Jump to content


  • Tweets

  • Posts

    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
  • Recommended Topics

  • Our picks

    • 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
        • Like
  • Recommended Topics

Arrow/evershers CCJ+CO over old MBNA debt


reggie76
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5388 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hope this helps

 

 

 

 

Before the court can issue a warrant, the defendant must have:

  • failed to pay the amount he or she has been ordered to pay; or
  • fallen behind with at least one of his or her payments.

So in short yes they can providing they have a CCJ against you and you fall into one of the 2 above. However that is a long way off and the last resort

Link to post
Share on other sites

  • Replies 435
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Can a DCA apply for a Warrant Of Execution through the County Court for a debt of more than £5k which was for a credit card debt regulated by the Consumer Credit Act 1974?

 

has this debt jyust been passed to a dca for payment or have they brought the debt?

 

more info pse?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Can a DCA apply for a Warrant Of Execution through the County Court for a debt of more than £5k which was for a credit card debt regulated by the Consumer Credit Act 1974?
The short answer is yes if they have a CCJ against you but not simply because you have failed to pay or fallen behind with installments.

 

Normally they cannot ask the county court to issue a warrant if the amount they want the bailiff to collect is more than £5,000. The exception to this is if they are enforcing an agreement made under the Consumer Credit Act 1974. (This is because regulated agreements can only be enforced in the county court.) They can however ask an Enforcment Officer (through the High Court) to try to collect the money they are owed or to remove goods.

 

I would also point out though that there is very little point in them applying for a warrant unless they are fairly sure that you have the money or the goods to pay it. The bailiff will not take your goods if they are not worth enough to pay the warrant after the costs of taking and selling the goods. Goods sold at auction often raise only a fraction of their original value and bailiffs are restricted in the type of goods that they can take.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Thanks guys, I did a bit of digging but was confused about the up to £5k statement but the exception was the CCA 1974. It was for a credit card and it is to do with another link I have set up http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/190992-reggie-eversheds-arrow-global.html

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites

reggie, giving a little bump here but i dont think the acc in dispute is going to mean anything as u already have the CCJ and CO. Im going for set 2 set asides on wednesday and the stumbling block appears to be the PROMPTNESS of the application to set aside. from what ive read on here it seems to rely a lot on the particular judge u get, but its an obvious route of attack for the other side to cut ur arguments dead. if u get past that bit and u have good grounds for defence u have a chance. dont know if u ve seen it but Doch flagged this winner 2 yrs after, which i believe Sequenci helped with so it can be done:

http://www.consumeractiongroup.co.uk/forum/legal-issues/139232-hfc-restons-charging-order.html

Link to post
Share on other sites

Thanks r&b, do you have a thread so I can see how you get on on Wednesday? What is your defence.

 

Good luck.

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites

The short answer is yes if they have a CCJ against you but not simply because you have failed to pay or fallen behind with installments.

 

Normally they cannot ask the county court to issue a warrant if the amount they want the bailiff to collect is more than £5,000. The exception to this is if they are enforcing an agreement made under the Consumer Credit Act 1974. (This is because regulated agreements can only be enforced in the county court.) They can however ask an Enforcment Officer (through the High Court) to try to collect the money they are owed or to remove goods.

 

Okay so this brings me back to the point that if they cannot produce a signed consumer credit act or it is has not been presented to the court, how can the court make a court order, a charging order and then a warrant of execution? Especially if I have been making monthly repayments without missing one payment. Although I have to point out that I was ordered to make full payment forthwith which I advised I could not do!

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites

Good luck on Wednesday, tomorrow I assume? What time you in court?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites

thanks..ill put the dets up late pm/early evening i expect..

Link to post
Share on other sites

Go get em!!

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites

once they have a ccj the fact that there is no cca forthcoming is irrelevant you must always defend the action in court before they obtain the ccj, if its uncontested the ccj will be automatically be issued by the courts

Link to post
Share on other sites

But surely the creditor must present the CCA to the court to get a judgement against me in the court?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites

however and further to my post, I am wondering if you may be able to get the court to set the judgment aside if they cannot now produce the cca? however, you are going to need someone with a bit more knowledge than myself on this score

Link to post
Share on other sites

prefer your last post, lol!

 

I can but try!!

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites

I am not too sure on that point, whether they have to produce an exact copy of the cca, in order to obtain judgement, cant see the courts going over the fine print of each and every cca to make sure it is legally binding

Link to post
Share on other sites

yeah none of it is nice reading, once ccj obtained, means you fighting a rearguard action, where the dca is on front foot, somehow we gotta work out way to get them on backfoot, dont know if you can issue a cpr request now court action already taken

Link to post
Share on other sites

I have a couple of ideas but am waiting to see if a CCA is available and yesterday I sent a SAR.

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites

You can apply for a set aside of a CCJ which will cost £75.

 

You would need to demonstrate a very good reason as to why you wish to do so ( no CCA or indeed an unenforceable CCA perhaps) and explain the elapsed time from the CCJ to the current date as to why you hadn't applied earlier. If you get a hearing it could be £75 well spent.

 

There are several cases of this happening on the forum so you'll have to search them out.

 

However, as dx100uk has pointed out, you may get a judge who will not allow a hearing for a set aside and it's £75 waved goodbye.

 

It's your decision. I would do some research before you decide.

 

Best Of Luck.

 

just found this by typing in search 'set aside judgement' like the poster says good luck

Link to post
Share on other sites

Thanks, have searched around the site to get info. Spending a lot of time now getting ideas for my case.

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites

Thanks Chris, appreciate the advice but am I able to send them the account in dispute letter if I do not receive the CCA I requested if I have a CCJ & Charging order in place?

 

Anyone have advice on this?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites

Although I have to point out that I was ordered to make full payment forthwith which I advised I could not do!
Who did you advise of this and how?

 

Did you apply to vary the judgement e.g. by applying for a time order using N244 and paying the £65 fee (unless you are fee exempt) including full details of your circumstances and a full personal budget sheet with the application?

 

As long as the judgement remains forthwith they do necessarily have to accept your installments.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

I advised the court and the creditors.

 

No, I completed a N245 form.

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...