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    • Don't worry, a week and a half is fine, especially as you've already drafted a WS. However, we need to see everything as dx says in the post above.
    • This preliminary hearing has been allocated 20 minutes so it should be fairly simple. However, judges are always on the look-out to get cases settled and sometimes these things can mushroom unexpectedly, so I would take along all the paperwork in order and prepare too much rather than too little. For example, we have a recent case where someone went to a preliminary hearing but the judge was appalled by the parking company's case and put huge pressure on their solicitor to discontinue - which he did. I have personal experience of trotting along to a preliminary hearing, only for the judge to go ballistic at the other side's solicitor who promptly dropped the whole case against me. I suggest your Mum takes these notes along and refers to them when necessary.   1.  I sent Parking Eye a Subject Access Request on 03/07/2023.  After one calendar month they had not replied. 2.  Their failure caused me a great deal of distress.  I was desperately trying to prepare for a court case and I felt they were hiding information from me. 3.  However, I did not rush to court, I sent a Letter of Claim on 03/08/2023 giving them an extension.  Again they did not reply.  So I started this court case. 4.  Parking Eye insist I have proof of postage for everything I sent - and I do.  5.  Parking Eye eventually satisfied my Subject Access request at the end of August 2023.  I believe they put a false date on their letter to pretend to have satisfied the one-calendar month deadline.  I believe they will have no proof of postage. 6.  In April Parking Eye sent me a letter to try to settle the matter, which offered me nothing.  7.  Later I sent them a letter offering to settle and asking them to offer a serious amount, not nothing, but they did not reply. 8.  I would be willing to settle out of court, but not on the basis that they offer me nothing.  
    • That was the date the email was received from them
    • Morning guys, I would appear I have more people chasing me than first listed. Apologies for this but I had a Very account for £2292.20 that was sold onto Lowell and Overdales, who sent me a PAPLOC request earlier in the year which I replied with all the usual, sent off CCA request etc. They responded on 07/03/34 with the attached. I guess i forgot to list this here nearer the time, They have sent me another PAPLOC request.  Could you please give me your thoughts on what they replied with previously and what I should do next? img049new.pdf
    • What does the date refer to please? HB
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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 
      • 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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Hello All,

well i have recently made an effort to get my finances in gear and have clocked up a good £4000 in debt which i am now slowing paying.

 

However, i have had a warrant of execution following several letters to my old address and long and short of it is that if i don't pay £140 today they will "be be round with the police and a locksmith" please can anyone tell me my rights with this and how i can make some arrangement to pay it.

 

My story and im sticking to it, is that i have not lived at the address for 6 months and have just picked up the post with the court letters etc and the warrant of execution. I was under the impression that if you was not aware of a court summons they could not take you to court?

 

 

Any advice is most welcome and i have until 4pm tonight to decide whether to take a cheque for £140 (which will leave me in an unfavourable position) or to take whatever advice you have whatever that may be.

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Guest Old_andrew2018

Not sure what help I can be, I would suggest due to the urgency you should send a PM to moderators with a link to your thread with luck they can ask some more experienced members to give acvice

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How long ago was the judgment awarded against you?

 

i would guess that it was a default judgment

 

can i also ask what the debt was for?

 

regards

 

paul

 

The letter of warrant is 13th February asking me to pay on the 21st then i have the

"Notice of removal" on the 22nd i guess.

 

But i only got both ont he saturday just gone hence me not dealing with it sooner.

I have the letter here and the quote is

"A removal van, a locksmith and the police may be booked to attend your premesis on" (no date)

 

Also this is not my property and the belongings are not mine either.

 

Debt is for Open University OUSBA fees (a course i started didnt finish or pay for)

 

Thanks

Matt

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If this warrant is for a County Court Judgment then you will be lucky as you simply need to contact the court and tell them that you have moved premises etc and they can put the warrant on hold.

 

They will suggest the same as me that you need to apply to have the warrant suspeneded but I would suggest telling the court that you need to apply to have is set aside. The court will guide you on the forms.

 

This should be very simpe but there is a court fee to pay,

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If this warrant is for a County Court Judgment then you will be lucky as you simply need to contact the court and tell them that you have moved premises etc and they can put the warrant on hold.

 

They will suggest the same as me that you need to apply to have the warrant suspeneded but I would suggest telling the court that you need to apply to have is set aside. The court will guide you on the forms.

 

This should be very simpe but there is a court fee to pay,

What will having it set aside mean?

 

I will call them in a second once i am 100% on what i have to say (i.e once you have replied)

 

Thanks

 

Matt

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Guest 10110001
... several letters to my old address and long and short of it is that if i don't pay £140 today they will "be be round with the police and a locksmith" please can anyone tell me my rights with this and how i can make some arrangement to pay it.

 

Contact the original creditor and get the case out of the bailiffs. DO NOT give them your new address.

 

If you have given your new address then keep all windows and door secured until this matter is resolved.

 

The locksmith comment don't look right,

for threatening to get a locksmith, so run this checklist:

 

1. The Bailiff must be certificated, check HMCS Bailiff Register 0207 210 0516 and ask for the name and address of his certificating court.

 

2. The Bailiff or his firm and anyone trading in debt recovery must have a Category E consumer Credit License pursuant to Section 21(1) of the Consumer Credit Act 1974 otherwise they are committing an offence under Section 39(1) of the Act. Check the Consumer Credit Licensing Public Register on 0207 211 8608 and press 1 to search register and quote his postcode.

 

If you get a NO from either of he threatens ytou with a locksmith without a levy then file a Form 4 complaint against the bailiff.

 

... My story and im sticking to it, is that i have not lived at the address for 6 months and have just picked up the post with the court letters etc and the warrant of execution. I was under the impression that if you was not aware of a court summons they could not take you to court?

 

You say warrant of execution which incidates a county court rather then a migistrates court. More info needed on what type of debt, e.g. parking, CCJ etc.

 

Any advice is most welcome and i have until 4pm tonight to decide whether to take a cheque for £140 (which will leave me in an unfavourable position) or to take whatever advice you have whatever that may be.

 

Pay him £140 with a credit card, if the bailiff has overcharged you then you the

.
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Guest 10110001

We crossed in the post (pun).

 

What will having it set aside mean?

 

Suspended by the court so you can reach an out of court agreement with the creditor.

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Guest 10110001

See if you can cut a deal directly with the creditor & go with TomTubby with getting it out of the bailiffs, she's more clued up on that side of things than me.

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Right, i just called the County Court Enforcements department and told them i got this at my old address and asked for it to be set aside (which she corrected me and said "suspended".

She then said i had to speak to the bailiff about it as he deals with it on behalf of the creditors.

Which lead me to a dead end.

 

Advice appreciated again, there was no mention of forms etc, they just told me to speak to bailiff.

 

Thanks

 

Matt

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Guest 10110001

Contact the creditor and cut a deal, if a bailiff turns up you can hand the repayment agreement through your letterbox.

 

The creditor in this case will have already paid the bailiffs fees upfront, so he'll probably want you to pay them. Court bailiffs are paid regardless they collect or not, so you'll have an experienced one because there's a heirachy amoung newbie bailiffs for 'cushy' work.

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Thanks so much for your help i now have it sorted.

 

I contacted OUSBA who gave me the number of Geoffrey Leaver Solicitors and they have agreed for me to make a payment of £50 and then £25 a month whilst i clear some of my other debts off this is great news for me and i am very grateful for the advice here.

 

Thanks

 

Matt

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