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    • oh well i wonder what new fake documents they have made up then...for them to try this.... just to check nothing funky like Link have filed an n244 to lift the stay and strike out her defence....she hasnt moved since last court comms has she?   is this an n24? bit unusual for a 13mts stay to just be lifted... has she not received anything from link/kearns in the last fw weeks like a docs bundle? bit like this thread... https://www.consumeractiongroup.co.uk/topic/466576-lc-assetlinkkearns-claim-form-2-mbna-cc/?do=findComment&comment=5256397  
    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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New Zealand creditors tracing debtors in the UK using UK based DCAs?


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Hi, I currently have a huge student loan debt in New Zealand. I am in the UK.

 

The NZ govt is now trying to recover defaulted loans mainly in Australia and now the UK, soon to be using DCAs.

 

Does anyone know how easy it is to trace a debtor if the DCA only has a name and date of birth?

Also does an overseas debt become a UK debt if passed to a UK based DCA?

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If you are on the electoral roll or have any form of credit, mobile 'phone contract, bank a/c or pay utility bills you will have a UK credit reference agency file which can be searched along with the electoral roll by DCAs & dedicated search companies. Obviously if you have a common name like Smith it will take them longer but they would only need to concentrate on new files with no past credit history.

Also does an overseas debt become a UK debt if passed to a UK based DCA?
There are reciprocal agreements between the two countries where enforcement can be taken cross-border but in general unless they already have a judgment from NZ they would have to bring an action in a UK court.
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Hi Thanks for the response.

If I settled with the original creditor, would the UK DCA still be able to legally persue me? Even if a judgement was made was in an NZ court?

 

My concern is that I might be able to come to an agreement with the NZ Inland Revenue (the creditor), but still be chased in the UK if the debt has been sold to a DCA.

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Then you would just refer the UK DCA to their client in NZ and leave it with them to confirm between them that no further liability exists? If the debt has been sold then I daresay that the original creditor could not deal with you unless they take the debt back from the DCA.

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I doubt whether they will sell an IR debt to a DCA in the UK although they may enlist their help in collecting.

 

There are reciprocal agreements between the UK and NZ so if there is already a judgment they would have no difficulty enforcing it via a UK court, particularly as it is a government debt.

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