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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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restons/mbna claimform - now CCJ+CO - set aside?


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Hi all i sent a section 78 to mbna in feb 2009 they finally replied in feb 2011 but my question is if the account is in dispute can it be passed to a third party or issue a default and can they take legal action while it's in dispute?

 

 

can you let me have the section of the cca that states they can't

 

 

i was was trying to find out if i had paid any ppi and tick the box on the form so sent it to them in feb 09,they replyed in jan 2011. they said it is not easily readable (which i agree) and they would supply a readable copy still waiting in feb i recieved a court summons but only by accident they had changed my address from a house name to a number which i had not informed them about. had a letter off restons giving a date for court on the morning of court went told juge correct address but the court carried on sending letters to the incorrect address and so did the court then i received another letter just before xmas saying it was in court sent solicitor to that as i was not able to attened now received a warrant of exicution so looking to file a n244 form but need help filling it out have the letters i sent to mbna before the refured it to restons. also sent them a sar request but thay didn't include a copy of the default in with this nor any of the letters i have sent them.

i'm self employed and suffer from depression just got over a bout of it don't want it back

 

as judge awarded a charging order and £2000 in cost when account went into dispute i owed less than £2000

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Hi all i sent a section 78 to mbna in feb 2009 they finally replied in feb 2011 bow my question is if the account is in dispute can it be passed to a third party or issue a default and can they take legal action while it's in dispute?

 

 

can you let me have the section of the cca that states they can't ?

 

 

i was was trying to find out if i had paid any ppi and tick the box on the form so sent it to them in feb 09,they replyed in jan 2011. They said it is not easily readable (which i agree) and they would supply a readable copy still waiting in feb i recieved a court summons but only by accident they had changed my address from a house name to a number which i had not informed them about. had a letter off restons giving a date for court on the morning of court went told juge correct address but the court carried on sending letters to the incorrect address now received a warrant of exicution so looking to file a n244 form but need help filling it out have the letters i sent to mbna before the refured it to restons. also sent them a sar request but thay didn't include a copy of the default in with this nor any of the letters i have sent them or they have sent me there is about £450 in charges, and given in the the court after the hearing include a list of telephone calls but not all of them. the date they say in their court papers the default notice was issued is different to the one i received

I stopped paying because i broke my foot and being self employed didn't have any money coming in was off work 10 weeks but still having trouble with it as we were able to manage to py our mortage and council tax which we kept up to date. The judge awarded £2000 in cost when account went into dispute i owed less than £2000

an he also granted a charging order

i suffer from depression and stutter when standing in front of people to talk

if this is all jumbled sorry

thanks

Edited by jcbkabs
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They can legally do all of those things notwithstanding that the account is in dispute (I'm not saying that it's good practice just that it is not unlawful). Otherwise we'd all put accounts in dispute for frivolous reasons and the creditor could do nothing about it!

 

EDIT: The judge awarded £2,000 of costs on a charging order application?!

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how should i apporach this pay it all up or file a n244 form as i think the have deceived the courts by changing my address while knowing i still live at the address they changed it from hoping not for me to put up a fight

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how should i apporach this pay it all up or file a n244 form as i think the have deceived the courts by changing my address while knowing i still live at the address they changed it from hoping not for me to put up a fight

 

 

 

I wouldn't focus too much energy arguing about the address as at the end of the day you still received all the documents!

 

I'm concerned about the £2k costs for a charging order (CO). CO costs are a fixed fee of around £215.00.

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I assume its £2k for the whole claim Ganny.

 

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Hi all i sent a section 78 to mbna in feb 2009 they finally replied in feb 2011... i was was trying to find out if i had paid any ppi and tick the box on the form so sent it to them in feb 09,they replyed in jan 2011...in feb i recieved a court summons... had a letter off restons giving a date for court on the morning of court went... now received a warrant of exicution... the default notice was issued is different to the one i received

 

I stopped paying because i broke my foot

 

It seems that you have, by accident or design, received everything. Did you file a defence to the claim? In any event you appear to have attended the relevant hearings.

 

The fact you broke your foot, although unfortunate, is not a valid legal reason to stop paying.

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yes sent it back with wrong address but didn't have any thing back off the court had a letter off restons the morning of the first court hearing, went made judge aware of correct address still no letters off court then i get a of land register to tell me that on there has been an application for a charging order on my home slight problem there my i signed a prenup there with the with back in 1997 when we got married i only get 1% of the family home she gets 99% if we split so would they be able to force me to sell my 1% its currently in neg ative ecuity by about £30000.

does not seem fair how the don't follow the rules yet the use them to make you follow them

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Back in 1997 when we got married i only get 1% of the family home she gets 99% if we split so would they be able to force me to sell my 1% its currently in neg ative ecuity by about £30000.

No, they won't force you to sell regardless! Just because you have a CO on your property doesn't mean you have to sell it or it will be repossessed. A CO is a way of securing an unsecured debt and, while they are all too easy to obtain, Orders for Sale, which is what's required to force you to sell, are very rare! In fact, they are hardly ever granted for consumer debt under £25k. If the debt is yours and the property is jointly owned all they can register is a restriction. Even with a full CO the'd never get an Order for Sale for £3k.

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looking to get it set aside due to them changing my address to an address i have never lived so think this was to try and get the ccj with out me defending but i think this could be treated as fraud. at also they have not responed fully to the SAR there is not a copy of the default notice in there have also sent a complaint to the financial ombusiman as it took mbna over 12 months to responed to my section 77/78 request the they amitted it was not readable and would send out a readable copy still waiting

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But, as has already been said, whether by accident or design you actually received the notices of hearings and attended court. I think you would struggle,particularly after all this time that you've done nothing, to have the judgment set aside on the basis of the reasons given.

 

At the end of the day, if you had received more paperwork/the paperwork you receive had been addressed properly what actual difference would that have made?

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I signed a prenup there with the with back in 1997 when we got married i only get 1% of the family home she gets 99% if we split

 

what actually was this 'prenup'? was it a formal declaration of trust or did you and your ex wife just agree this?

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i've been suffering from depression i get good days and bad the last few months have been mainly bad so bad even thought about the unthinkable £2000 in costs is excesive so they are allowed to lie in court and get away with it need to deal with it while i'm on a high just incase i fall back in to the black days

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as to the prenup that was done before we were married in 1997 the wife getts 99% of any main residance i get 1% after any mortage is paid by with land registary it shows equal stake this was done so we could get the mortage on this house in 2007 but prenup still in force. we are still married she has helped me so much by draging me to the doctors and makes sure i take my tablets every day at the same time every day with out fail along with introducing a routine back into my life i use to be so active since i broke my foot i cant ride my bike stand to watch my boys play rugby use ladders and still walk with a limp i've gone from having saving and 3 holidays a year to no savings and worrying if we can make our mortage and council tax bill electric and gas all paid and up to date at the moment

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