Jump to content


  • Tweets

  • Posts

    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
    • Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning,  Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email.  When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item.  Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again.  Unfortunately, we would be unable to offer you an enhanced payment on this occasion.  If I can assist further, please do let me know.  Kindest Regards Claims Team and my response Good Afternoon  Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..    
  • Recommended Topics

  • 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
      • 161 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
        • Like
  • Recommended Topics

Bryan Carter CCJ - Very Worried


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4412 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi and thanks for reading this.

 

I suffer with depression and Aspergers syndrome, I have good and bad spells. Winter is usually quite tricky.

 

I don't really have a fixed abode, I often stay with my brother but I move around. I don't work since redundancy came along nearly 5 years ago. I'm nearly 50 and my nerves are not the best, the Aspergers seems to be getting worse and dealing with daily life feels increasingly uphill. I don't claim any benefits at all, some wealthy relations give me some pocket money in the form of an informal quarterly loan which just rolls up and will one day be offset against an inheritance (assuming I'm still above ground).

 

When I was made redundant I had a number of things on credit which I couldn't pay. I sold my house and everything I owned worth selling, paid off what I could and moved on. I ignored the letters that followed afterwards - my bank account is registered to my brothers address so after a while the letters started going there. They were just general threats, nothing happened and they gradually mostly stopped. I find the whole thing hard to approach and very frightening.

 

Two weeks ago I discovered that Arrow Global / Bryan Carter Solicitors have obtained a CCJ on 7th March, in the amount of £4,999 + £186 costs, and I have been ordered to pay Bryan Carter solicitors £50 per month by/starting 6th April.

 

I have no idea whether I actually owe this amount or anything at all to Arrow Global...I probably owe someone something that has eventually made it's way to Arrow Global, it's hard to say. I have no records and my memory has holes in it for chunks of time.

 

People with Aspergers often have trouble making decisions, and I am befuddled by the choices. I feel like I should belatedly try and get the Judement set aside so that I can ask for proof of what I do or do not owe, but my circumstances are odd to say the least and might seem odder to a court. I am also scared that this acknowledgement that I can be reached via an address will send a beacon flashing to other creditors' agents which re-igntes who knows what nasties sitting in the wings.

 

I could ignore the thing completely - it neither bothers me nor my brother whether baliffs turn up or not. I own nothing so what can they do, I don't even officially live there (or anywhere). But armed with a CCJ they could shut down my bank account which would be a major problem.

 

I could ask the court to amend the payment to a lower amount - but, again, explaining my circumstances or finances (basically I have no finances...but I still get some money), is tricky...or so it seems to me.

 

I could just try and pay £50 a month...but I would have to ask for more money (which obviously I am very loathe to do) and, surely then Arrow will just go around trying to gather up whatever other debts of mind they can find or take on and have a field day.

 

I've sat and thoughts about it for 2 weeks...if I don't get some advice I'll still be sat here at Christmas. But now time is short.

 

What on earth should I do?

 

Thank you,

 

Adrian

Link to post
Share on other sites

Hi Adrian,

 

Welcome to CAG these debts are not priorities at all, even if the lot of them

were to take you to court you have no income and sadly no permanent home.

If the worst happened and they pursue the court claims you are quite clearly

a vulnerable person with no traceable income they cannot have that that does

not exist.

 

Have you tried any of the charitable organisations in your area for help

with benefits and housing?

I see if anyone else here can offer any suggestions.

Coming to CAG Adrian you are not alone.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

carter cant shut your bank acount down so put that out your head.

 

as for bailiffs, its a civil debt so they cant be involve either.

 

if you knew nothing about the CCJ

 

get it set aside.

 

BC are a crafty lot, and i bet the debt is dodgy in the first place.

 

you ideally should check your CRA file

 

it will give you a good few pointers

 

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... 

Link to post
Share on other sites

Is this a really old CCJ or a new one issued recently. Personally I would check first to see if there are any charges being added to the acount, late payment fees etc.. . if this is your debt that is.

 

Any PPI taken out on this debt?

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

Two weeks ago I discovered that Arrow Global / Bryan Carter Solicitors have obtained a CCJ on 7th March, in the amount

of £4,999 + £186 costs, and I have been ordered to pay Bryan Carter solicitors £50 per month by/starting 6th April.

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... 

Link to post
Share on other sites

I just wondered if it was an old dormant CCJ and they have recenetly found Adrian. Claim back all charges and PPI if any.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

Hi thanks for writing. I am confused though, I went on a government site looking at the enforcement action that can be taken for ignoring a CCJ and one of the things they outline is that they can apply to have your bank account frozen and the money in it paid to the creditor - and the first you know of it is when you can no longer gain access to your account. I would like to understand how this is wrong as it is a significant worry to me, thanks.

Link to post
Share on other sites

Hello Adrian,

 

I think you need to get in contact with an agency such as National Debtline - We do have a couple of Nat Debt official reps on the site and your thread has been flagged for their attention.

 

If you would prefer not to wait then perhaps you might like to telephone them.. 0808 808 4000

 

This is the link to their website NATIONAL DEBTLINE you could also email them.

 

If you explain to them exactly what you have said in your first post - perhaps they could point you in the right direction.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Would your brother be able to help with any paper work - perhaps attempting to get the CCJ set aside and checking to see if there are any charges or PPI that could be reclaimed.

 

You need information from Credit reference agencies, and from the original creditors. I am assuming that as you have moved around then it is unlikely you have statements or letters tucked away somewhere ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

You could check to see when and where this CCJ was issued by searching trust online

 

http://www.trustonline.org.uk/ - it will cost you £2.00

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

I have no paperwork at all from before, and no longer have access to the bank a/c I used in those days. But there was never any PPI on anything I had as I was particular about that. The CCJ was issued at Northampton CCJ 7th March 2012, I have the letter N30 'Judgement for Claimant (in default)' and that's all with that date, 7th March, on it. If I try to set it aside then I assume I might have to attend a court to explain my situation which frightens the life out of me. I'll call the National Debt helpline later today as you suggest, makes sense. Thanks.

Link to post
Share on other sites

Hello aidrianbruce,

 

We're keen to help. If you've not already contact us please feel free to do so on the number that Citizen B has listed.

 

If you have already called and have spoken to an adviser how did you find the service?

 

Best wishes,

 

National Debtline.

For Free, Confidential and Independent advice: 0808 808 4000

Monday - Friday 9am to 9pm // Saturday 9.30am to 1pm // 24-hour voicemail. Please leave a message to request an information pack. http://www.nationaldebtline.org // http://www.mymoneysteps.org

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...