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    • and it legally informs them of your correct and current address as you must do with all old debts last paid/used in say 7 yrs you dont want backdoor CCJ's. what were the names of these IVA scammers, the one you took it out with, and the one that scammed you to let them take over please? your story is slightly worrying. dx  
    • Incidentally, congratulations on not buying the warranty. That is another Big Motoring World rip-off. See what we have to say about extended warranties and the Big Motoring World attitude to them is particularly unhelpful
    • well that google is from 2019, but the photos are certainly of someone driving on the public highway in/out by an ANP system, though the site of where the camera actually is, is not showing there are anpr cameras up by the low yellow barriers but they wont get from facing shots from there. interesting, needs to be checked if the road IS a public highway but on private land, cause as you say, if the whole area is max 4hrs , how does the hotel work< ?? must have a reg entry system.  now as for taking pictures of cars on a public highway then guessing the are parking ...erm.... i dont thnk thats right nor allowed under GDPR. dx  
    • Under the consumer rights act 2015, if a defect manifests itself within 30 days and you have a right to return the vehicle for a full refund. If any defect manifests itself within the first six months of ownership then you have a right to return the vehicle for a full refund subject to the retailers right to carry out a repair. If the retailer declines to repair or if the repair fails then you have the right to return. The problem here is that you have to assert their right. It's a bit ridiculous – but you have to do let them know preferably in writing that you are asserting your rights under the consumer rights act either the 30 day right or the six month right. I suppose that you haven't done this – which would be quite understandable because most people don't know that these rights exist and that they are subject to these conditions – the condition that the right must be inserted. It is frankly ridiculous. The dealers know it and we have lots of instances of this company delaying appointments et cetera and our strong suspicion is that they are simply trying to run their customers out of time. On the basis that you haven't asserted your rights, we now have to look to ordinary contract law. You are entitled to purchase a vehicle which is of satisfactory condition and which remains that way for a reasonable period of time. Clearly it is in satisfactory. They are blaming you. Has your independent inspection identified the reason for the defect? This will be important because as you have seen BMW are already saying it is down to your driving and you are going to have to produce evidence that it wasn't down to your driving and the you drove it absolutely reasonably and it was simply the condition of the car. Have you been without the car for any period of time. Is it driveable now? If the car was off the road for a substantial amount of time and was still off the road then you would be able to argue that this is a fundamental breach of contract and that you have been deprived of substantially the whole benefit of the contract and therefore you will be entitled to treat the contract as breached by Big Motoring World and insist on cancelling the contract. It may be that you will eventually be obliged to keep the car but have the repairs paid for. Have you had any quotations for the work that needs doing? I asked you questions about the MOT – but you haven't responded.
    • A 'violent left wing mob', comprised of a chap in a red hoody with a damp polystyrene coffee cup and a bit of wet cement, gets nowhere near cowering frightened farage some distance away on top of his double decker bus .. as farages security and support seem to film the incident grinning     Farage bravely flinches, grimaces and seems to almost burst into tears as the 'objects managed to travel a part of the way toward his position on top of his bus. His reactions honed by having a bit of milk splash him at a prior incident allow him to swiftly fall into a protective cower and grimace .. .. Sometime after, once the mob of 1 had been safely bundled away, farage apparently wipes his eyes of tears, and rising from his cowed and frightened pose, bravely shouts “I will not be bullied or cowed by a violent left-wing mob who hate our country.” .. however few they may comprise of.   https://www.independent.co.uk/news/uk/crime/nigel-farage-cement-barnsley-reform-uk-b2560501.html  
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Marstons called the other day but he was out. In the letter to me they say they have left a letter for him. No idea really what's in their letter or what the next step would normally be - anyone know the likely course of events???

 

ta

rob

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Marstons called the other day but he was out. In the letter to me they say they have left a letter for him. No idea really what's in their letter or what the next step would normally be - anyone know the likely course of events???

 

ta

rob

If HCE or BLF are around they may be able to give an answer from the bailiff camp but I can only speculate the enforcement officer will return and levy on goods if this is High Court he is able to remove goods there and then.

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  • 1 month later...

Just an update. I have spoken to Marstons and they have started receiving payments which is a positive move. As the CCJ was awarded in July last year do I understand correctly this lasts one year?? - if so what happens if he has not fully repaid the amount by July this year - do they stop or can they continue after him???

 

Marstons have not really been very informative about what is happening - had to chase them all the way so far....

 

thanks all!!

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never heard of the year rule so hopefully it does not apply.

 

And i think it would be classed as being actioned within the year anyway regardless of how long the payment arrangment lasts

 

Also, it's a high court writ now not a CCJ which is bing enforced.

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Pleased to see things are moving for you at long last, would imagine your "friend" received a bit of a shock to say the least.

 

The CCJ stays on the defendants file for 6 years. As fluffybunny has said this is now a High Court Writ which lasts for 1 year from when it was issued which I assume was less than a month ago. If necessary it can be renewed but would suspect will be paid up long before that. Your HCEO should be able to clarify the level of payments being made and how long it is likely to take.

 

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Am I just being ultra-sensitive but when reading these posts, I've sighed every time I've read the term "defendant" -- do we mean "judgment debtor"???

 

Thanks

 

 

 

Impecunious! :)

 

Mistakes can often be seen to have been made..

 

I for one did not owe the alleged debt and therefore was not a "judgment debtor."

 

I did however fight the injustice and became the "defendant" in doing so.

 

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Just an update. I have spoken to Marstons and they have started receiving payments which is a positive move.

 

How much are the payments? If the defendant (or judgment debtor) had the assets you suggested this should have been cleared up in one go.

 

Havent Marstons offered you online access to keep updated with your case?

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How much are the payments? If the defendant (or judgment debtor) had the assets you suggested this should have been cleared up in one go.

 

Havent Marstons offered you online access to keep updated with your case?

 

I've just spoke with them, and they don't tend to offer online access unless it's a complicated case or for solicitors. Anyway had long chat with Marstons and he's offered to pay £500 per month (which he is late already). He has paid a smaller sum previously, but I don't think he'll pay any more voluntarily if past performance is anything to go by. I should have more news by next week!

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  • 3 weeks later...

Mixed news really. I've been told they have got back about 60% of whats owed. I have also have a conversation with the guy and he's wanting to take it all back to court, so we'll see what happens..!!

 

I've not personally got anything back yet.

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Mixed news really. I've been told they have got back about 60% of whats owed. I have also have a conversation with the guy and he's wanting to take it all back to court, so we'll see what happens..!!

 

I've not personally got anything back yet.

 

That's not right. :mad:

 

Any money collected does have to be held for 14 days (1986 Insolvency Act) but they should split whatever is collected. I cant believe you havent received anything.

 

Does the debtor have any grounds to take it back to court other than to apply for a variation order?

 

If the details you said at the start of your thread are true, any HCEO worth their salt should have cleared this up long ago.

 

I did say that some HCEOs are better than others....

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That's not right. :mad:

 

Any money collected does have to be held for 14 days (1986 Insolvency Act) but they should split whatever is collected. I cant believe you havent received anything.

 

Does the debtor have any grounds to take it back to court other than to apply for a variation order?

 

If the details you said at the start of your thread are true, any HCEO worth their salt should have cleared this up long ago.

 

I did say that some HCEOs are better than others....

 

The payment was almost a fortnight ago so there's still time here. The debtor is focused on things which are not really relevant or would affect the outcome of the CCJ etc so I'm not concerned about this. I think I will however start making more of a noise to wind this up. Thanks for your interest!

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  • 2 weeks later...

I spoke with Marstons today. The defendant has fully paid up and they are waiting on the clearence of the second and final payment (via credit card). I was then told i need to wait 21 days before they will pay me due to the insolvancy act???

 

Very close now!!

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  • 4 weeks later...

Quick update. Now have full payment from Marstons, so it's now all settled. Thanks for all the help on this thread - you've been great!!

 

The debtor ended up paying £800 more than the original judgement purely as he refused to pay for over a year! - I even offered a vastly reduced amount earlier this year which he ignored so he brought this on himself as far as I see.....

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Well done Rob. It's taken a while but seems it was worth it in the end.:)

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