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    • Update: tfl is taking me to court I'm trying to get an ooc claim from them but they have not been replying to my emails. 
    • Are these the important pages I need to upload ? 1.  pages 1-4 are court form 10a 2.  2 pages of the CCA agreement  3.  Default notice from NewDay, 22/02/20 4.   Lowell letter stating they own debt ,     Dated 16/11/20 5. Unheaded letter also dated 16/11/20 from NewDay saying they assigned “all of the respective rights etc,”  to Lowell on 23/10/20 I make this 9 relevant pages from what I can see   ( all other pages are statements/default notes and lots of FCA info sheets) just needing your confirmation in advance as I don’t want to send over pages that are not required thank you  UCM      
    • Just out of curiosity aesmith - are you a lawyer?
    • I spoke to a pro-bono entity this afternoon.  They advise I must initiate a claim in the court v the receiver if I want to then file an application for an order for sale.  I must have a claim/ proceedings to be able to force a sale. The judge in the current proceedings  has told me that I cannot force the lender to sell and the lender cannot interfere either.   If the receiver isn't acting correctly and isn't selling - this means I must make a claim against the receiver I could initiate a claim. Or much quicker  - the other entity - with a charge already - could use that to make an application for an order for sale.
    • Thanks Dave It's not too far away, about 8 or 9 miles, so I will probably venture over on my bike if I can't think of a good reason to drive there again! I'll have a chat with Mrs GB_Joe tomorrow and see which shops they visited, I know M&S was on the list (had to try on multiple sets of trousers!) and they are actually in that bit of retail park. The uniform shop is across the way in the Meridian Centre, so probably not helpful to get them involved.
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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.

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      Many thanks 
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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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brighthouse want there stuff back what to do?


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hi every one i am new on here, anyway i have 2 computers with brighthouse and a big t.v and im about to go bankrupt (d.r.o debt releif order) and have paid just over half of the price of the items and really dont want to give them back what shall i do? would moving the items for a few months elsewhere be a good idea? what stuff can they take out of your house? washin machine? cooker? fridge? kids toys and clothes? can they even enter my house without a court order? what can they do as im going bankrupt anyway so cant continue paying them. is there any ways around it? what if i said i sold the goods to pay some other debts? whats the worse they can do? shorely not court and then prison? all the best

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well firstly, you need to do some reading in this forum upon other peoples experiences.

that by far is the very best way to answer all of you questions.

 

the more you read, the stronger you become.

 

but just to get the ball rolling.

 

BH nor anyone has the right to enter your house, seize gooods, theirs or otherwise so get that out of your head.

 

the ONLY people that can do that are court bailiffs and thats AFTER its been to court & getting that far is a VERY long long way away for you....if EVER.

 

obviously we know little of your history behind your DRO thinking, BUT i will say this much...is there a need to do this?

 

pers i think not, this site is a wealth of info supported by a very knowledgable membership.

 

may i suggest you p'haps outline your troubles so other could p'haps recommend betterways of dealing with your debt issues.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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would moving the items for a few months elsewhere be a good idea?

 

There is no need to move the items as Brighthouse CANNOT enter your home and just take the goods. You have paid more than one third, so you have lots of rights.

 

what stuff can they take out of your house? washin machine? cooker? fridge? kids toys and clothes?

 

Brighthouse can't take anything without a court order, no matter what they say.

 

can they even enter my house without a court order?

 

Nope, as you have paid more than one third. If you fall behind with payments BH must first issue you with a default notice and give you the 14 days to rectify the problem. Only after this could they pursue court action - this is unlikely as I have never heard of BH taking anyone to court. If they turn up at your door demanding entry, tell them to go away (in words of your choice). If they refuse, then call the police (non-emergency number) and make sure the BH staff member (who is pretending to be a bailiff) knows you are doing this.

 

what can they do as im going bankrupt anyway so cant continue paying them. is there any ways around it?

 

I am unsure how HP comes into a bankruptcy.....It's not my strong point.

 

what if i said i sold the goods to pay some other debts? whats the worse they can do? shorely not court and then prison? all the best

 

If you sold the goods, then that is theft. They could have you arrested and prosecuted, so prison could happen. I strongly recommend you forget this idea.

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