their security questions

 

send them the payments, along with a letter clarifying what happened with your wages.

 

If you are in a repayment plan and there is a legitimate reason for non payment, ie. not you not wanting to pay. then they wouldn't have a leg to stand on.

 

just send them the payment, the worst they can say is "we don't accept the repayment plan" if this goes before a judge, they would look bad.

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Thanks for the advice, but are they legally entitled to demand full and final payment? Do they actually have to accept my installments?

 

I will send my payment for the installment i missed, but they are determined to get a full payment out of me and the last thing i want is CCJ's or legal action.

 

In the past, when i have tried to explain why i missed my last payment i got a rude abrupt response demanding a full payment by any means necessary, including i might add their suggestion for me to sell my home otherwise they threatened legal action and possible bailiffs action.

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bailiffs and charging orders and attatchments can only be imposed by a court, ignore that twaddle, only deal in writing and you will find the threats are much more carefully worded.

 

The scrote on the phone is on commission, he would obviously get a lot more money if you settled in full.

 

assuming it went to court again, If you are seen by the courts to be making a real attempt to settle the debt, then they would have their application refused (and they know it)

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The update on this so far is that i have called to make the payment for the £150 that i missed, they reluctantly took the payment but stressed that this wouldn't go down as an installment as i had 'broken' the installment agreement. Towards the end of Feb i noticed that my usual direct debit payment to them was taken out as per usual, so by that i assumed that things were back to normal and that my installment plan was to continue.

 

Not so. I have received 3 or 4 voicemails demanding a call back to pay off the full amount.

 

I have read through a few other threads on 1st credit but am still a little unsure as to me next step.

 

Should i send that template letter regarding a CCA request?

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