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you seriously need to read up here then you'd know these answers. and TBH you are panicking about a nothing burger. the process they must follow is: send a letter of claim. ASK northants bulk to raise a court claim. IF IF IF you lose and a judgement CCJ is granted, THEN they have 6yrs to enforce said judgement, but ofcourse this is a debt regulated by the consumer credit act so there is NO right of forced entry even if they do return to court within 6yrs from judgement and again ASK the court to send bailiffs out. as for statute barring, the 6yrs SB starts ticking from the issuance date of the default notice+14 days or from the date of YOUR last payment/use of the credit...whichever is the LATER. the issuance of a court claim (regardless to if it progresses anywhere) stops the SB clock. -
sorry but we need the full n244, their witness statement and ALL exhibits to one mass PDF please to properly advise. we do not need statements or blank forms or info leaflets. if Kearns have sent you their N180 then.... https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148 3 copies yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket) 1 wit you Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally') the rest is obv 1 to the court 1 to their sols (omit phone/sig/email) if no sols send to claimant 1 for your file ................. if they've sent an N181 please advise here. dx
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you dont have to await the 50% time to come, she could VT today and you hand the car back and then only have the remaining sum to the 50% mark to pay going fwd. just stopping paying is not really a worthy way forward, as if if if they were to goto court and attain a return of goods order, then she would be liable to hand the car back and have to pay the full sum on the agreement, just like if she were to let them just repo the car now, under Voluntary Termination, both of which you need to avoid...so do a VT ASAP. if she wants to keep the car, then do a time order. as for advice on other sites, which you should not be refering too anyway, use CAG, they always fall toward finance co's getting their maximum buck.
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Need to get your DQ in - it's your opportunity to have a say in what happens next! It should then transfer to local court, who will look at the DQs and determine next actions. Fairly self-explanatory and there are guidance notes on the site here. My Asset/Link/Kearns case was reviewed a couple of weeks ago after transferring to local court and they have been ordered to provide a new CPR-compliant Particulars of Claim, Original Agreement, Deed of Assignment and Notice of Assignment. They have six weeks to comply or it's struck out. As with your case they are relying on a generic print out of an agreement with no personal details or signature. Don't give the courts a chance to make any decisions without your input and get that N180/N181 in! Your call as to whether you want mediation - given the lack of evidence from them there is probably no point as you can't mediate an account that appears not to exist. -
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
ATJ posted a topic in Vehicle retailers and manufacturers,
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.
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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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