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    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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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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What are my rights in this situation? Faulty Workmanship


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I recently had a new floor put down in my flat (May '06) and it has subsequently developed a fault, see image below. The floor has started to rise along one section stopping me from closing the door.

image042do8.jpg

 

I phoned the company that fitted the floor and have been in email contact since. The last email asked that I get a joiner round to quote for fixing the floor because "to travel up from yorkshire would be very bad commerce". I live in Glasgow so approx. a 4 hour trip for him.

 

What are my rights regarding repair etc?

 

Thanks in advance.

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You're entitled to be satisfied, so do as they suggest - a local joiner may fix this for a small amount, and if your contractor pays this, there's no problem. Try to get a joiner that comes recommended. By the way, apart from the imperfection the floor looks lovely!

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I can see from the photo that its a laminate floor and the reason its risen is because when it was laid, it was probably laid right up to the edge of the room at all sides. This type of flooring should have a gap for expansion round the edge, as it will expand and shrink depending on the temperature and weather conditions etc. Ideally it should have had a beading layed over the edge to hide the small gap around it or appropriate skirting board with edging, so I would check and explain to the fitters that, that appears to be the reason for the problem. Either way, if it can be relaid on the outer boards as its probably clipped together, board by board and the expense will be covered by the origional company, than apart from the inconvenience...the problem will be solved.

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It's an 18mm solid oak floor, not laminate. As it's real wood it can suffer expansion problems from moisture. Essentially it's the same kinda problem. Not enough space to expand. So original company will have to pay/supply the material and the cost of a joiner to fix it?

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Having a second look again at the photo, I can see that the boards have been staggered the wrong way, which wont support the individual boards properly either. You generally lay full boards, but stagger at the beginning and maybe the end of the room, if they run out, or at least the first board on a new run, so to speak. It appears theyve cut short boards in the middle of the room which doesnt help either.

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Court action would mean raising the case in E&W and the attendant problems of cross-border litigation. Their suggestion of getting someone local to fix it DOES seem the most sensible, however, since THEY are in the business, why not get them to source a local contractor - this means there's no responsibility on the OP to pay additionally and try to get the costs repaid if they subsequently don't want to play ball.

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  • 4 years later...
Court action would mean raising the case in E&W and the attendant problems of cross-border litigation. Their suggestion of getting someone local to fix it DOES seem the most sensible, however, since THEY are in the business, why not get them to source a local contractor - this means there's no responsibility on the OP to pay additionally and try to get the costs repaid if they subsequently don't want to play ball.

 

------

 

It is probably a good idea to use a local contractor but the Regulation (EC) No 44/2001 does give a consumer the right to choose the jurisdiction, in case of emergency:

 

1. A consumer may bring proceedings against the other party to a contract either in the courts of the Member State in which that party is domiciled or in the courts for the place where the consumer is domiciled.
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