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    • If you are buying a used car – you need to read this survival guide.
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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 
      • 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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marston hceo's have given me 24 hours to pay


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That wasn't meant against yourself it was meant against the HCEO's. I was actually trying to offer you some support as everything you are saying is correct and mr ton just doesn't seem to (or want to) get what you are saying!

 

If you are looking to colect a debt HCEO's are more effective that court bailiffs due to their increased powers

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Hope that helps there mr.ton.

 

Many thanks for feeling the need to break my quotes down section by section.:)

Its not that i dont get what the troll is saying i just feel he is needlessly talking up the powers of a private company that they dont actually have :rolleyes: (unless a court gives them that power i hasten to add)

But like ive explained many times - the courts have their own internal rules/proceedures/methods of enforcment etc....& all of what you say is the very last resort once all other avenues have failed.

Basic legal/human rights in this country seem to have been lost in all of this ;)

I would love to know how/why they have more powers than court bailiffs - courts are the ultimate authority in the land for goodness sake..dont let that simple fact overlook you :D

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2 trolls ganging up on me...oh please help someone :(

 

 

you are doing just fine on your own

 

 

mate :rolleyes:

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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ll of what you say is the very last resort once all other avenues have failed.

 

Not true. As soon as you have your county court judgement you can apply to have the debt transferred up to the High Court for enforcement by HCEO.

 

dont let yourself get drawn into an argument with trolls

 

Please do not insult me. I am simply giving the benefit of my experience in saying that mr ton is wrong. If you were more knowledgable about these matters you would know that what i am saying is correct

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i also think you are doing just fine mr ton.dont let yourself get drawn into an argument with trolls.

 

Awwww thanks ;)

I do feel like a 1 man crusade whistling in the wind sometimes on here :-|

At the end of the day..i am up against an establishment that wants to "keep people in their place" so to speak when it comes to money and just about everything else these days.

There are many trolls on this forum & some are even those who try to act like "one of us" on here, when infact they simply have the industries best interests at heart.

Still...i will not give up when the going gets tough & will continue chipping away at the system :D

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Not true. As soon as you have your county court judgement you can apply to have the debt transferred up to the High Court for enforcement by HCEO.

 

The county court that issued the original CCJ has its own enforcment rules/methods etc....im not sure why it would have to be transferred to HCEO, unless theyve exhausted all their own proceedures 1st without any success :)

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The county court that issued the original CCJ has its own enforcment rules/methods etc....im not sure why it would have to be transferred to HCEO, unless theyve exhausted all their own proceedures 1st without any success

 

True but if you had read what i said - once you have your CCJ you are able to transfer it up straight away for enforcement. You don't have to use the Court procedures. People do it because they see it as a more effective form of enforcement.

 

I have nothing to do with the 'industry' as you put it but having been made BR to the tune of £500k due to a failed business I do know something about debt collectors. I now help people with insolvent companies and getting them through their difficult time as I know what it is like and what underhand tactics debt collectors will use. I also know what tactics they are able to use.

 

.i am up against an establishment that wants to "keep people in their place"

That chip on your shoulder must be really weighing you down

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once you have your CCJ you are able to transfer it up straight away for enforcement. You don't have to use the Court procedures. People do it because they see it as a more effective form of enforcement.

 

So does the person who has had the CCJ issued against them not have any say/defence in the matter then? :confused:

How darn right sneaky is that to just go for enforcment straight away without giving the person a chance to defend it/seek their own legal advice etc...:mad:

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How darn right sneaky is that to just go for enforcment straight away without giving the person a chance to defend it/seek their own legal advice etc...:mad:

 

Welcome to real life mr.ton.

 

It seems you've said your piece, called us trolls and turned your back thinking your correct so i won't argue with you. I won't reveal what my background is but 5 years of it was solid HCEO! i can tell you now people always transfer them up, human rights or not, they want enforcement and that's what they get. Remember HCEO's used to be called the sheriffs, now they're called HCEO's. No difference really though, still way more power than an bailiff. Sheriffs are also reponsible for evictions, moving on gypsies etc, things like that. Not just debt collectors.

 

As for troll comment, names don't bother me so i won't get wound up like toddle2u (p.s. thanks for your support) however. You don't know me, i don't know you. But i guarantee out of most people on this site, i have first hand on the job knowledge of HCEO's from office admin to moving vehicles, and i'll tell you now, i do not defend the industry, but at the end of the day, it IS an industry! It makes money, it has bosses, just like any other company, i worked for those companies and i got paid. This doesn't mean i like their tactics or condone them, I'm just trying to cut through a lot of the BS that's floating around on this site and tell it as it is!

 

A troll i assume is some undercover HCEO who wants people to like them. I am no longer a HCEO, i don't care who likes them, i just want people to understand how they work a bit better.

 

I hope that helps people out. mr.ton, you braught this on yourself, you seem to have your own set views of the court systems and seem so adamant about how you feel, it seems pointless discussing it. I can tell you now though, you seem everything but informed.

 

:D

".....till Debt do us part...." :cool:

 

[sIGPIC][/sIGPIC]

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So does the person who has had the CCJ issued against them not have any say/defence in the matter then?

 

Of course they do when the court claim is first issued. It can only be enforced when judgement on the claim has been given and a CCJ issued. This is very basic stuff and again points to your lack of knowledge even though your are insistant that you are right

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I seem everything but informed? :rolleyes:

Anyway...i live in real world Mr troll & i know how the courts/debt industry works inside out.

"People want enforcement & thats what they get"......i dont think its quite as black & white as that to be honest, i know you'd love it to be, but me thinks not on that one :cool:

Yes things like whats mentioned above prob does happen,no doubt about it - but people do have basic legal/human rights & protections in this country & thats what you seem to be in panic of.

So kiss the backside of the HCEO/bosses & whoever else all you want, all of that does not change the basic rights people have to counteract all that.

I personally could not care less what connection you have/or have had with the industy quite frankly.

But i am a bit bemused of your pressence on here to be honest...all you seem to be droning on about is how wonderful/powerful the HCEO is & how bosses can do this,that & the other...

This site is to help people who have worries/concerns about the damage your industry/former industry has done to them & the presence of people like yourself is not welcome with the greatest respect.

As the economy goes pear-shaped, we are seeing more like yourself posting on here coz they see sites like this as part of the reason why their industry is collapsing & use it as a platform to lash out/seek revenge, so to speak...

More & more are becomming aware of their rights & thats what people like you cannot accept.

Oh & i dont think im correct...i know i am :D

Im quite happy to merrily debate along with you - but overall, you are an irrelevance to me - my only concern is the ordinary folks on here that require genuine help/advice.

So best of luck with your love affair of HCEO/sheriffs/bailiffs/enforcments & whatever else.....but i will stick to giving my advice, which will hopefully be in stark contrast to you & will hopefully counteract all of what you say.

In general terms..let battle commence.

Im sure Twoddle2u will be along soon ;)

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Of course they do when the court claim is first issued. It can only be enforced when judgement on the claim has been given and a CCJ issued. This is very basic stuff and again points to your lack of knowledge even though your are insistant that you are right

 

Speak of the devil :rolleyes:

It would have had to go through many other internal court proceedures before being passed on to enforcment, which would be a last resort once all other avenues had failed.

Thats very basic stuff as well which shows your lack of knowledge with due respect ;)

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bravo mr ton xxx. also he or she might want to know a troll is not a hceo.its a person that likes to post opinions merely to wind people up because they think its fun to annoy people.he he seems i know something iwwahceo didnt. gosh i feel so clever now

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It would have had to go through many other internal court proceedures before being passed on to enforcment, which would be a last resort once all other avenues had failed.

 

Wrong again. Calim issued, unsuccessful defence, CCJ issued, CCJ not paid - enforcement can begin. Simple as that

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Wrong again. Calim issued, unsuccessful defence, CCJ issued, CCJ not paid - enforcement can begin. Simple as that

 

Oh lets highlight those 2 words shall we "unsuccessful defence"...so you acknowledge there will be a defence in the 1st place do you? :rolleyes:

It assumes it will be unsuccessful as well :D

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Wrong again. Calim issued, unsuccessful defence, CCJ issued, CCJ not paid - enforcement can begin. Simple as that

 

whilst I find the point scoring distasteful I have to agree with Toddle2U here, my understanding is:-

 

Once a CCJ is obtained and defaulted the courts dont get involved in chasing , its up to the claimant how they want to enforce, request for charging order, attachment of earnings, order to disclose information, warrant of execution(court bailiffs), third party debt orders, transfer up to high court balliffs.

 

And please may I add, nothing of this exchange is helping the OP who required help!!!

 

S.

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Thats the crucial point here...we are assuming the CCJ is defaulted upon in the 1st place.

The person will have had so much help/advice in advance to work out whats best for them in terms of repayment with the court.

The way the troll makes it out - enforcment will just be granted & bailiffs will just turn up gung ho before any of that :rolleyes:

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And please may I add, nothing of this exchange is helping the OP who required help!!!

 

I agree entirley. My posts are nothing to do with point scoring just trying to make sure that people are given the correct information.

 

This thread should be to help the original OP and will hopefully return to tat now

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I agree as well & if the troll iwwahceo gets off here then the OP can have their thread back :)

 

Jeez i well and truly have been ganged up on here! :rolleyes:

 

Well, i did infact post a response to the original OP, so i don't think i should be sent to the stocks just yet. ;)

 

As for defence, yep i do maybe stick up for HCEOs. I find the fact mr.ton that you find my presence here unwanted a little insulting. Why would no one want to discuss the REAL in's and outs of HCEO's by talking to an ex-one? I know more about the business from the office side of things than any debtor has ever seen so isn't it better that my opinions on here are stated?

 

I don't defend them though, i too have been in debt and don't like these people any more than anyone else does. But remember, a lot of debts are for people who just don't pay and cost this country millions of pounds a year (There's your recession mr.ton!). It's only a few that come on here that genuinely are being harrased for money which i agree is not on and didn't mean to get into debt. I see people though who start companies, buy millions of pounds of stock, then fold and we have to chase a ghost around for the money. Think what this does to the company the got the stock from! I think the recession that you blame for this, is actually CAUSED by this.

 

Debt is a big issue. Maybe i do sound like i'm defending the HCEO's and I'm sorry if it comes across that way. I just REALLY want people to see it from both sides of the coin. If all we ever did on this website was post about what we THINK will happen, it would't be very helpful would it? Isn't it better to speak to me, an old HCEO who can point you in the right direction rather than assume you're correct?

 

I'll say no more on the matter now, i thank everyone for their support on this post. I'm not arguing with a man who has 3,500 posts and still doesn't know what he's on about.

 

Look forward to reading yet more of mr.tons 3,500 entertaining posts.

 

Tally ho :grin:

".....till Debt do us part...." :cool:

 

[sIGPIC][/sIGPIC]

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