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    • 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 
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      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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
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My son is being hassled by a High Court Enforcement Officer. He was 3 days late making a payment on a court order and even though he rang the solicitor to apologise and tell them the circumstances they had already passed his debt to the High Court Enforcement.

The first time he called at the house he agreed a sum weekly with my son (This was the same ammount the court had ordered) He pays it by direct debit fortnightly.

THEN, he came back again to say that his client would not accept that ammount and he would remove goods. My son argued that he could not afford more and that the court had orig accepted that amount. He was told to send a copy of the court order which he did and also an income expenditure sheet. He sent these off to the Officer and carried on making the payments.

Then this week he came back again and left a letter saying he will be back within 7 days to 'remove goods, even in your absence' and if there are not enough goods they will enforce bankruptcy.

 

He has no car or valubles, is out of work at the moment and lives with me and my partner. They also add charges each time they call, itsjust escalating the amount owed.

Any advice would be welcome, thanks.

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Its not Sherforce by any chance is it.?

 

If he has no valuables then they cant take anything.

 

Basically they are just using "the system" to milk as much money out of him as possible.

 

May i ask what the debt is for, and how much ?

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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The debt is for overpayment of wages from 2 years ago. It was £800 but is now up to 2,490 even though he has been making regular payment, although small ones.

The letters are headed High Court Enforcement and as I understand it they are above the normal court and have more powers than a normal baliff.

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Yes they do have different powers, but they also have to abide by the law.

Their fees have to be fair and justified.

I would seek advice from the court that issued the original agreement and ask them to review the situation.

The amount owing is just going to go up and up, as they are no better than the criminals that they pursue, although nobody challenges them.

Good Luck

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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1stlifeline,

 

If your son owns nothing in the house except his clothes, and it is your place, then send a "LETTER OF CLAIM" to whoever it is and state that you are the owner of all the goods at your address. Make sure you send it recorded delivery tho. Any response back, make sure you keep all letters and envelopes that you receive (proof of post mark).

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Just spoken to the High Court Officer. Apparently the charges that are going on are balliffs interest of 33 pence a day onto the debt. Therefore because he is paying £5 per week the baliffs are having half of it and therefore the company he owes are only getting half of what the court ordered. Is there any solution please?

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Somethings dont add up.

 

Even 33p per day only adds up to £241 over 2 years, even if NOTHING had been paid.

 

I think you need to get a breakdown of their charges, and if you have been overcharged, then yes, i would also be inclined to play them at their own game as above.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Guest Screw The Bailiff

He wont get a breakdown, the bailiff will only say send us a cheque for £10. Just put him in front of the judge for overcharging with a Form 4 complaint, that'll trump up that breakdown of fees.

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1stlifeline,

 

If your son owns nothing in the house except his clothes, and it is your place, then send a "LETTER OF CLAIM" to whoever it is and state that you are the owner of all the goods at your address. Make sure you send it recorded delivery tho. Any response back, make sure you keep all letters and envelopes that you receive (proof of post mark).

 

In addition to that you could also make a Statutory Declaration that you are the owner of all the goods at your address

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1stlifeline,

 

If your son owns nothing in the house except his clothes, and it is your place, then send a "LETTER OF CLAIM" to whoever it is and state that you are the owner of all the goods at your address. Make sure you send it recorded delivery tho. Any response back, make sure you keep all letters and envelopes that you receive (proof of post mark).

 

 

is there an example of a "LETTER OF CLAIM" that one could use? searched on the forums but to no avail

[sIGPIC][/sIGPIC]....Please don't bother my master 'cos my sister & I might bite you...

 

I DO NOT offer legal advice

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"I just say what I say because everyone is entitled to my opinion!"

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  • 11 months later...
Guest Thebailiff
He wont get a breakdown, the bailiff will only say send us a cheque for £10. Just put him in front of the judge for overcharging with a Form 4 complaint, that'll trump up that breakdown of fees.

 

you cant file a form 4 complaint against a high court enforcement oficer or his assistant. you can only file that against bailiffs.

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you might find thid usefull

 

infomation on the high court officers associations complaints procedure can be obtained by writing to:

High Court Enforcement Officers' Association.

PO Box 180

Winsford

Cheshire

CW7 2WP.

 

getgoing

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Guest Thebailiff
Just spoken to the High Court Officer. Apparently the charges that are going on are balliffs interest of 33 pence a day onto the debt. Therefore because he is paying £5 per week the baliffs are having half of it and therefore the company he owes are only getting half of what the court ordered. Is there any solution please?

 

High court enforcement companies dont get the intrest, the creditor does the court award the creditor payment infull plus any intrest to which he is intitled, usually at 8% per day.(that is set by the courts and has nothing to do with bailiff companies). If he is paying £5 a week and he does not miss anymore payments then he should gain no extra charges.

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This is a really old thread, so it's unlikely that the pepole who needed help are reading it now.

 

High court enforcement companies dont get the intrest, the creditor does the court award the creditor payment infull plus any intrest to which he is intitled, usually at 8% per day.(that is set by the courts and has nothing to do with bailiff companies). If he is paying £5 a week and he does not miss anymore payments then he should gain no extra charges.
Completely agree and depending on the judgement and the amount owed, type of debt, etc. they may not have even got 8%.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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