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    • Write to us at PO Box 82112 London N17 1LG Registered Office Unit 1.01, Hollinwood Business Centre, Albert Street, Failsworth, Oldham, England, OL8 3QL
    • Is this the correct email to send WS to the courts? I was sure there was a thread here with updated emails. [email protected] Thanks again Andy
    • Thanks again Andy. I have used the following. Not 100% sure on it as it's a bit technical for me. But hopefully shines a light on the points I want to enforce of the 'Full and final' settlement.   Exhibit 2: (relevant extracts used).   URL:https://www.bailii.org/uk/cases/UKHL/2001/8.html Cite as: [2001] 1 All ER 961, [2001] ICR 337, [2001] 2 WLR 735, [2002] AC 251, [2002] 1 AC 251, [2001] Emp LR 359, [2001] IRLR 292, [2001] UKHL 8   Bank of Credit and Commerce International SA v. Munawar Ali, Sultana Runi Khan and Others [2001] UKHL 8; [2001] 1 All ER 961; [2001] 2 WLR 735 (1st March, 2001) HOUSE OF LORDS Lord Bingham of Cornhill Lord Browne-Wilkinson Lord Nicholls of Birkenhead Lord Hoffmann Lord Clyde OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE BANK OF CREDIT AND COMMERCE INTERNATIONAL SA (IN COMPULSORY LIQUIDATION) (APPELLANTS) v. (1) MUNAWAR ALI (2) SULTANA RUNI KHAN AND OTHERS (RESPONDENTS) ON 1 MARCH 2001 [2001] UKHL 8   LORD NICHOLLS OF BIRKENHEAD 22. This appeal raises a question of interpretation of a general release. By a general release I mean an agreement containing widely drawn general words releasing all claims one party may have against the other. The release given by Mr Naeem was of this character. Mr Naeem accepted a payment from BCCI 'in full and final settlement of all or any claims . . . of whatsoever nature that exist or may exist'. LORD HOFFMANN 38. The language of the document is very wide. The impression it conveys is that the draftsman meant business. He has gone to some trouble to avoid leaving anything out. He uses traditional style: pairs of words like "full and final settlement", "all or any claims", "that exist or may exist" and phrases like "whether under statute, common law or in equity" and "of whatsoever nature". Admittedly, he could have gone further. Tudor Grange Holdings Ltd v Citibank NA [1992] Ch 53, 57 contains an even more elaborate release and I have seen American documents in which the release covers an entire page. But most people in this country would regard this as overkill. The modern English tradition, while still erring on the side of caution, is to avoid the grosser excesses of verbiage and trust to the judges to use common sense to get the message. I think that this tendency should be encouraged. So I think that anyone who was simply reading the document without preconceptions would accept that the draftsman was not leaving deliberate gaps. It does not however follow that the language was to be read completely literally. There may be limitations in scope to be inferred from the background, limitations from context which the draftsman may have thought too obvious to mention. But that is a different matter from saying that he did not use enough words. LORD CLYDE The critical words are: "The applicant agrees to accept the terms set out in the documents attached in full and final settlement of all or any claims whether under statute, common law or in equity of whatsoever nature that exist or may exist and, in particular, all or any claims rights or applications of whatsoever nature that the applicant has or may have or has made or could make in or to the industrial tribunal, except the applicant's rights under the respondent's pension scheme."
    • change 4 options to  a. Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on. b. Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment. c. Provide a breakdown of their excessive charging/fees levied to the account and quantify how the Claimant has reached the amount claimed. d. Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.   add in: add a new point 2. (old one now being 3)  2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.  
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    • 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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        • Like

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Hi can any one tell me how to get debt collectors to stop chasing me?

 

At the moment the following are chasing by mail/phone

 

Parkside Investigation Bureau

Power2Contact

Moorcroft

Capquest

ARC Europe

Lloyds TSB

1st Credit

NPower

Connaught Collections

Robinson Way

 

They ring at all times of the day from 8am and it's 7 days a week.

 

It's driving me up the wall and I just want them to stop. I've looked everywhere but nobody seems interested in helping.

 

I do not and never have had any form of credit.

 

I have never been a customer of any of those companies many of whom, e.g. NPower just address their payment demands to "The Occupier"

 

We are registered with the TPS but that doesn't seem to make any difference to these people bombarding us with phone calls.

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Parkside Investigation Bureau

Power2Contact

Moorcroft

Capquest

ARC Europe

Lloyds TSB

1st Credit

NPower

Connaught Collections

Robinson Way

.

 

Is that all?

Ive got every DCA in the land after me :D

All of those have 1 thing in common - each as useless & powerless as each other.:roll:

They have no legal powers whatsoever other than to take you to a county court & as it will cost them money, they wont do that & it wouldnt be worth their while just to get back a £1 per month or something.

There are a number of things you can do initially....firstly, refuse to answer any security questions when they phone you & refuse to be bullied/intimidated by them - they will say anything to get you to pay up.

As well as going down the leagl route of making them leave you alone, of which others should be along soon with official letters/compliants etc..you also have to fight fire with fire - by that i mean start telling them to f off on the phone & carry on doing so...once they see they are getting nowhere with you, they will soon leave you alone - take that from me ;)

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Hi and welcome, you'r ein exactly the right place.

 

First off start by having a read of http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131475-dealing-dcas-phone-calls.html

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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I do not and never have had any form of credit.

 

I have never been a customer of any of those companies many of whom, e.g. NPower just address their payment demands to "The Occupier"

 

 

TPS just stops unwanted marketing calls.

 

If you don't owe any of these companies or their clients anything, why are they pursuing you? Do they think you are someone else - it's quite common for these creatures to send phishing letters to many people with the same name and initial as someone they are trying to trace; are they chasing because someone else (e.g. a previous occupier) has used the address?

 

They are a nuisance, but they can be stopped. How this is achieved depens to an extent upon whether or not you are actually the individual they are after.

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Hi can any one tell me how to get debt collectors to stop chasing me?

 

At the moment the following are chasing by mail/phone

 

Parkside Investigation Bureau

Power2Contact

Moorcroft

Capquest

ARC Europe

Lloyds TSB

1st Credit

NPower

Connaught Collections

Robinson Way

 

They ring at all times of the day from 8am and it's 7 days a week.

 

It's driving me up the wall and I just want them to stop. I've looked everywhere but nobody seems interested in helping.

 

I do not and never have had any form of credit.

 

I have never been a customer of any of those companies many of whom, e.g. NPower just address their payment demands to "The Occupier"

 

We are registered with the TPS but that doesn't seem to make any difference to these people bombarding us with phone calls.

 

if by mail and it is addressed to the occupier, simply send it back.

 

if by phone send them this

Dear Sirs

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

 

also until they get this letter just put the phone down and stop talking to the creatures.

 

if has you say you have never had credit then I would check your credit file to see if there is a case of identity theft going on, just a thought

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If they ask by name for somebody other than you....politely but firmly say that they do not live there any more, and can they please not call this number again, and if they call again, you will write to complain and charge £20 for doing so. (Keep a log of the times and dates of the calls)

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1. This sounds like a case of mistaken identity and you should respond accordingly.

For those who write to you simply say you have no knowledge of any debt owed to the creditor and believe they are looking for some-one else, possibly with a similar name.

Ignore the telephone calls - just don't answer them. If you can afford it then I suggest buying a Truecall call recorder which has the advantage (amongst many other things) of being able to block specified numbers for you. I've just bought one (arrived yesterday) but haven't had it long enough to see how well it works. Incidentally there is CAG offer for the call recorder part if you buy the main unit. http://www.consumeractiongroup.co.uk/forum/announcement.php?f=167&a=143

 

2. The telephone preference service is for sales calls, not debt collection calls.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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