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    • dispute it with whichever cra provider is now showing it. simply state the a/c is from 2015 and was defaulted (date) and should not have re appeared. probably getting ready to sell it on. dx
    • please create you OWN topic by hitting create or + in the top red banner dx  
    • Hi mate Thanks a lot for commenting this experience of yours. I do understand this might be something that you are not willing to talk about anymore but the same exact scenario happened with me today at John Lewis. They took my name/ address/ a picture of me holding a signed banned letter. the only question I've got is will I be contacted by the police and will this be recorded as police caution or criminal record?  I would really really appreciate if you could let me know how it went.  I am so so so ashamed of myself and am really making changes in my life I feel like I've lost myself for a period of my life but anyways it would be really great to hear back. Thanks 
    • I thought Delinquent ment "missing payments" its active so assumimg it can be seen ? also this is the only thing change on my credit file and that in its self being re added has dropped my credit score . the debt is SB and did drop off my credit file so how have or how can they re add it again ?
    • ah sorry delinquent means it dead so not hurting your file. dx  
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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
      • 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
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Nationwide strike again. 2nd Summons!!!


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Update time:(

 

Got a letter from the court.

No ajournment

Claim reinstated and summary judgement for the claimant at the same time.

JUdge said no real prospect of sucess on our defence.

Lots of costs added.

 

What can we expect now?

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Hi Paul. We did but we were late filing it and we also asked for an adjournment.

 

Can I just add at this point that I would like to say thanks to many on this board and especially you. You wont remember but a couple of years ago you helped me on a defence for another Nationwide case which we won thanks to you. Im very grateful:) thank you.

 

Out of interest does anyone know what we can expect to happen now?.

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well, with judgment

 

they will be entitled to the monies and if you do not pay then, they can seek a charge on the property or a attachment of earnings

 

or in worst case, orders for sale

 

its a serious moment

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Right, thanks. We dont own a property, we had to sell it to avoid repossession but only just broke even. We are paying back debts to other companies on reduced terms and are really robbing peter to pay paul each week.

 

If they go for the attatchment of earnings then they will be taking money which is alloted to other debts. We have zero disposable income.

 

Should we contact them and explain the situation or is it our of our hands?

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One more question please.

 

If the worst happens and they send in bailiffs what do they consider taking.

 

We are not married, is my wage taken into consideration?

 

The car is a banger and is mine as is the furniture.

 

Other half really only has his personal things, clothes, cds, that sort of thing.

 

The only item of value in the house is a newish TV which my adult son who lives with us bought himself at Xmas.

 

What happens if there is noting for them to take of value?

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Have you looked into bankruptcy??

 

I know it sounds horrible but I can assure you it's much nicer than the High Court bailiffs .....

 

If you are really that down then you have nothing to lose and with little disposable income you will be instantly debt free and probably discharged in 12 months.

 

Recently advised & helped 2 friends go through it and it's not bad at all.

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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If you declare BR you take a lot more control if the situation rather than the bailiffs who will just try and take absolutely everything other than bedding and life's essentials.

 

BUT saying that they have to get in and they have no right of entry (other than open window or door) so don't let them in.

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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Thanks for the reply. Im not sure about the bankruptcy thing, I read up on it a while ago and cant remember the reason now (I will have to do another read) but I felt from what I read that we wouldnt be considered.

 

Can I also ask about liability. Its not my debt so can they start taking things which belong to me if the worst does happen?

Is it likley tht bailiffs could just appear or will we hear from the Nationwide first. Is it worth him contacting them to make an offer of payment?

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Thanks for the reply. Im not sure about the bankruptcy thing, I read up on it a while ago and cant remember the reason now (I will have to do another read) but I felt from what I read that we wouldnt be considered.

 

Can I also ask about liability. Its not my debt so can they start taking things which belong to me if the worst does happen?

Is it likley tht bailiffs could just appear or will we hear from the Nationwide first. Is it worth him contacting them to make an offer of payment?

 

 

If your name is not on the judgment then the bailiffs cannot touch your belongings and they cannot touch your sons etc if his name is not on the judgment.

 

As mentioned above the bailiffs have no right of entry so do not let them in!

 

If you want to make an offer to the creditor then it couldn't hurt to see what they say.

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If you make an reasonable offer and they refuse you can ask the Court to make an Order, but that would involve turning up at Court which AIUI is out of the question at the moment.

 

Certainly make an offer - nothing to lose by it.

 

In my experience the bailiffs will try and claim everything and then it is up to you to *prove* they are not your OH's possessions. IIRC as a couple the 'household' possessions are considered 'fair game' but your son'e will be exempt.

 

If NW decide to play nasty you will not get any warning.

 

There is no issue of 'being considered' for BR - the test is whether you owe more than you are 'worth' if you cannot afford your debts you are insolvent and can declare BR.

You fill in some forms, meet with the Official Receiver and they look at your income as to whether you are able to make any payments at all towards your debts. If not then all your debts are written off and you start again.

 

You can open a bank account as soon as you are declared BR although you will not get an overdraft or credit in the 1st 12 months

 

After 12 months you are normally discharged and are free.

 

You are unlikely to get cheap credit but there again that's no different from now is it .....

 

Best bit is no creditors, no phone calls no hassle all gone

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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Thank you for the advice.

 

If he approaches them to make an offer of payment (it would have to be a monthly payment, we cant possibly find the full amount) then do we contact Nationwide or the solicitors thst were acting for them?.

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Thank you for the advice.

 

If he approaches them to make an offer of payment (it would have to be a monthly payment, we cant possibly find the full amount) then do we contact Nationwide or the solicitors thst were acting for them?.

 

 

 

Make the offer to the solicitors as they are the ones who will be instructing the bailiffs, but you can also make the offer to the bailiffs if/when they turn up at your door.

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