Jump to content

  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • 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
        • Like
      • 162 replies
    • 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
        • Like

Lloyds TSB credit card ccj and now fighting

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4482 days.

If you need to add something to this thread then


Please click the "Report " link


at the bottom of one of the posts.


If you want to post a new story then


Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 



Recommended Posts

Hi, first post here so apologies for all the help required but I really need to know what to do next.


I have received a CCj from LLoyds TSB in relation to a credit card I could no longer afford to pay. Then I couldnt afford to pay the CCJ repayments and so it was taken back to court for enforcement and Lloyds TSB have applied for a charge on my property.


I know its probably a bit late now but I have decided to fight them with every bone in my body. i am not going to roll over ant take it any more.


I have sent a CCA request to them and a SAR request. Received a letter from them in relation to the SAR saying they wanted me to sign a document to prove who I was or they would sent all the information to the local branch and I would have to collect it from there. Obviously I opted not to sign the document and will have to pick the information up. Still waiting for a response to this.


In relation to the CCA, I received nothing within the 12+2 days so sent them an account in disute letter. Have received a response to that today stating they have sent reconstituted copies of the agreement (which I havent received) and that they do not have to provide an original copy. also they say they cannot find an original copy and they do not agree that the account is unenforcable.


Where do I go from here? What should be my next course of action? Also, I am still awaiting my court hearing date but want all the information to hand so i can defend myself to the hilt.

Link to post
Share on other sites

If it has been to court and a CCJ made against you then a CCA request will be of no use or value to you. The account will also not be in dispute.


The SAR will be of use because you may be able to do something with unlawful charges and/or PPI.


Did you not offer any defence to the claim?


Thread moved to Legal Issues


Link to post
Share on other sites

No, I didnt offer any defence, I was in a very bad place financially and was drowning under all the debt. I have since taken stock of my life and sorted some of it out but this one has gone too far and now i need to know what I can do about it.


If there is no agreement how can the CCJ still be enforcable and sitll be valid? Can I get the CCJ removed on the basis of no agreement?

Link to post
Share on other sites

The CCJ will override the agreement.


You say you are waiting for a court date?....is this a review of some sort?


When was the CCJ awarded against you?....you might be able to get it set aside but again the passage of time will be against you and you will need a very good reason for getting a set aside if a long time has elapsed. One chance you may have is that if the debt was loaded with unlawful charges and/or PPI.




Link to post
Share on other sites

The court date is because there was due to be a hearing to determine a charging order on my property and I requested the hearing be moved to my local court to enter a defence in person.


Yes the ccj was awarded against me. It was may 2011 and I was paying £200 per month until September 2011 when I could no longer afford it.


The debt will have late payment charges and such on it. Not sure of the total value yet. No ppi though I don't think

Link to post
Share on other sites

OK so proceed to get that SAR information. From the information you get back you should be able to prepare a claim for the charges.


You haven't got a court date yet then so you have some time.


Use that time wisely and start by having a read around the forums about setting aside due to unlawful charges.


More of the guys will contribute with the precise mechanics of getting the set aside application sorted out




Link to post
Share on other sites

To be honest I think you have left this far too late to challenge the debt itself (the CO application is a separate matter but statistically there is little chance of stopping that). The time to challenge the debt is when the claim is issued, not nearly one year after the judgment was entered.


If you *do* want to challenge the debt you would need to show a real prospect of successfully defending the claim and you would need to show that you acted promptly in your application (see CPR Part 13). I cannot see how you will overcome that test. Also, even if you succeeded you would almost certainly have to pay the costs of the application and it only restarts the claim, it does not make the debt go away.


The only issue you have raised is that of charges. That should not entitle you to set the judgment aside as you can issue a separate claim for those charges and set any damages awarded off against your CCJ, they do not in themselves give you a real prospect of defending *this* claim. In any event you would need to particularised the charges and show that they should be refunded.


For the amount of time and money you will now have to spend in trying to unravel this CCJ and defend the claim I really think it would be wrong to suggest that you try. It is of course your decision though and if you want to proceed no doubt people on the forum will help you.

Link to post
Share on other sites

So if I was to proceed, I would have to apply to have the judgement set aside on the grounds that I wanted to defend the claim. Could my reasoning for this be that I Did not have the information to hand at the time or would I need another reason?


Then would I be able to use the fact there is no enforceable agreement as my defence? Could I also claim back charges on this? The debt stands at £10600 so anything I can do to defend myself will help me out greatly.

Link to post
Share on other sites

What would be my best line of defence with regards to getting it set aside?


Then and only if I can get it set aside would I be able to challenge the enforceability of the debt?


I need to prepare a case for unfair charges. To do this I need the sar information. Do I wait for this to come before trying to get the ccj set aside or should I do that in the first instance?

Link to post
Share on other sites

Ok so what would my best prospect of getting it set aside? I understand I need to demonstrate that I have a prospect of defending. I have a letter from lloyds stating they cannot find the agreement. Still waiting for the sar to see what that contains. Also, how would I demonstrate I have done so in a timely manner? I really appreciate your help and I realise this is not clear cut but I really do want to defend myself against this and need to get it set aside.

Link to post
Share on other sites

You seem to be looking for a definitive answer, only you can decide if you have a real prospect of successfully defending the claim such that you feel it is worth your time and your money in trying to get this set aside. I have given my opinion, which is that the application is a non starter, but no one can tell you whether it is something you should do. You also mention how to show promptness, again as I have said earlier I do not think that you can and the application will fail. That is just my opinion though, it is your money at the end of the day.

Link to post
Share on other sites

Hi dssimon, We had a judgment set aside a few years ago after it had been in place for a year. After that the other side 'Discontinued', so it can happen. Have a read of my thread about it below to see if it is of any help to you. Of course circumstances are different and it may not be the best thing for you but I remember the judge asking me why it took so long and I truthfully replied that we had been in a turmoil and did not know that we could apply for a Set Aside until we had recently heard about it and started looking into it ourselves. The very best of luck to you, Pru


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?

  • Create New...