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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 
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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.
      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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Uk ?ccj whilst i am living and working abroad temporarily


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I am living and working in Southern hemisphere, a friend opens my mail rarely and only the latest mail, he says there is a BOS court letter saying it has been passed to my local court for enforcement from Northampton. I have a 10,000 debt as I couldn't afford the repayments. I paid off AM EX debt whilst I have been living here and thought I may eventually get around to paying off BOS.

My friend has now gone away and will only be able to get my earlier mail with the Northampton court info in it end of November.

I am paying rent whilst I am living here and don't have much spare money as I am still paying my council tax and water bills back in UK plus reguaalr minimum payments to a credit card(not using)

Not sure what I can do about this from here? Should I get in touch with Bank Of Scotland or is it too late for that, It sounds like a CCJ.

THANKS FOR READING.

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no juristircition outside uk

 

see the other posts in this forum [moved to overseas forum for you]

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for quick response. i will be coming back to Uk in less than 2 years and would like to have my debts paid off. What happens to the debt if the bailiffs can't get in? I can't imagine they give up on the debt?

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What happens to the debt if the bailiffs can't get in?
They can't just send in bailiffs on the back of a CCJ they would have to apply to a court for permission to enforce.

 

Because you were not resident in the UK at the time they applied & obtained the CCJ you will be able to apply to have it set-aside; It would cost £75 & you would need to fill in a N244, see; http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

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Seems the letter from Northampton County Court states" Notice Of transfer of proceedings to my local county court for enforcement". Only my UK current account bank and council know I am abroad. didn't think to tell CC companies as do all my banking on line. I am only here under 2 years more. Was making payments but lapsed as lower salary, rent to pay etc. I do own my home in Uk.

The Bnak Of Scotland weren't informed I was moving abroad. Should get in touch with my local county court, although i haven't got any details as yet, could I arrange to pay them. I don't have much spare, would they accept payments from abroad?

Thanks

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You would need to see what the judgement actually states but i would guess it's a forthwith judgment which would mean the debt would be due in full.

 

There are several things you can do, you could apply to the court to have it set aside which if granted would allow the creditor to reapply so unless there is some dispute with regards to the amount they claimed such as PPI or unfair charges it may be wise to take another route.

 

You could apply for a redetermination which would mean you providing the court with an income & expenditure form. A judge would then determine what he thought you could reasonably afford to pay monthly.

 

You could also contact the creditor explaining that you are abroad and try to come to a private arrangement where you pay them monthly. Depending on the amount owed & if they know you have property they may ask you to agree to a charging order which would give them some security on your property.

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Thanks for the info. If I communicated with Bank of Scotland would it be best in a letter from abroad or by telephone. I wonder how much they would accept. OR I could fill in an expenditure form for the court but there isn't much left over after my UK bills and bills from here are paid. The court wouldn't insist I sell my property would they?.virtually impossible from here. Would the court have to know I have a property in UK, it's not worth much but paid for hence I still have to pay council tax and water charges as it's furnished I was only going to be away for 2 years. May go to OZ to make some good money if there is a job after here then I could clear my debts.

 

Finally what would happen if I just ignored it all? Don't think I could take the stress but exploring all options!

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The court wouldn't insist I sell my property would they?
No, the creditor would have to apply for enforcement which can be in may forms including bankruptcy.

 

Finally what would happen if I just ignored it all? Don't think I could take the stress but exploring all options!
Not a good idea as you have assets in the UK.

 

Try contacting the creditor first to see if you can come to a private arrangement, if not then the redetermination route would be the next best step in my opinion.

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I will ring the CC company should I tell them I am living abroad, that would explain my "ignoring" their letters. I could probably manage 100 puonds per month but that's not much for a 10,000 debt. Sorry no pound sign on my laptop. Anyway thanks for your analysis and advice

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