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    • @Man in the middle I've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Thanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe concenquences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points?
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
  • 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 
        • 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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? Charge order against my home


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Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the default notice

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

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Hi All.

 

I am new to to this site but am out of my mind at the moment. I have a CCJ against my name from Natwest and have been paying of monthly on time for the last 2 years with no problem. Out of the blue i get a letter from INCASSO asking for a full payment of £24,252.05. They are threatning to take legal action if i do not pay in full. I have already got a ccj what else can they do. I am so worried and feel total sick about this all. Please help as i am not sure what to do next.

 

regards

Brett

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Hi All.

 

I am new to to this site but am out of my mind at the moment. I have a CCJ against my name from Natwest and have been paying of monthly on time for the last 2 years with no problem. Out of the blue i get a letter from INCASSO asking for a full payment of £24,252.05. They are threatning to take legal action if i do not pay in full. I have already got a ccj what else can they do. I am so worried and feel total sick about this all. Please help as i am not sure what to do next.

 

regards

Brett

 

You really need to start you own thread, so as to get advice specific to your case.

 

When the CCJ was awarded what were the repayments agreed with the court, this is what the solicitor is obliged to go along with whether they like it or not.

 

If they are making threats you can complain to trading standards and also the court

 

but please start your own thread

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  • 4 weeks later...

Hello again, i would be grateful for some advise please. I have another creditior who had a claim against me for a tesco loan, I had never defaulted until recent unemployment. The claim went to court and I asked for a minimal payment to be accepted until I was able to sort myself out. The court disagreed with the low amount and said I must pay £26 a month, Two weeks later I now receive a letter saying there is to be a claim for reconsideration (the letter states it was my application but I have never sent anything? I rang the court and they think this may be a typing error and it is their application? My file were not to hand to check this as on the way to my local court) I have no idea what to expect when I attend or what to say please would someone advise me, I am terrified at the thought of attending thank you

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Hi badger , It looks like incasso would like payments to be increased or even change the judgement to forthwith which would allow them to try and put a charge over your home if you own it . Firstly don't be alarmed at what I just mentioned because it does allow you to present to the court your income /expenditure and you can ask that the judgeto lower your payments if you wish. Going to Court is not as terrifying as you may have thought. All of the other people in the waiting room will be in the same or worse situations (house repossessions etc), In the court room there will be only yourself , the Judge and solicitor for the claimant.The Judge will be used to dealing with people with no court experiance and will talk to you accordingly . Be strong , explain your situation and most importantly have to hand proof of payments to show you have regularly been paying the debt even if only £1 per month. Generally the Judge will only expect you to pay what you can reasonably afford after all your regular bills are paid and allowing for food heating clothing etc. If you can get to the court early there is often someone from the CAB who will also help you .Before you go to court read up on other posts on this site from others like you who have not been to court before and if I remember right there is also a great post on what to expect at court on this site , I will try to find it for you.

Any questions you have just post and you will find many replies as we have all been there.

sleepingdog

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Hi badger , unfortunatly yes , is this your biggest debt ? if not you could state that to the Judge ,also that it would unfairly give priority towards that particular creditor but it may not stop the court changing the CCJ to forthwith allowing the creditor to instantly apply for a interim charging order .That is why you must attend court and fight it as much as you can. You can win , I have before , read up on charging orders and you will see some defences that you can use . Even if the Judge does change judgement to forthwith and the creditor applies for a interim charging order you will still be able to defend against the final charging order.

sleepingdog

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Hi badger , unfortunatly yes , is this your biggest debt ? if not you could state that to the Judge ,also that it would unfairly give priority towards that particular creditor but it may not stop the court changing the CCJ to forthwith allowing the creditor to instantly apply for a interim charging order .That is why you must attend court and fight it as much as you can. You can win , I have before , read up on charging orders and you will see some defences that you can use . Even if the Judge does change judgement to forthwith and the creditor applies for a interim charging order you will still be able to defend against the final charging order.

sleepingdog

 

I believe you can ask your other creditors to object also..

 

Have a look at this thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

 

S.

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I see thank you very much for your time, although I am a little confused as another forum buddy told me the following just this afternoon:

 

'If a decision cant be reached via the next hearing,but I'm sure it will,you can then consider making application via the N245 (redetermination)

In any event any judgment made that is being paid by installments either vis a vis N9A or the N245,and payments are maintained and never defaulted then it is imposable for the creditor to make an application for a Charging Order,not only imposable but against the law for any DJ to allow it.'

 

I have sent a N9A and have never defaulted on the payment so does this make a difference to your advice?

I am sorry I am totally confused and very stressed. Is it really possible that someone would come with me? Where would I find them? Thank you again B

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I see thank you very much for your time, although I am a little confused as another forum buddy told me the following just this afternoon:

 

'If a decision cant be reached via the next hearing,but I'm sure it will,you can then consider making application via the N245 (redetermination)

In any event any judgment made that is being paid by installments either vis a vis N9A or the N245,and payments are maintained and never defaulted then it is imposable for the creditor to make an application for a Charging Order,not only imposable but against the law for any DJ to allow it.'

 

I have sent a N9A and have never defaulted on the payment so does this make a difference to your advice?

I am sorry I am totally confused and very stressed. Is it really possible that someone would come with me? Where would I find them? Thank you again B

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Hi Badger, One thing I can tell you is that even if a court tells you to pay say £25 per month and you always pay on time if the creditor wishes they can apply for the courts to change the order to forthwith allowing them to then apply for a charging order. If you do not then turn up to court and object the court will grant the change to forthwith and even if you do turn up at court the judge may still grant the forthwith order allowing a application for a charging order. There is no law that I know of to stop a creditor from doing the above.

sleepingdog

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