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    • CB ....this conclusion is true.   as for PB, i can assure you that user most probably ( well i know but shouldn't say} holds the record here for the most reported posts by users as well as from those of the site team concerning his posts. if you hold on someones username further info can be seen.   however , a bit like say vodaphone or virgin media , very large companies with millions of customers will get the most complaints made against them...and that equates to posting levels here too. as for 'royalties account holder' that again merely points, by a default label in the software package we use, to the number of posts made.   one could further this by noting were we to agree with all their posts they would be on the siteteam... i will leave you to understand why not .....       don't think anyone did?    regards  DX
    • Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose. Lucky he didn't bring his complaint to this forum first because if he had of done, he'd be £10K poorer right now. And for something that Peterbard describes as benefitting from being newsworthy, I am struggling to find all the news reports that refer to it.       Confucius  say "he who backpedals, falls off bike."    I'm not surprised in the least that you, a gold account holder on this forum, would adopt a dismissive attitude to this well deserved victory in court against DCBL, however I'm curious as to why you opted to reduce the issues at stake to being 'simply' about ' the EA fell foul of the regulation which defines "relevant premises".   That certainly wasn't any argument that Iain Gould furthered and he's a civil actions lawyer whom, dare I say it, know a hell of a lot more about trespass and misuse of private information than you do.   The judge never mentioned "relevant premises" either. Not during the hearing or in his judgement. And you never mentioned it either prior to know. In fact, in the original  in the original 2018 thread you even went so far as to suggest that whatever address was on the writ was irrelevant because, "interestingly, if the address is not  a requirement it would not be possible to sue the bailiff for wrong attendance under section 66."   Not that your wrongfully held opinion that non debtors are also subject to the Tribunals Courts and Enforcement Act 2007 matters, because as I had already pointed out in the first video because the claimant wasn't suing for wrong attendance under section 66.   He sued for trespass. Part 66 never applied to him because he was not the debtor and never had been. You and the likes of DCBL can disregard that obvious point as much as you like, but bailiffs do not have a blanket immunity from trespass.   Have a look at the article Iain Gould has written on his blog about the case. It might help you understand the tort of trespass in some small way, and might help you adopt a more balanced approach to those poor sods who owed no debt and have had their homes raided and their privacy breached by EAs, and then - to add insult to injury - they come to you looking for help.   What makes it worse is that your defective understanding of when an Enforcement Agents action can give rise to trespass is backed up by your site team members who think it's their job to echo your mistakes not by justifying what you say - because they can't - but by making defamatory remarks at the expense of those who give the 'correct advice'.   Unlike you and your team members I don't hide behind the protection of anonymity. Nobody can hold you to account if you get it wrong, or heaven forbid, if it turns out you  have been working for a firm of debt collectors all along. To add to this, you don't seem to care much about removing libellous remarks from your forum when a legitimate complaint is raised.   To respond to Bank Fodders comment that "At some point in the video it has screenshots of this forum and the narrative suggests that some people agree that an enforcement agent has the power to enter into a property to check on identity. I think that it is intended that the CAG is associated with this belief."   Seriously? I have to point it out to you.   Maybe it has something to do with key members of this forum smearing me on the original thread by saying how wrong my narrative was and then implying I was a Freeman of the Land.   Maybe it had something to do with Gold Member Peter Bard leaving this comment on the same thread that stated:   "The point I was trying to make is that the EA will not be as interested in paperwork as in physical proof that the debtor does or does not live there.   As said there is no requirement for an address on a warrant, in fact the debtor may live at several addresses and the bailiff may attend to serve at any of them. The warrant is against the debtor, not the debtor at an address. It requires only enough info to identify the person.( see CPR wherever it is).   The bailiff will be much more interested in getting in and checking for clothes in wardrobes, sleeping accommodation, letters etc."   I'm sorry if that wasn't enough for you to justify me bringing that point up in the video. I did consider coming here before I completed it and asking those members if they intended to maintain their position that the Enforcement Agent had acted within the law but strangely the forum account I had used to make my first and only posting on this forum in 2018 - to counter the smears - would not allow me to sign in.   Far be it from me to draw any conclusions about my input not being welcome here, I figured Peterbard and some of the key members here would use their creative skills at providing a blanket immunity from civil liability for all EAs by misinterpreting key legislation in their behalf.    It looks like I was right about that also. Unfortunately I have given in to temptation, and am choosing to respond, even though I know how utterly futile it is.
    • There was another poster (Hammy1962) who understood (#3) the distance selling point you were trying to make, but you may have inadvertantly put him off in your subsequent post.  He may still be following this thread.  Wonder if he has any ideas that could possibly help you?    I'm concerned about how you continue if the TS route is not helpful...
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Yes Car Credit & Go Debt Again - Abroad


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Reading previous forums which has been interesting to say the least. I have a poser, also regarding Yes Car and Go Debt. Maybe others could shed some light on my/my wife's position.

 

She took a car loan out with YCC on 22/11/2004 and ultimately returned the car not long after. She has since not heard anything till beginning part of this year where they started to send letters to her mum's address advising the settlement of the outstanding loan balance. We do not live in the UK at present and therefore following checks on GD we decided to ignore the letters and have them sent back to GD declaring we no longer reside in the country or at that address. They have since continued on a sporadic basis to keep issuing letters to the same address, non of which I believe have been threatening and upon which my wife's mum has returned them straight back to GD.

 

She has now recently received an annual statement from GD for 01/10/2009 to 01/10/2010 requesting the balance be settled.

 

Questions:

a) Does the 6 year rule apply and if so will they continue to persist after this?

b) Does this in anyway have an impact on my wife's mum and the house? ie is she liable and can they recover against the house if it gets that far?

c) Would welcome advice on how to proceed further. We can request a copy of the original credit agreement using the templates provided but ultimately if this leads to them issuing an SD it is highly unlikely we would be able to attend the court hearing.

d) With reference to c above, I am assuming that her agreement will be similar to the majority if not all the others taken out with YCC.

 

I would gratefully appreciate any advice and help on the matter.

 

Thanks

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if no payment or acknowledge in the last six years then yes, it will be statute barred

 

the ycc agreements are no more than bog roll

 

my tally so far

 

yes car--0

 

postggj 24

 

says it all realy

 

i would send them the statute barred template

 

when was the last time you checked your credit files to see if godebt are on them before we continue

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Hi,

 

Thanks for the post, seems promising. As far as the credit files go I'm pretty sure that she has never checked them or at least for the last 4 years anyway.

 

Just tried an on-line experian check but cannot get past the credit card details section as she has never had a bank or credit card. Do not ask how she got YCC to approve her loan. Suppose that says it all really!

 

My initial biggest concern is that there could be some comeback on my wife's mum and her place. Is that possible?

 

Do I need to send the Statute Barred or will they just cease at the end of the six years. The 6 years is up end of november this year.

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there will be no come back on your wifes mother it is not her debt so she need not worry...they probably will not desist even after 6 years..there is nothing to stop them asking for money..however

once the 6 years are up you can tell them to simply take a hike and they must....if it is now 6 years then suggest you send them the statute barred

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