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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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      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.

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      Many thanks 
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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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Help Needed _ Charles Anderson Please Help


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hi there please please help,

i recently started paying £213 a month to these people due to a council tax arrears account - i forgot to take in my pay slip and now they are arresting my wages at £157 a month on top of the £213 - the second amount is due to another years account of the council tax - i cannot afford this especially at this time of the year - my question is - what would happen if i stopped paying the original £213 - can they arrest my wages twice in the same month? Would they come to my door to take my stuff - i have two kids and christmas is coming up i am also trying to pay off my bankruptcy at £145 a month - this does not include my £350 rent or electricity and where do i get money for food - i am really worried sick about this could someone please advise me???????? i want to correct all my debt but i feel i am going down a slippery slope back into it all - just because i am trying to do the right thing please please help

Boh_girl

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Thanks For That But Kinda Need A Wee Bit More Advice Than That - Its Coming Up To Christmas And I Need This Sorted Before I Get Paid And Have No Money To Give My Sons A Good Christmas - I Need Genuine Help Please !!!!!!!!

Boh_girl

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Hiya,

 

the wages arrestments is based on your wages so you wouldn't need to pay any more than that has been taken - page 63

 

http://www.aib.gov.uk/Resource/Doc/4/0000460.pdf

 

it is the maximum thay can take at any one time so if you were to get another it would either be entered after this one is completed or split

 

also if these sums are not included in your BK you can ask the trustee for a review in which your payments may be lowered

 

ida x

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also if you receive a charge for payment in the future you can apply for a time to pay order via the issuing court

 

ida x

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they won't appear as you have a wages arressment in place.

 

if any futher accounts come in throught the post i.e a demand or charge for payment come back here for more advice

 

 

reemeber you should only be paying the wages arressment and that is what the court has stated that is all you need to pay

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thankyou so much - the aib already know how much charles anderson were wanting from me - i have told them - but this is a council tax matter which is completly different these arrears arose after i went bankrupt - i feel so much lighter now lol thankyou

i really want to sort the debt out and felt i was not gonna be able to - now i can

boh-girl

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  • 2 weeks later...

another question - apparently now the likely scenario is that my bank will be arrested - i know that they arrest it through some sort of circular sent to certain banks, but not all banks receive it could you tell me which ones do or dont kinda - concerned that my only pay before xmas is gonna be taken now!!!!!!!!!

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who is arresting your bank account? if this is the one where the wages arrestment already is in place then the shouldn't be arresting your bank account unless they think there are loads of money there.

 

did you get this in wriiting?

 

Ida x

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yeah it was sent that i would either be getting a wage arresment - a bank arrestment or a sale of auction - i spoke to a woman at the debt advice place and she said they would do the sale of auction - apparently they dont have balliffs in scotland and it would cost too much to do it - so it would probably be the bank arrestment - its the sheriff officers in glasgow charles anderson thats doing it - and they are already arresting my wages - she advised me to get my wages paid into a post office account (which i dont have) and that its only certai bank that get this notice and i wont know what day they will do it!

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Unfortunaley I don't know.

 

Thee can only arrest if it's over £370

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/229284-advice-arrestment.html

 

but i cannot see why they are doing both.

 

have you spoken to CA?

 

ida x

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I think it may be a "global arrestment" that the Sheriff Officers are applying for. They will serve the arrestment on all the major banks in the off chance that there is an account with one of them.

 

The reason that they are using both a wages and a bank arrestment could be that there are Council Tax debts for more than one year i.e. more than one warrant. They would not conjoin on to a wages arrestment as the amount coming in would not change but merely be split between the two debts. Therefore it is probable that they are trying for the bank arrestment as an alternative source of income.

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