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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.

      Please can you advise what I need to do today to get this done. 
       

      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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UK Debts - Living Abroad


davedebt
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You should send the letter in the library telling the DCA not to call you and that all communication has to be in writing. Here's the link

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

Do you know if the card has incurred charges? If it has you should send Lloyds the SAR (and a £10 cheque) by recommandé (French recorded delivery)

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

If the card has incurred charges when you send the harassment letter to the DCA you should also put the words "THIS DEBT IS IN DISPUTE" on the letter and then they'll have to send all the paperwork back to Lloyds.

 

Make sure you keep copies of all correspondence.

 

Did you send your offer(s) by recorded delivery? If not it may be sensible to send them again but by recorded delivery with letter G in the templates on the General Debt forum - you may need to tweak it a bit to reflect them ignoring your previous attempts

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Finally, no personal experience of banks/DCAs chasing around France but debt collectors don't stop at the Channel and I do know of people who've been pursued for other UK debts when living abroad.

 

Hope this helps.

 

bb

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Is there someone in the UK who could forward mail from/to you?

 

Or get a PO box in France? If your local PO doesn't have any available they should be able to tell you where there are vacancies.

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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if they obtain a ccj it wil be enforceable in uK only as diffferent country different law. there is no communication between the bank of england and the banque de france, excetion in case they suspect fraud and etc...

 

If they get a CCJ they can then go for a statutory demand and then bankruptcy and they can do this regardless of whether you are in France - by which I mean they can serve a statutory demand on you in France and they can serve a Bankruptcy Petition on you in France.

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Having lived in France, and many other European countries, I know what "bancaire interdit" is and, frankly, it is totally irrelevant to this topic.

 

Yes davedebt, they will need a physical address BUT if they don't have one they can go to court and ask for "substituted service". Plenty on the web about that and here's an example - http://www2.blackpooltoday.co.uk/publicnotices/27-05-05/12992234.pdf

 

If they win the statutory demand case they can then bankrupt you. It doesn't matter where you are - you are in the EEC and EEC law applies.

Someone I know very well had a statutory demand served on him in France by an English yob debt collector (probably lived reasonably near). By the way to check it was the right person they got a private investigator to send him a letter, by recommandé (so he had to sign for it) but there was nothing in the envelope...but they'd got his signature...

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so the bankrupcy can only be enforced in UK and that is it.

 

Exactly, the bankruptcy can be enforced in the UK, so can the statutory demand, so can the CCJ - it doesn't matter where davedebt happens to be at the time - they can ALL be enforced in the UK. Having been enforced in the UK they can then start proceedings to get bailiffs round etc to enforce them in France.

 

I said all your comments about "bancaire interdit" were irrelevant in this situation. I did not say French laws were irrelevant - please read my post again.

 

It is NOT particularly complicated to start legal proceedings in France to enforce JUDGEMENTS entered against you in the UK and many UK law firms have "relationships" with other European law firms for just this sort of thing.

 

I don't know which nationality you are but you don't appear to be French. I don't mean to be impolite to you I may perhaps know a bit more than you about BRITISH insolvency law and how BRITISH creditors chase BRITISH debtors in foreign countries - being British and having lived in these countries myself.

 

I realise you are trying to be helpful but what you have said so far is really so wrong I would laugh if it wasn't for the fact that someone may take your advice and get seriously damaged because of it.

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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davedebt - I seriously recommend you have a good read through the debt forums. Many of your questions will be answered there. The actions you should take are the same as they would have been if you were still in the UK. The consequences, if you do not do something about this, are enforceable whether you are in France or not.

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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They know where you are so they're more likely to chase you than if they hadn't got a clue where you'd gone. That said they're less likely to chase you as you're not in the UK, but it is £12,000. Depends on how hungry they are...

 

Yes, do the CCA and check they have a valid, enforceable agreement.

 

If they do have an enforceable agreement you should then do the SAR to check what unlawful charges have been levied - and they shouldn't try getting a CCJ if the account is in dispute.

 

Both of these things mean giving them an address... but if the debt is enforceable then.... we've been through that...

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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