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    • HI   Firstly the parking in front of your drive, do you have a pavement with a Drop Kerb in front of your property to access your driveway, if so are they infringing on the Drop Kerb? (note your can ask the council to to paint a white line with lines at the end on the road in front of the drop kerb please note there may be a cost from the council to do so)   As for the CCTV look at this ICO link: https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-using-cctv/   Due to the new DPA/GDPR if you have CCTV on your Property and it views outside of that Properties Bounderies they then need to register as a Data Controller with the ICO.   So I would make a Formal Complaint in writing to the Councils Data Controller, ICO (specifically asking if this individual is Registered with them as a Data Controller) & Police, you need to keep a good paper trail of this individuals actions.   I hope this individual knows the Law on Harassment as from your thread that is the impression I get is no matter what you do they will find something else to complaint about.  
    • Most guarantees are not transferable anyway to the new owner so why a solicitor should request it is pointless.The quotes should suffice to prove the work was carried out.   Andy
    • Apologies for the prolonged radio silence!   To cut a very long story short, I went back to Barclaycard (because I bought the car with my VISA card) and they offered to repair the car at a cost of £2500.   We accepted the offer because we were advised that even if we went to court and won the case, there was no guarantee that the dealer would give us our money back anyway or would end up paying us £10 a week for the next umpteen years.   The decision to have the car repaired was also made in the light of the fact that apart from the gearbox issue the rest of the car was in good nick. It is running fine after nearly 4 months now, so even if our friend gets a few more years out of it it will have been worth it.   Now that it is all settled I can reveal the name of the dealer - it was Thatcham Motor Company, in Thatcham, Berks. Very pleasant to deal with at first whilst everything was ok but boy oh boy, beware if anything goes wrong!   Similarly Momentum Warranties who provided the 6 months "warranty". On paper this warranty apparently covers practically every conceivable fault that the car might develop until you try to make a claim!   It seems that only if a component physically breaks that any cover is provided, otherwise they will hide behind the "fair wear and tear" get-out clause. Can an ECU unit be subject to wear and tear?   I would not touch either of these outfits again with the proverbial barge pole. Buyer beware!   One further thing I forgot to mention. We ran up considerable expenses trying to sort all the issues - the engineer's reports, travel costs etc.   Is it too late to try to claim these back from the dealer now? I just ran out of energy by the time Barclaycard agreed to pay for the repair but now the dust has settled I am up for it again!   Would this have to be done via the Small Claims Court?
    • no rush yet not due for 3 weeks as per andyorch's information above   i'm sure we'll get time before then.   dx  
    • There is a space for comment on the N180 where you can state that you wish to object to any request by the Claimant for an "on the papers" hearing. I wouldn't worry about the permits term, as the non-display of a permit is not the apparent cause for action against you. Have you sent them a CPR request for documentation?
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hsbclinkdcms

Help needed with a very tight one...thank you!!

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Yes, I'm also astounded but then we are consious thinking people. You have to remember that at best, the DCAs only have one brain cell amongst their staff and get very confused with anything outside of an N1 claim form.


Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Ok another development.

 

The court order striking out the claimant's case stated;

 

For not supplying an AQ the case is struck out.

 

It is now apparant that the case could have been struck out under CPR 3.4... Failing to comply with an order rather than 3.7.... failing to pay the relevant fee, though there is no indication on the strike out as to which CPR was used.

 

However CPR 3.7 deals with sanctions for non payment of fees and as the strike out said their case was struck out on the basis that they did not file an AQ I don't think they will have used 3.7 (even though this option was open to them) and the claimant could be right !!

 

I had already sent commencement of detailed assessment and bill to the claimant with no reply and subsequantly applied for and received a default costs certificate from the court. This is now up to the application for a warrant of execution stage, which has been paid for but is stayed.

 

Any advice on this or what I should be doing next ?

 

Why was there nothing in regard to costs on the strke out order ?

 

Why did the Court allow me a default costs certificate etc ?

 

The claimants objections will be placed before a DJ shortly, is there anything that I can do to influence the outcome ?

Edited by hsbclinkdcms

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H

What amount of costs are we talking about here, ball park figures only?


Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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500+

 

This is with the fees for the default costs certificate and the warrant of execution.

Edited by hsbclinkdcms

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Going to court tomorrow so I have to bump, any advice please.

 

I was lead to believe that the case had been struck out because of non payment of fee and the court processed my application for a default costs certificate and a warrant of execution, so I thought it was progressing on that basis.

 

The claimant have filed objections which are going before the judge and I think that they may be right in that this may have been struck out under CPR 3.4 (non compliance with a court order rather than non payment of fees) and as there was nothing relating to costs on the strike out order I think they will be granted their objections.

 

Is it worth composing a letter to the court, stating that the information that I was given was incorrect and I was confused as the court continued to process my case on the basis of automatic costs, accepting their objections but adding that I would like the court to resolve the costs issue. I really don't think that once they start an action that took me a lot of time to prepare for that they should be able to walk away without paying costs, they didn't pay their fee or file an AQ...why should I suffer because of their ineptitude.

 

Advice greatfully accepted.

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Well I sent a letter off to the court, they hadn't filed any objections, they had only 'rung' the court.

Judge gave me costs and ruled that the enforcement action taken so far should stand.

Received a letter from the Bailiffs today stating that they had attempted to enforce the warrant but could not find the defendant.

 

THEY COULDN'T FIND LINK FINANCIAL ???

 

Any ideas on this strange turn of events ??

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Congratulations hsbclinkdcms.

 

Just finished reading this thread. Cant find Link Financial:):):) Just goes to show.


Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

A to Z index

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

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Link's registered address is in Camelford House, 87-90 Albert Embankment, London, SE1 7TP. There are umpteen other companies listed at this address, among them Comic Relief, which is quite appropriate when you consider what a bunch of jokers Link are:lol:

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Well, if the court bailiffs "cant find" a well known DCA you have to wonder who they can find, although if they had to find you, i bet they would be knocking on you door in the first five minutes:(

 

What does this say about the system in our country?:(


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Very true, CCM. Perhaps the DCAs at Link were cowering under their desks when the bailiffs called.

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oh come on - Just read the whole thread and your not going to tell me if the bailiffs found link and marched out with several oak desks and the directors chair or not!

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Well, got home today to find they have sent me a default notice.....not the original but one dated 23/09/08 and including the section 69 interest included in the original POC.

 

I have not got a clue as to what is going on now ????

 

Any ideas or suggestions ????

 

They still have not supplied the court with a fee or their AQs and will be served with an order demanding they supply these within 7 days by the court tomorrow.

 

What is going on ???

 

Comments welcome please.

 

xx

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