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    • It sounds as if they need better algorithms or another way to check. DWP algorithm wrongly flags 200,000 people for possible fraud and error | Housing benefit | The Guardian WWW.THEGUARDIAN.COM Exclusive: Two-thirds of housing benefit claims marked as high risk in last three years were legitimate, figures show  
    • I'm afraid that both yourself and we will need to see the claim form as a basic minimum. As this person has issued proceedings, we can't go any further at all without understanding the detail of what they are claiming on the basis of the claim. When you receive a claim form then you might normally respond within 14 days either with a defence or an acknowledgement of service. If you don't respond with either of these then the claimant can go ahead and obtain a judgement against you in default and that then becomes a bit tricky and also a bit expensive to overturn – called "a set-aside" If you don't file a defence but you supply an acknowledgement, then you get a further 14 days so up to 28 days to file a defence. I understand that you have had difficulties accessing the claim form. I'm afraid I don't know why that is not sure how much help we can give you on that. You're going to have to do this is a matter of urgency whatever the runs are rights of your position are. Once we understand the claim form, then we can advise you as to the next step and also we can put the claim in the context of your own story and decide how best to defend. I'm at a bit of the lost to give any more constructive advice at this point. Access to the claim form is essential. You could telephone the County Court business centre which I think is in Northampton. They have a helpline and maybe they can give you some solutions – but in the meantime, why can't you access the password reset? Have you checked your spam folder?
    • Thanks very much BankFodder, your help is invaluable and I will read through it more carefully this evening.  At this time I am not aware of any information I have left out. And thanks to jk2054, I realised after sending it about the third party rights, you are absolutely correct and I will proceed as standard BOC claim. I'll come back with any questions once I've had a thorough re-read and so I hope to get the letter emailed and posted early this week so I can start the 14 day clock. Thanks again, M
    • The original LOC is wrong. You are nothing to do with third party rights.   you placed the order on EVRi's website so there is no third party rights in it, its a standard BOC claim
    • nike pre provide the labels arguably here the easiest target is nike because they will give in very easily.  
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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
      • 161 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
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Link Financial trying to recover 12 year old ccj?


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Hi All,

I've had a read of some threads which have given me some really helpful advice,

but I was hoping someone could offer something more specific to my husband's situation.

 

My husband recieved a letter from Link a couple of months ago regarding an old (pre 1998) student loan.

We sent off a statute barred letter only for them to reply saying the account was subject to a ccj and so cannot be sb'ed.

 

I do not think they knew about the ccj to start with as the original sum they were asking was about £3300, and this dropped to £2400 in the ccj letter.

 

My oh has no knowledge of the ccj (Link claim he has paid £104 towards it but as he didn't know about it this is unlikely!),

but rang the county court who confirmed a ccj was given to the slc in 2000 (Link had ref no of the ccj).

 

The lady dh spoke to at the court was quite helpful and told dh it would no longer be enforceable but would speak to the Judge.

I assume she got 'told off' for discussing it with dh as he recieved a strangely short email from her saying Judge said they would need to seek permission to enforce but this is likely to be given! :!:

 

We were planning on replying to Link just asking them to prove the ccj, that they are the claimant etc

- not telling them we had spoken to the court and see what they come up with.

 

The debt helpline suggested we could offer 30-40% of debt as settlement - is this a good idea?

 

Reading on here we assumed it would be unlikely to be re-enforced, but the reply from court suggests it could be likely.

 

Can anyone suggest what would be the sensible way forward here?

 

Thanks

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I would invite Link to provide full details of the 'alleged' CCJ - there's certainly no need to help them by giving any details which you have been able to discover, and also to provide proof that your husband made the alleged payment of £104, including full details of when and exactly how the payment was made.

 

To a certain extent Link are correct in that if a CCJ has been granted then the debt cannot become statute barred, but if it has not been enforced for 12 years Link would have to go back to court for permission and to be honest I would be amazed if permission was granted unless your husband has been hiding under a stone for the last 12 years.

 

Additionally, if your husband really knew nothing at all about it then he could also apply to have the CCJ set aside.

 

All in all, if Link want their £2400 they are going to have to work for it and it is going to cost them. Can't see it happening personally, but you never know. At least they can't trash his credit reference file with it.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thanks, I've written a letter asking for proof so will see what they come up with.

My husband was homeless for the first few years but has been on the electrol roll since 2004 and we got a mortgage in 2005 with no problems so he has certainly been traceable.

Is the issue of the payment relevant to whether the ccj is still enforcable or not then?

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urm... CCJ's are 6yrs and they fall off a cra

paid or otherwise not 12yrs [thats mortgages]

 

i would infact do nothing mre.

 

link as usual are talking a load of bullworts just to get you to contact them.

 

check your oh's cra file please

 

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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Is the issue of the payment relevant to whether the ccj is still enforcable or not then?

 

Probably not, but why not make them prove everything. If it turns out the payment was nothing to do with your husband it just discredits the rest of their utterances.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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See sec 24; http://www.legislation.gov.uk/ukpga/1980/58

 

If a creditor tried to enforce it your defence would be section 24 of the limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

For this reason alone, cc judges would not normally allow enforcement.

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urm... CCJ's are 6yrs and they fall off a cra

paid or otherwise not 12yrs [thats mortgages]

 

i would infact do nothing mre.

 

link as usual are talking a load of bullworts just to get you to contact them.

 

check your oh's cra file please

 

dx

 

Dh checked his credit file which is clear, we also hadchecks done in 2005 and 2010 when we took out a mortgage.

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See sec 24;

 

If a creditor tried to enforce it your defence would be section 24 of the limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

For this reason alone, cc judges would not normally allow enforcement.

 

thanksfor that,I'll keep it in mind if they try to claim it's enforcable.

 

They have just sent a letter asking him to ring them to arrange apayment plan if he cannot pay it back in one go, despite telling him originally payment plans were not acceptable, so perhaps they arefeeling the shaky ground?!

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thanksfor that,I'll keep it in mind if they try to claim it's enforcable.

 

They have just sent a letter asking him to ring them to arrange apayment plan if he cannot pay it back in one go, despite telling him originally payment plans were not acceptable, so perhaps they arefeeling the shaky ground?!

 

Or they just want to get him on the phone where they can say and threaten what they like without having to put it in writing.

You are not going to phone them, of course. Unless you can record the call.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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If they write back with nonsense about the CCJ and there are no reasons for you not paying, just write back a short and sweet letter addressed to their compliance manager. e.g the owners of the debt had 6 years from the date of the CCJ to collect and they failed to do so. Therefore the CCJ is no longer relevant and you will not be able to get any judge to extend it. I would therefore suggest that you stop trying to communicate with me or a report will be made to the OFT.

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