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    • Interesting they're not mentioning Barclaycard. Just Barclays Bank UK PLC. This may have been an Egg card ...but I simply don't know.
    • Just to be clear, the (£75) compliance stage fee is triggered the moment the instruction to undertake the Schedule 12 procedure is received by the enforcement agent/company - not on sending the Notice of Enforcement. That said, if you don't pay it, it can only be recovered using the Schedule 12 procedure if the Notice has been correctly 'given'.  To do that it must be given to the place, or one of the places where you usually live or carry on a trade or business.  Which, as I see it, has not been achieved.  The (£235) enforcement stage fee applied by attending an address where you don't live or carry on a trade or business is not enforceable and cannot be recovered using the Schedule 12 procedure. If they find your current address, they would have to re-issue a Notice of Enforcement to you at that address before being able to undertake the Schedule 12 procedure. In your place I would pay the debt plus the £75.00 direct to the council, leaving them to pay the £75 to the enforcement agent/agency.  While not (at this stage) enforceable, the £75 is due under the liability order (debt + costs). If you pay the debt direct without paying the £75, the distribution of any payment received, while the liability order is still with the enforcement agent/agency, requires the £75 to be paid first - leaving £75 of debt! Hope this helps  
    • "Customer Appeasement" apparently So they refunded £10.4m without actually receiving the returned goods. Sounds a very thorough fool proof returns system they have there
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    • If you are buying a used car – you need to read this survival guide.
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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.  

      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.

      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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • 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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Debt collection harrassment over bad tenant


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When we were working away we let our house through a letting agency who, although they had a "high street presence" did not safeguard our interests as landlords. We were naive, and trusted the firm because they had a shop front and adverts in the local papers.

 

In short, although we were paying them £50 per month we ended up with no proper tenancy agreement, no inventory or statement of condition, no regular review, and more to the point, no agency agreement.

 

We had tenants who were "men of straw" and lived like pigs. We found the remains of a Chinese takeaway under the sofa, and it and the sofa were infested with insects. They had a dog (contrary to the tenancy agreement we thought we had) which had used the hallway and stair post as a toilet area.

 

Fortunately our next-door neighbour had our phone number and turned out to be a true friend.

 

The agency "dis-instructed themselves" once they knew we were onto them, leaving us to appoint a new reputable letting agency, simply so that we could serve legal notice to quit on the tenants.

 

The tenants caused thousands of pounds worth of damage to the fabric of the building including the need to replace ceilings and door frames, but we were lucky in that they did agree to leave, albeit after they had well "spent" any deposit we might have used to help cover some of the damages.

 

However, when we moved back into the wreck of our "home" we continued to receive debt collection letters for well over 5 years after they had vacated. We wrote letters and phoned the various agencies concerned, but all they seemed to do was to sell the debt on to another collection agency, and they took no notice at all when we said that the tenants had moved on. Threats to report them to the Information Commissioner for failure to update their data under the terms of the DPA were simply laughed off.

 

We have now sold the house in question, but I thought that readers of this forum might be interested to learn of our experiences. We are now NEVER going to let a house again, of course, but we would be interested to know if there was any action we could have taken to stop these debt collectors harassing us, other than what we had already done.

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What a nightmare for you and thank God it's over now. As to whether or not you could have taken other actions one can always take other actions. Without details of letters sent etc.... and whether you actually did complain to official bodies it is difficult to say. The main thing is they're out and you have your house back, albeit by learning a very costly lesson.

 

Hopefully this thread may just stop someone else making the same mistake, so thanks for posting it.

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Not a home owner, but I have rented places with a pedigree of "dodgy" tenants doing a runner.

 

My solution was simple. Lots of extremely unpleasant and arrogant emails to the debt collectors sending letters, and threats to charge them admin fees for dealing with it.

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