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    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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      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.  

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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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Hi

I have been charged £2000+ on a ccj for £1700 the HCEO went to the premises owned and run by my wife not me and not the address on the writ.

Its a very long story but in short he was rude and aggressive to the staff.

 

I applied for Subject Access Request then went through it with a toothcomb. It is absolutely overflowing with errors starting from the minute the HCEO arrived.he broke all the rules set out by the governing bodies and his written report is full of contradictions nor does he appear on the HCEO reigister. I took every sentence of their "notes" and questioned every charge.I was given no paperwork at all until after they had been given £3964+ only then did I get a Walking Possession Order, Notice-Visit by High Court Officer, High Court Form 55. No action other than to make a nuisence of himself was taken by the HCEO yet in the "notes" it claimed "stock levied" attendance to remove admin fee of £150 "stock on van" admin fee £625 "locksmith" cancellation fee £55" "officers overtime" £195 (during normal working hours)"high court enforcement charge £776 "van to remove goods cancellation fee £130" these are just a few of the charges they imposed others have yet to be defined. Not bad when you consider no levy was made on stock, no inventory was made of stock, nothing was removed, door to shop was open no need for locksmith.

I was first notified by claimant a direct debit had been refused on19th December but they were unavailable to speak with until 22nd December I argued they had been negligent in their handling of the account in that it took them 16 Weeks to notify me a problem was evident, I also pointed out they had duplicated on invoices and their accounting was wrong, negotiations were in place with them (or so I thought) when I received a CCJ in default? never had a clue it had reached that stage. Filed for set aside and had date for hearing but Sherforce ignored that fact.

 

I have spent weeks trying to track down the offending Direct Debit and my bank have confirmed they have no record of any refusal or any record of it being presented to them initially BACS say they have no record of any refusal of this Direct Debit or any record of any attempt to set it up initially being made. So I guess the Direct Debit has sat on someones desk for weeks and was never set up originally, and the guy in question had to cover his own back so he went straight for the ccj ,the next day I got a letter giving notice of 72 hrs to make payment in full, this was followed by a phone call 24hrs later from the claimant wanting to know when he could expect payment, he was told application to have judgement set aside had been made and he withdrew the 72hr notice and went straight for High Court Enforcement. It took approx 10days from initial contact for him to go for ccj and 9 days from the ccj to apply for enforcement, he changed the address on the writ for enforcememt . (it was my home address on the ccj) and gave the wrong address for enforcement(my wifes shop)

I will keep you updated as the set aside is to be heard on 28th April.

 

WD

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  • 2 weeks later...

set aside,

Court settled the matter by instructing the claimant repay the amount overcharged + interest and instructed them to resume the services to my businesses. It was suggested that should I take further action against the claimant to recover costs arising from the matter then I ask for the case to be heard at that court

 

Sherforce charges were discussed and I will now be entering into litigation to recover these charges also.

 

I must mention the judge in this matter was extremely astute and not prepared to be hoodwinked by the arrogance of the claimant. So to all those experiencing problems please hold on to the fact justice can be seen to be done.

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Hi Tomtubby, can you have a look at the thread titled 'bailiff took car and sold within 12 days'. Can you give any advice or does your company deal with issues such as this?

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