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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.  

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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CITI/1st credit/Reclaiming from Connaught


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Morning,

I'm asking someone else to look in here.

I think that defence needs changing, pending receipt of the docs, after which a fuller defence should be submitted. I'm concerned about timelines too.

Did you send a SAR request off earlier?

Finally, it might be an idea to hit the red triangle and ask for this to be moved to the Legal Issues forum.

 

Elsa x

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Ok, OOT? do you remember receiving a NOA?

 

If not then a pretty simple defence, admitting the agreement with Citi

Admitting it would have been regulated by the CCA 1974

Averring it was neither properly executed nor enforceable at any time

Denying receiving a valid Default Notice

Denying receiving a valid NOA

Denying you owe the claimant the amount claimed or any amount at all.

 

The defence is answering the POC - at a later stage I am sure the claimant and you will be ordered to submit properly particularised POC & Defence

 

That defence will not allow them to get Summary Judgement or allow them to get it struck out.

 

But it will buy you time to prepare a 'proper defence'

 

Forget all the conspiracy theories and whether you have been 'wronged' and just concentrate on the job at hand. Yes the reconstruction is legal yes it *may* be enough to comply with an S78 request (although IMHO it does not)

 

BUT if you deny there was ever a properly executed agreement, then they have to come up with one - S60, S61, S65 S127(3)

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Morning Elsa & gh2008...

 

thanks for all this!

 

I do not remember getting a notice of assignment at all - and im pretty good at keeping stuff like that!!!

 

I have not sent a SAR yet - but i will do - TODAY!!!!!

 

.....i will be travelling most by aircraft today so will probably be out of touch for most of it - Elsa, do you have a link or draught letter for SAR you can post up here so i can get my dad to print it and send it off today?

 

 

 

 

thanks again for your words of wisdom....

 

OOT

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lol welcome to the fast-paced world of litigation :lol:

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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  • 2 weeks later...

....Hello again dear friends...

 

well.... all is quiet on the western front!!!

 

I have had nothing in writing from 1st Credit....however ...... i have had maybe 4-5 calls PER DAY from an 0845 number. When i actually searched it - it came back as Egg based in Nottingham. If im not mistaken didn't Citi take over Egg?

 

Can't understand why they are contacting me and not the Solicitors.....'spose i could talk to them....but do i really want to!!!

 

OOT

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  • 3 weeks later...

......Friends......

 

Just as a catch up - as of today, i have NOT heard in writing from Citi/Connaught/1st Credit or even the Courts regarding this issue. 1st Credit had 28 days from the 27th July to respond to my defence - heard nothing from any party involved........

 

As always thanks for your continued support and guidance

 

 

OOT

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  • 1 month later...

Well dear friends, i hope you are all good!

 

...Everything had gone quiet on this until 3 days ago.......

 

Received a letter from 1st Credit regarding the Citi account - basically it is a 'financial statement'.

 

They encourage me to....." read through the statement". Also if i am currently NOT paying into this account there are many convenient ways to pay!

 

...when i looked at the 'Statement' i nearly exploded!!!!

 

on the 13th of July 2010 Connaught debited 4 amounts of money from this now defunct account with Citi as follows:

 

13/07/2010 Increase Balance (Connaught) £190.00

13/07/2010 Increase Balance (Connaught) £100.00

13/07/2010 Increase Balance (Connaught) £1147.91

13/07/2010 Increase Balance (Connaught) £5.65

 

Where do i go with this now - there is no explanation for these debits to this account - i have no idea what these charges are for.......

 

 

thanks

 

OOT

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..the only thing i can think of is that it is to do with the failed court action that they tried to instigate ( see earlier posts).

.The first 2 debits of £190 and £100 are probably solicitors costs - the big £1147.91 is probably interest/missed payments?

 

...however, there is a line that says " INTEREST RATE DURING STATEMENT PERIOD %p.a" there is no figure for the interest rate.

 

At the end of the day this account is STILL in dispute.

 

Need help here guys -

 

OOT

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Make a formal complaint to them - then report them to the OFT (Consumer Direct)

If you find my advice helpful - please click on my scales

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Also write to ALL the CRAs informing them of the failed Court action and demand that they remove the information as it is unlawful

 

If those figures are reported on your credit files I would also report them to the ICO

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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  • 1 month later...

Dear Friends,

 

i hope everyone is well.....

 

just a bit of an addition to this saga.

 

I wrote to first credit to make a formal complaint regarding the charges.

 

They sent a letter back last week. This letter is headed FINAL RESPONSE.

 

They say that the charges are valid as ' my account is now subject to legal proceedings. On 9th July 2010, Judge and Priestly issued a claim in respect of the above account. We note that a defence was filed on 23 July 2010 and the account is now with LCS solicitors who are dealing with the defence.

Our aim is to resolve all complaints internally. However, in the event you remain dissatisfied with our response, you may refer the matter to the FOS within 6 months of the date of this letter, However we would like to make you aware that it may fall outside of their jurisdiction as the account is subject to legal proceedings.

We hope to resolve matters for you before you take this step.

 

 

I also received a letter from HMCS dated 27th July 2010. This letter just acknowledges my defence and states that if the dispute cannot be settled then the claimant (1st credit) have to inform the court that they wish to proceed. The court will then inform me.

It also states that if 1st credit do want to proceed then they MUST CONTACT THE COURT WITHIN 28 DAYS OF RECEIVING MY DEFENCE.

After this 28 days the claim will be stayed, the only thing 1st credit can do then is to apply to a judge for an order lifting the stay.

 

The courts have not contacted me regarding this, there has been no communication from Judge and Priestly or LCS.

 

So as far as i am aware the claim is now stayed. If so, can 1st credit add these charges?

 

Whats the next step forward on this?

 

as always, many thanks

 

OOT

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  • 3 weeks later...

..Bit of an update...

 

 

received a letter from LCS today - they say.......

 

"It is clear that you do not intend to make payment of this debt nor do you intend to negotiate any mutually agreeable method of payment.

 

You may assume that an application for removal of the stay and for judgement is in preparation and that you will be served with the documentation in due course. We are arranging for the case to be transferred to ******** County Court for the purposes of the application.

 

 

So it looks like they are having a final push...... what do you think i should do here?

 

thanks in advance

 

OOT

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LCS are 1st cruds so called solicitors, only they don't rearly exist, not been in business since about June this year.

Personally I would just ignore the idiots, I have heard it all before from them, still waiting 3 years on for these so call papers to arrive

Plop, Bull and Full Of, spring to mind.

If and its a BIG IF, you do receive anything further from the courts, deal with it necessary, until them, enjoy xmas and see what santa brings you.

It will certainly be more than he will be bringing 1st Cruds and their cronies

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How funny, defo one last push in a failed attempt to boost their Xmas party coffers, oh well, seems they will have to go without the extra mince pies and brandy butter this year...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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