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    • Incidentally, congratulations on not buying the warranty. That is another Big Motoring World rip-off. See what we have to say about extended warranties and the Big Motoring World attitude to them is particularly unhelpful
    • well that google is from 2019, but the photos are certainly of someone driving on the public highway in/out by an ANP system, though the site of where the camera actually is, is not showing there are anpr cameras up by the low yellow barriers but they wont get from facing shots from there. interesting, needs to be checked if the road IS a public highway but on private land, cause as you say, if the whole area is max 4hrs , how does the hotel work< ?? must have a reg entry system.  now as for taking pictures of cars on a public highway then guessing the are parking ...erm.... i dont thnk thats right nor allowed under GDPR. dx  
    • Under the consumer rights act 2015, if a defect manifests itself within 30 days and you have a right to return the vehicle for a full refund. If any defect manifests itself within the first six months of ownership then you have a right to return the vehicle for a full refund subject to the retailers right to carry out a repair. If the retailer declines to repair or if the repair fails then you have the right to return. The problem here is that you have to assert their right. It's a bit ridiculous – but you have to do let them know preferably in writing that you are asserting your rights under the consumer rights act either the 30 day right or the six month right. I suppose that you haven't done this – which would be quite understandable because most people don't know that these rights exist and that they are subject to these conditions – the condition that the right must be inserted. It is frankly ridiculous. The dealers know it and we have lots of instances of this company delaying appointments et cetera and our strong suspicion is that they are simply trying to run their customers out of time. On the basis that you haven't asserted your rights, we now have to look to ordinary contract law. You are entitled to purchase a vehicle which is of satisfactory condition and which remains that way for a reasonable period of time. Clearly it is in satisfactory. They are blaming you. Has your independent inspection identified the reason for the defect? This will be important because as you have seen BMW are already saying it is down to your driving and you are going to have to produce evidence that it wasn't down to your driving and the you drove it absolutely reasonably and it was simply the condition of the car. Have you been without the car for any period of time. Is it driveable now? If the car was off the road for a substantial amount of time and was still off the road then you would be able to argue that this is a fundamental breach of contract and that you have been deprived of substantially the whole benefit of the contract and therefore you will be entitled to treat the contract as breached by Big Motoring World and insist on cancelling the contract. It may be that you will eventually be obliged to keep the car but have the repairs paid for. Have you had any quotations for the work that needs doing? I asked you questions about the MOT – but you haven't responded.
    • A 'violent left wing mob', comprised of a chap in a red hoody with a damp polystyrene coffee cup and a bit of wet cement, gets nowhere near cowering frightened farage some distance away on top of his double decker bus .. as farages security and support seem to film the incident grinning     Farage bravely flinches, grimaces and seems to almost burst into tears as the 'objects managed to travel a part of the way toward his position on top of his bus. His reactions honed by having a bit of milk splash him at a prior incident allow him to swiftly fall into a protective cower and grimace .. .. Sometime after, once the mob of 1 had been safely bundled away, farage apparently wipes his eyes of tears, and rising from his cowed and frightened pose, bravely shouts “I will not be bullied or cowed by a violent left-wing mob who hate our country.” .. however few they may comprise of.   https://www.independent.co.uk/news/uk/crime/nigel-farage-cement-barnsley-reform-uk-b2560501.html  
    • According to Parkopedia parking is limited to two hours.  I don't know how accurate this is though. What were you doing there for four hours?
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Ist credit sd for a cc debt of 4k+... help please!


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Hi, I have received a hand delivered sd from 1st credit (posted through letterbox when at work) for a cc debt of 4k+...

 

Now from reading on here, I am sure I need to get a CCA request off to them asap...

. What I am a little unsure of is below. I am a homeowner btw.

 

1. Is setting aside the SD not always a good thing, I have read on here that is acknowledgement of reciept etc?

 

2. I have also seen it said numerous times that an SD for over £750 must be set aside if you are a homeowner.

 

Hope someone can make this a little clearer, although from what I have read it maybe one for me to make the call on.

 

thanks

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You say the SD was hand delivered, was there any stamp or franking on it? If there was some kind of postal mark then it was obviously delivered by standard mail, and if so the threat is slightly diminished as the DCA has not bothered to get it properly served by a process server, that costs money, by sending it in the post the whole document has cost them about 35p. If it was delivered by a process server then they are more serious about this and you need to go down the set aside route. There are plenty of threads on here about people getting set aside hearings and winning their costs off the DCA.

 

I have received 2 SD's and chose to ignore them (they were both posted) I was threatened with bankruptcy so I CCA'd the DCA's and they closed the files. Both my debts were for accounts which had been opened quite a few years ago and so the paperwork trail had gone dead fortunately.

 

There are a number of DCA's, and 1st credit I believe is one of them, who are posting SD's out to scare people into paying up, its an obscene abuse of process but by getting the SD set aside you can at least go for your costs and many people have been successful in doing that.

 

As you say it your call whether you acknowledge the SD by going for set aside or ignoring it and seeing how they follow it up. One of the risks of ignoring it is they may just follow up with a petition for BR, in my case they sent letters threatening to petition for BR but the CCA was enough to put a spanner in the works.

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Hi Hedman....some great advice already above - firstly keep the envelope...with regard to the stat demand you have 18 days from receipt to file the forms 6.4 (set aside) and 6.5 (affadavit)....and yes send out the CCA ASAP...(rec delivery with £1 postal order and don't hand sign)....

 

You can find the forms here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

Ring your local county court to check they handle bankruptcies/insolvencies if they don't they should be able to tell you which court nearest to you does...

 

Once you have filled out the forms take them to the court and ask them to 'swear in' in you affadavit (usually free at a local county court, £5 at a solicitor or £12 at Central London courts).....

 

As usual, they are issuing stat demands on the back of a letter saying 'you owe us this'...you need to substantially dispute the debt, whether it be an abuse of process, non prodution of the agreement within the prescribed timescales, non production of compliant defaults, non production of statements (excessive charges) etc...

 

You might find this thread useful too - http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html

 

And if Mr Silcock is the name on the demand....you try ringing him (don't speak to anybody else but him) !! this is why - (log all your calls) - A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.

This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid.

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As it was not actually placed in your hands and was picked up you can honestly say it was not served. This is the first question we got asked when we went to Court to swear the afadavit. On the form it asks the date it was served - just put arrived by date. I would say that it has been posted, I cannot see the point in any one just pushing it through the letterbox after making a journey to serve it.

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going to scan the envelope when I get chance, but there doesnt appear to be franked. Unfortunetly I didnt get anyother post that day which meant that I couldnt tell if it was the postman. I was fronted by a you owe us letter.

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Hi Hedman, just quickly scanned your thread and i dealt with the same matter for someone I know. Here is the thread - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115700-statutory-demand-under-section.html

 

Most of what you need has already be given by others but if I can be of any help let me know, I still have all the paperwork.

 

Good luck

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  • 2 years later...

hi everyone, I have just received another statutory demand from 1st credit, (same account as above) sent by interlink express. Its says on the front this needed to be signed for, but it was just put through the door as normal.

 

Now previously after not hearing from them I left it until now,I am pretty sure I received a letter back from them saying they needed to refer it back to citibank....but I don't think I can put my hands on the letter. Can I assume date of service is the delivery date received?

 

What advice would you give with regard to their latest attempt?

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As you already know from your first SD, there are two trains of thought on CAG, one is to ignore it and the other is to set it aside.

 

As it was posted and no signature obtained they would find it difficult to prove it had been served. However, some argue (myself included) that this is not enough to scupper their attempts at getting a petition for bankruptcy as all they have to do is show the attempts of a "process server" and a letter trying to make an appointment with you, not that I would accuse a DCA of fabricating paperwork in order to aid debt collection (:)) If the judge is satisfied that the DCA has done all that was possible to serve you then they can accept royal mail postage (ist or 2nd class) as acceptable.

 

There are other caggers believe verhemently the opposite and have successfully ignored SD's and have not had anything bad happen.

 

Ultimately the choice has to be yours, ignore or set aside?

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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cheers, this is the decision I had to take last time..... I need to try and find the letter from the original DCA saying they could not provide any documentation and referred it ghback to the original creditor. Am I right in thinking that it actually costs the DCA quite a lot of cash to go after a bankruptcy?

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I believe it is around £1500!

 

It costs them about 35p to download the SD from the internet and post it to you, though if you arent clued up could reap them dividends! You can understand why they do it cant you?

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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