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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.  

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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.

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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.
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      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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Nationwide Chasing a CCJ and Other


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I posted this on someone elses thread but thought I'd better make a seperate thread of it to see if anyone could give me any advise or what anyone thinks they the DCAs could possibly do.

 

I have Shoosmiths acting for Nationwidelink3.gif chasing me, they have a CCJ against me taken while I still had a house in the UK, now I don't they want me to fill in an I&E for them to see how much they think I can afford, even though I have made numerous offers through Payplan they still won't go for that, they said they will continue legal action if nothing is agreed. That debt is for 4800 pounds.

 

I also have Eversheds acting for Nationwide, they didn't get a CCJ but are threatening legal action in the Netherlands, they didn't say how, if we don't agree a monthly payment, they also ignore the Payplan offer and want me to fill in an I&E for them, the debt is about 8500 pounds. I am paying them 18 pounds a month but I actually think they will accept something like 30, the first solicitor hinted at this months ago when they tried to take me to court but I managed to stall them by getting it throown out for having the wrong paper work and then kept them going until after the house was sold so they couldn't continue with it thinking that after that they couldn't touch me but having read this I don't know anymore.

 

I'm going along with Shoosmiths for now until they tell me to repay a stupid amount, I think they will ask too much when they ignore the I&E and just decide how much I have to repay anyway.

 

Eversheds I'm being a bit more cocky with, I have refused to fill in their I&E saying that I filled one in for Payplan and that they have a copy and that is what they should stick to as my other creditors have.

 

Not sure what will happen, any advice is welcome, they both have a PO box number for me here in the Netherlands but no proper address and I am cooperating with them but try to stear them towards the payplan offer as much as possible which they have both been receiving for over a year now.

 

 

Thanks

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I have a feeling that simply by cooperating with DCA's paying them some small amount and being in contact with them you have set yourself up for escalating levels of contact and coercion.

 

From the DCA's perspective you have 500 people to call and try and make your commission on. Those who make any response or can be contacted by phone are open to suggestion and continued contact. Ie You are paying these parasites 1Pound a month this is more than nothing and means you are compliant with their bull**** they have a contact they can try and pressure to pay more. This is the DCA phone monkeys key objective

As opposed to debtor who has simply disappeared or given an address he's never available at. These people cost the DCA parasite increasing amounts of money to chase with uncertain outcome. Who knows of they are simply going to declare bankruptcy or if secured debt or HMRC tax debt is the first to be serviced.

 

I say if you are in the EU ignore them it's going to cost them real money to trace and serve local legal process that will again cost them real money to file.

 

It seems to me the smart DCA's must first make landregistry searches if anything shows they really step up pressure. If not they just try for contact to see of the debtor if open to their threat bull****.

 

It's worked for me so far! My debt amount is around 40k- 12k single creditor before charges... ... I'll post if anything changes... I used to lose sleep over this but now I'm just very aware of keeping check on any UK CCJs etc... I have given abroad telephone number and address I have proof for foreign correspondence should any default CCJ come up.

When the DCA's call i just put the phone down infront of the TV and around 10min latter hangup.

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One of them already has a vaqlid CCJ though, what could they do? Could they easily get this transferred to the Dutch courts or would 4800 not be worth it?

 

The other one's are just threatenning, would it be worth for them to try to get this in a Dutch court?

 

I understand what you're saying and it does seem to work better the ignoring psrt with my other debts, these ones for Nationwide just seem never to give up.

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One of them already has a vaqlid CCJ though, what could they do? Could they easily get this transferred to the Dutch courts or would 4800 not be worth it?

 

The other one's are just threatenning, would it be worth for them to try to get this in a Dutch court?

 

I understand what you're saying and it does seem to work better the ignoring psrt with my other debts, these ones for Nationwide just seem never to give up.

 

Yes that DCA has paid some real money for a CCJ and you have been paying them a token amount they are never going to give up now - It's a paying contact.

 

All the threads on CAG todo with UK debt enforment in EU and also the Expat forum threads regarding leaving UK debt. Never have people posting any experience with local enforment of UK judgments.

 

Except for this post;

 

http://www.consumeractiongroup.co.uk/forum/overseas-debt-overseas-account/261871-debt-living-abroad.html

 

Which is to do with non CCA mortage debt.

 

Lots of people loosing sleep and posting questions in regards to - What if? Can they follow me? What powers do they have? Threats etc... But never stories of local papers received.

 

Any stories of EEO EU enforcment to be told? It seems to me it's a perfect time for uk debt slaves to take advantage of free movment in the EU and make fresh start!

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Yes that DCA has paid some real money for a CCJ and you have been paying them a token amount they are never going to give up now - It's a paying contact.

 

But would you think they would follow up through the Dutch courts for 4800 pounds? Aren't CCJs transferable easily to other EU courts? I've only contacted these once recently, they are receiving payment through Payplan at the moment for 10 pounds a month which they are unhappy with and want more.

 

So, for the other debt where they don't have a CCJ I am probably safe to just continue the Payplan and ignore their threats, as you pointed out there are no posts where this has happenned and there are a few posts saying that there is a murky area with credit under the 1974 act (this debt is for a credit card) which makes enforcement almost impossible to do through an EPO.

 

They both don't have an address either only a PO box so they would need to trace me as well.

 

So in your opinion I should keep up the payments and just ignore them as they are empty threats?

 

Thanks

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