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    • New thread started as you & LFI suggested.  It's best to have one ticket per thread, if not people get confused about which ticket they're giving advice for. Firstly, you have every right to be absolutely fuming at MFG.  You go twice and spend money - and what do you get?  A demand for £100!  Do the people who caused this mess resolve it?  No, they lie and mess you about.  No wonder you're so angry. However ... we're worried you’re leaving yourself open to accusations of theft (even though you made it clear the goods would be returned) and criminal damage.  If you take the initiative and approach the garage politely, (a) that covers yourself at least a bit regarding any possible criminal accusations, and (b) if the manager has a brain you two can easily sort everything out. I say if the manager has a brain.  They might try and play the hard case and stupidly put the blame on you.  Who knows. Anyway, how about sending this 1st class post on Monday?   Dear Manager, I am the person who temporarily took some non-perishable goods from the BP shop on Wednesday and left a letter. I have since calmed down and am writing this letter in a friendly, amicable way between adults without abuse or at all costs apportioning blame. What happened is that some time back I visited your premises at 3.15am to buy fuel.  I then revisited at 8.30pm the same day to use the shop. Afterwards I received an invoice from Euro Car Parks for £100 (discounted to £60 if paid within 14 days). What happened is that the ANPR cameras joined the two visits together and ECP issued the invoice for me staying an absurd 17 hours.  I mean you provide a good service but who would stay 17 hours! If you Google "double dipping" you will see that this is a continual problem in the private parking industry and the industry’s own Code of Practice highlights how steps should be taken to avoid issuing invoices in these cases. When I brought this to MFG's customer services' attention you refused to have the invoice cancelled.  I also visited you and again you were unhelpful. Please "take a step backwards" and put yourself in my position.  Say you visited a supermarket on a Saturday evening.  You also visited on a Sunday evening. Later you got a demand for £100 from a private parking company.  You politely asked the supermarket to intervene but they refused.  I think you would consider the matter unfair and you would be extremely angry with the appalling customer service. Anyone who has even a rough knowledge of the law knows that ECP are your agents, you called them in.  You are the organ grinder.  They are the monkey.  You can easily tell them to cancel this invoice. So i am writing to request an appointment with you in order firstly to return the goods which are yours and of course which I should never have taken.  I would like us to be able to speak in a friendly, adult manner. However, secondly I am not prepared to take all the blame for this matter.  I also request confirmation from you that you have had this unfair invoice cancelled. Yours,
    • well post it to youtube or facebook. so we can look at it.  
    • I've got it on my ring door bell footage I'm baffled! 
    • should have gotten your phone out and filmed them. dx  
    • its the OP's car PCN PARKING ON LOADING BAY NEXT TO DISABLED BAY - Local Authority Parking and Traffic Offences - National Consumer Service dx
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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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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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Its doesn't contain anything!! let alone prescibed terms so not enforcable...

 

Try this letter which works for me

 

Dear Sir/Madam

 

Re:− Account/Reference

 

ACCOUNT IN DISPUTE

 

I have received the documents you sent and in the accompanying letter you you have confirmed this to be a true copy of the credit agreement that exists in relation to this account. As you have sent this document in response to a formal request under Section 78 (1) of the Consumer Credit Act 1974, this statement is now binding on you as per section 172 of the Act.

 

I must inform you that the information received does not meet the requirements of a properly executed credit agreement under the 1974 Act.The document received does not contain any of the prescribed terms as set out in the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) Schedule 6 Column 2.

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974

 

 

The absence of a properly executed credit agreement prevents you from:

  • Adding interest to the account
  • Taking any enforcement action on the account
  • Issuing any default notices or registering any default marker with a credit reference agency

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

 

 

 

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

  • The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

  • Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.

I would also point out that if you continue to pursue me for this debt while it is dispute you will be in breach of the OFT guidelines.

 

 

 

 

What I Require

  • I require all correspondence in writing from here on; any persistent attempts to contact me by phone will be reported to trading standards
  • I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case.

Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable it would be in everyone’s interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

 

Yours Faithfully

Your name

Name

Live Life-Debt Free

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Your piece of bog paper is completly unenforcable as they have not listed T&Cs or even got the date right.

 

Keep hold of the piece of bog paper DONT flush it away.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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YW

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

Hi all

 

just a quick update yesterday i received a letter from NDR (dated 23rd January) saying they are about to issue a statutory default notice and today i received a letter from shop direct (dated 24th January) containing a statement and charges. I sent B3RTYs letter recorded on 21st Jan but its still not showing on royal mail website, do i just wait for them to reply to that letter? or do i need to write to them again? Any help would be truly appreciated.

 

many thanks

casper7

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Recorded delivery is not guaranteed, so I would pop another in the post to them, if it makes you feel better, send it by a guaranteed method. Littlewoods will be kicking themselves, the paper is worth more to them than their agreements!

PLEASE DONATE ANYTHING THAT YOU CAN

 

 

A government that robs Peter to pay Paul can always depend on the support of Paul.

George Bernard Shaw

 

 

 

 

Go on, click me scales (if I have helped) :grin:

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Your call really. Just remember it can take a while for it to show up on the system.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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No problem, but just remember, the agreement they have is laughable, they don't have a leg to stand on.

 

They didn't even bother replying at all to my hubby, they haven't even chased him for payment since he CCA'd them over 12 months ago.

PLEASE DONATE ANYTHING THAT YOU CAN

 

 

A government that robs Peter to pay Paul can always depend on the support of Paul.

George Bernard Shaw

 

 

 

 

Go on, click me scales (if I have helped) :grin:

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to one of mine they sent a letter saying we cant find it to another of mine they sent a cca but it just does not have my signature and could have been written the day b4 they posted it. I sent non compliance letters and over a year on no cca.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

Hi all

 

yesterday i received this letter from Littlewoods (have to type it scanner playin up)

 

Dear Casper7

 

With reference to your letter dated 21/01/2009. I can confirm that we will not be pursuing the above account for the outstanding balance of £***.

As the debt remains unsatisfied, this will be noted on our internal file for future reference.

This information will also form part of your records at the Credit Reference Agencies, where we share information. This information will remain on your Credit Reference file for 6 years.

If you are charged interest on your account, any future charges will no longer be applied.

 

Yours Sincerely

 

Name

Admin Support Team

 

Do i leave it at that now? any comments would be greatly appreciated.

 

I want to thank you all for helping me with this i couldnt have done it without you or this site.

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Thank you all for answering. Version302003 i actually had a phone call off them today! hubby answered and told them account was closed and she said ohh yes its on computer! sorry for calling, even though she should not have discussed this with my husband. Loobyloo35 i wish you all the very best and hope you get it sorted. Shawn0109 thank you for your input, i really cant thank this site enough, it really has given me the confidence to fight back.

 

once again thank you all

 

casper7

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Easier said than done...I dont know anyone who's managed to do this for a non production of a valid CCA as the debt still stands?

 

 

 

One guy on here had 9 removed with a stern letter... only one left for him to work on, but he says its going to be a tough one to get removed :)

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