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    • I doubt HMCTS holds any data on whether arrests by AEAs required police assistance.  They couldn't or wouldn't provide data on how many of warrants issued were successfully executed - just the number issued!  In my experience, arrest warrants whether with or without bail are [surprisingly] carried out with little or no fuss.  I think it's about how you treat people - a little respect and courtesy goes a long way. If you treat people badly they will react the same way. Occasions when police are called to assist are not common and, having undertaken or managed many thousands of these over the years, I can only recall a handful of occasions when police assistance was necessary. On one occasion, many years ago, I arrested and transported a man from Hampshire to Bristol prison on a committal warrant. It was just me and he was no problem. I didn't know the Bristol area (pre Sat Nav) and he was kind enough to provide directions - seems he knew the prison.  One young chap on another committal warrant jumped out of his back window and I had to chase him across several garden fences.  When he gave up (we were both knackered) I agreed to drive by his girlfriend's house to say farewell for a while.  I gave them a few moments and he was fine. The most difficult are breach warrants but mainly in locating the defendant as they don't want to go back to prison - can't blame them.  These were always dealt with by the police until the Access to Justice Act transferred responsibility from them to the magistrates' courts. The fact was the police did not actively pursue them and generally only executed them when they arrested someone for something else and found they had a breach warrant outstanding.  Hence the transfer of responsibility.
    • thats down to mcol making that option available for you to select, you cant force it. typically if there are known processing delays at northants bulk it will be atleast 14 days later if not more.
    • Thanks   Noting the day to apply for default judgement if necessary
    • nope, as the display model was not the colour the customer wanted. but your question is totally immaterial anyway as custom built doesn't come into it. dx
    • as long as aos is done by day 19 from the date on the claimform they get a total of 33 days to file a defence. (whereby the date top right on the claimform is ONE in the 33 day count) dx  
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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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advice for dealing with a DCA


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hi forgottenone i have tried to connect my scanner up today but i cant seem to find any drivers for it to run on windows vista as i bought it when i had XP on my old PC but i can upload all of the letters that i have written as they were written in MS Word if someone can tell me how to upload them then i will but i am going to see if i can get my scanner to work on dads PC so i can put them on cd and then on here.

 

i am also going to put a post on a deaf forum that i use on a regular basis to see if there is anything that can be done about them from a deaf persons point of view or there is any guidelines in place for dealing with deaf/ disabled persons and if there is i will post a link to it so other deaf/ disabled persons can use the information (but i will need to know how to post links please)

 

touchwood OnMyWayOut the last two days all i have had has been the one letter that they sent to me today to which i have sent them an email explaining my situation again that i am on I.S./ I.B. of £45 a week as i am deaf and have a problem with my back and i am not in a situation to either fight or accept this at the moment and could they please stop proceeding's until i am well enough to cope with it (lets see what they say to that) and i have also asked them not to contact my mother by telephone again as she is not willing to speak to them on my behalf after the way in which she was treated by the companies staff (what will they say to that) i also used part of one of the letters but i have typed, printed and mum has sent them recorded delivery so i will wait now and see what happens.

 

this is still being investigated by the financial ombudsman should i send them copies of the letters that i have recieved and sent via the DCA ? so that they have a record of them they know that it has been sent to a DCA but they do not have any of the paperwork (i think).

 

ticktock, ticktock, ticktock, how long will it take.

 

thanks all

J

:)life is what you make of it!

:)

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hi, i have been reading a few of the other post's on this forum and they mention something about an application or something before it is passed over to a DCA what is this as i did not recieve anything from abbey before it was sent to the DCA the first thing i knew about the DCA is when the first letter arrived telling me i had to make contact with them ?

 

Thanks

J

:)life is what you make of it!

:)

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Guest forgottenone

Erm, yes, the notice of assignment eg the legal document instructing you it is being sold/passed to a third party I mentioned earlier.

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Guest forgottenone

To post links, all you need do is copy, then paste them here. Providing it's not a commercial link ie selling services it should be okay.

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i never recieved this "notice of assignment" doe's the DCA still have the right to persue this legally ? and if not what can i do. i have looked through all of my paperwork and i do not have anything from abbey to say they are passing to a DCA.

 

thanks for the help forgottenone:D

 

thanks

J

:)life is what you make of it!

:)

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  • 4 weeks later...

hi all sorry i have not been on i have not been very well but never mind.

 

i was just wondering what i should do now i sent the DCA a letter requesting the notice of assignment and they sent me a letter back saying that the NOA has stayed with Abbey and they have passed my request over to them but i have still not recieved anything and it has been 10 days what do i do if they have not sent it within the 12 days (i think its 12 days?) do i have to send them anything else ?

 

i hope that everyone is well and hope to speak to you all again soon

 

J:)

:)life is what you make of it!

:)

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The NoA should come from Abbey in any case - they are the ones doing the assigning.

The letter from the DCA is correct. If there is any delay it isn't the DCAs fault. This isn't a request under the Consumer Credit Act - it is just a legal request. There is no time scale AFAIK but you can tell the DCA you are putting the matter on hold until the NoA is produced by Abbey. Again, send recorded.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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  • 4 weeks later...

hi all its me again the pain in the butt lol, i am a little concerned as i am still worrying about this DCA i have not recieved anything from them nor abbey and the original letter that i sent them requesting the NOA as it is here

 

Consumer Credit Act template - Consumer Wiki

 

but i still have not heard anything and it has been more than the twelve days stated in the letter. what should i do? should i get mum to ring them and find out whats happening?

 

anyways sorry i haven't been on much and i hope that you are all well, keeping busy and not worrying to much

 

speak to you soon and take care

J

:)life is what you make of it!

:)

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  • 3 months later...

:D First of all, please let me just say a great big thank you to everyone that has both helped and advised me regarding this matter, i don't know what i would have done without you all and this site i am truly gratefull.

 

Secondly i would just like to say that abbey have admitted that it was a "clerical error" on they're end and they have offered to repay everything to the value of £250 which means i will be in credit by £91 odd if i am willing to accept this settlement. so i think that it is fair although i would have been happy if they had just apologised and offered to clear the account and close it.

 

Thirdly. the financial ombudsman has said that i can make a complaint regarding 1st credit regarding the way in which they have treated this situation, would this be worth doing as i know quite a few other people have had dealings with them. i would NOT want anything from them other than an apology for all the C@@P they have put me through and a refund of the postal orders that i sent them for the NOA and the other thing ( £11 total). but it it really worth pushing ?

 

again thank you for all the help that you have all provided.

 

with the greatest thanks :D:D

Jay

 

Ps. thanks to the help on this site i have also managed to get 10 years worth of bank charges (nearly £24,000) in the process of being refunded and a charging order removed for my mum. thanks for all of your help and keep up the good work :) thank you from me and mum:D

:)life is what you make of it!

:)

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lol mr browne :D

 

 

Ps. i have added a link banner to the consumer forum on my website so this might help drive a bit more traffic this way :)

Edited by jaycraft21
added Ps.

:)life is what you make of it!

:)

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