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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.
      • 1 reply
    • 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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my credit card agreement was well before april 2007. my credit limit was increased several times without my permission. does this make it unenforcable and can makenzie hall collect on it?

 

All above board I'm afraid. First thing I would do is write to Makenzie Hall (MH) with the Prove It letter (in library). IF they can prove they have the right to collect this debt, send a CCA request to them, knowing MH this is quite probably as far as you'll need to go to get rid of them.

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Since Jan 2009 they cannnot increase it during the first year, and thereafter only once every six months after giving you 30 days notice. Before that they could increase the limit as they liked - this didn't mean you had to use it. The temptation of having it there was the killer (for me anyway!)

 

 

Have a read of this if you want the details:

http://www.moneywise.co.uk/news-views/2009/10/27/new-laws-to-stop-credit-card-firms-exploiting-customers

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Many thanks again Tingy.I have made no contact with Makenzie Hall as yet. I have looked at the library letter as you suggested and may begin there. Have you any other advice on dealing with MH and how persistant are they? Also do HFC have any history of agreements being unenforcable? Need as much advise/help as possible as its a quite large debt and been 4 years since any last payment made.

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MH are know for specialising in statute barred / near statute barred / unenforceable debts. If I were you I would let it go to them before you do anything else as they are easy to trip up usually. That's why I said in my previous post if you send the Prove It letter then IF they can prove their right to collect, ask for a copy of the agreement with a CCA request and they often come unstuck here.

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Had 2 letters from MH so far to which i have not responded to,the latest requesting a payment in full by 21/2 . If i am unable to "extend to this generous offer" they expect me to pay the balance by installments starting in March. Should I wait for further correspondence before sending the "prove it" letter?

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If I were you I'd totally ignore this. You haven't paid anything for four years (sorry - only just spotted that) which means two more years with no payment and it becomes statute barred.

 

They tend to offer these discounts when they know the chances are the debt is not enforceable. Make sure that on top of any letter you write you put the words I Do Not Acknowledge This Debt and make sure you don't make any payments without people on here saying you need to.

 

Are you able to give us a little more history of what you did with HFC to get them off your back, or was it simply a case of you did absolutely nothing and ignored them? Hold fire on sending anything until we have a clearer picture of this debt. If you have done nothing for four years, then it could well be that your best policy is to continue doing nothing.

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