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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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Thankyou for everyones help and advice and apologies for this late response.

 

after several calls to sherforce and incasso the solicitors company who originally made sherforce visit the premises they have demonstrated that iam legally responsible for the debt.

 

I was also made aware to submit third party claims for all items removed and though it took 1 month for sherforce to accept them and release all 3rd party goods, the auction house has sold off the majority of items .

 

I recieved this email from sherforces legal team and would like if anyone can explain what this means.

 

Furthermore I can advise that we have issued an Interpleader application at the High Court to formally withdraw the High Court Enforcement Officer from possession of the goods seized. The making of this application will give you an opportunity to attend before the Court and make representations as to your concerns.

 

Thankyou to evryone

 

Can you explain why you are legally liable for the debt? Bear in mind that the people telling you this are not working for you, so may have given their own interpretation of this.

 

Have you heard from the court itself that you need to attend?

 

I have found this information on interpleader proceedings which may help explain matters.

 

http://www.hmcourts-service.gov.uk/infoabout/glossary/legal.htm#I

 

Interpleader

A claim by a third party to ownership of goods levied upon under a warrant of execution which is disputed by a creditor. The Court then issues an interpleader summons for the parties to attend Court to adjudicate on rightful ownership

 

CCR ORDER 33 - INTERPLEADER PROCEEDINGS

Edited by caro
The Consumer Action Group is a free help site.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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a similer thing happened to me missing one payment and they tried to charge me £1000 ish. What worries me most is that you contatced them about the payment and made up the payment in good time. For them to then take such drastic action...

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Guest Thebailiff

A common problem is if you buy a business from a friend or whatever and dont do the relevant checks, you can also buy his debt without knowing it. We have quite a few of these where ppl buy a show without going through solicitors and end up with thousands of pounds in debt. All above board and legal if not a bit sly on the part of the person selling the shop. Also, if you have a crap solicitor that is helping you buy the shop, he may not pick up on company debts either.

 

To sum it up, if the warrant is against the shop and you are still trading under that name then you are liable.

 

The person holding the warrant also only has to hold youre goods for 5 days before selling them. On the back of the removal form will be the details about how long you have to submit written 3rd party claims fore all goods siezed. If you did not read or reply to the notice then you cannot take back your goods.

 

Unfortunatly, thats the way it is!

 

The bailiff

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I provided hard evidence of a

 

10 minute call to sherforce in India where i gave my payment details

provided a bank statement showing that i had funds in the bank and HAD the call center staff in sherforce india processed the payment i would have never ever ended in this mess..

 

The worst problem is that Bailiffs for sherforce didnt want to 'know' and make you feel like your **** and a bad payer and they know how to wound you mentaly buy removing your belongings and you are powerless its also a waste of time trying to ring the sherforce operational support unit as once a bailiff and a removal van is there , they will make sure that its not a waste of day for them....

 

 

anyway thanks to someone from this forum i am going to take this original judgement back to the county court and hopefully proove that ADT the original claimant ripped me off with goods and services that dont exist or dont work.

 

1 thing i have learnt that everyone linked to Bailiffs, removal teams, auction houses, even HCEO will behave like thugs and treat you with no respect. I just dont know how these people sleep at night after 'sucking blood 'out of innocent people.

 

 

:mad:

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A common problem is if you buy a business from a friend or whatever and dont do the relevant checks, you can also buy his debt without knowing it. We have quite a few of these where ppl buy a show without going through solicitors and end up with thousands of pounds in debt. All above board and legal if not a bit sly on the part of the person selling the shop. Also, if you have a crap solicitor that is helping you buy the shop, he may not pick up on company debts either.

 

To sum it up, if the warrant is against the shop and you are still trading under that name then you are liable.

 

Strewth!

I thought that only happened in spain!

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I have made my feelings well known on this site about Private Bailiffs.

 

VOMIT

** Credentials **

 

10 Years Finance Fraud Investigator

 

5 Year High Court Sheriffs

 

2 Years Tip Staff Royal Courts

 

Currently : HMCS Enforcement Officer

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  • 1 month later...
I provided hard evidence of a

 

10 minute call to sherforce in India where i gave my payment details

provided a bank statement showing that i had funds in the bank and HAD the call center staff in sherforce india processed the payment i would have never ever ended in this mess..

 

The worst problem is that Bailiffs for sherforce didnt want to 'know' and make you feel like your **** and a bad payer and they know how to wound you mentaly buy removing your belongings and you are powerless its also a waste of time trying to ring the sherforce operational support unit as once a bailiff and a removal van is there , they will make sure that its not a waste of day for them....

 

 

 

 

anyway thanks to someone from this forum i am going to take this original judgement back to the county court and hopefully proove that ADT the original claimant ripped me off with goods and services that dont exist or dont work.

 

1 thing i have learnt that everyone linked to Bailiffs, removal teams, auction houses, even HCEO will behave like thugs and treat you with no respect. I just dont know how these people sleep at night after 'sucking blood 'out of innocent people.

 

 

:mad:

you only take on the old debt if it is ltd(a limited company)

if it is a firm the old debt is a personal debt to the old owner

if it was not ltd when you bought it dont pay the debt as t is not yours

and you will have differant tax codes with the inland revinue this can confirm that the (firm) has changed even if you are still using the same name. hope this helps

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A common problem is if you buy a business from a friend or whatever and dont do the relevant checks, you can also buy his debt without knowing it. We have quite a few of these where ppl buy a show without going through solicitors and end up with thousands of pounds in debt. All above board and legal if not a bit sly on the part of the person selling the shop. Also, if you have a crap solicitor that is helping you buy the shop, he may not pick up on company debts either.

 

To sum it up, if the warrant is against the shop and you are still trading under that name then you are liable.

 

The person holding the warrant also only has to hold youre goods for 5 days before selling them. On the back of the removal form will be the details about how long you have to submit written 3rd party claims fore all goods siezed. If you did not read or reply to the notice then you cannot take back your goods.

 

Unfortunatly, thats the way it is!

 

The bailiff

this is not always the case if it is a sole trader/partnership you dont take on the old debt because it is a personel firm and the only real link is u.t.p.r number or vat number and that would change on purtches this is your proof of change of ownership.

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  • 2 weeks later...

sevaral months later after ADT incasso passed the debt to sherforce and after months of suffering the matter with Sherforce has come to a end,

 

Sherforce took

 

£2500 cash

and acused me of defaulting when i never did and had proof to show this.

Sherforce sold my belongings worth £8,000 in a auction called warwick auctions who sold everything for peanuts...

 

Now warwick auction have returned me all the 'leftover' junk that no one wanted . I have asked for the auction sales inventory but they making excuses each time...

Clearly that have filtered through my siezed goods and sent me back the rubbish.

 

Iam now trying to get a sales inventory to see what has been sold and match against what they really took...

Iam also hoping within days to send this matter back to county court and get the judgement set a side with damning evidence to support that ADT the claimants ripped me off with a cheap alarm but yet invoiced me for a comprehensive package that i never got.

I want to know the procedures of getting maximum compensation from the claimant for all my losses

 

I would like to thank member TOM TUBBY for all the help she has provided me and would like to advise anyone in problems with sherforce to contact TOM TUBBY asap.

 

regards

Edited by Nottsguy
mistype
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