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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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    • Hello,

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      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.

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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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4 wks missed to BH - now demanding good backs - help


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quite correct bugger off!

 

you want to film them

 

and quite claerly tell them not to comeback

everything in WRITING only.

 

inform any unwelcomed doorstepper

next time the call i will be calling the police

before i answer 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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well i have just had 2 big guys at my door! i was on my way out, and they said they would be back later today....

 

Time to let them know how much rights they have! as im sure BH would not have told them......

 

 

What should i be doing next? im still waiting for the SAR! from CF-LTD....

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well trip them up - question them.

 

sadly i cant verify it

 

but i was told a story whereeby the local BH heavies intimated

to a friend that they were acting on behalf of a court document

 

then got blown out the water

 

ofcourse even if they DID have a court order

it would NEVER be BH heavies, but COURT BAILIFFS.

 

dunno about england

but in scotland apparently if someone intimates

they are operating on behalf of a court

they can be arrested by 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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Just had BH on the phone, asked me when will i be in to pay the 4 weeks i have missed! + she went on to say that she has been phoneing me 6 time a day!

 

I said to her I DONT THINK SO! as i have been at home every day for the past 2 weeks, and then she said i can not re write now! as head office have stoped all re-writes from today,

 

Then she went on to say the guys that came out to me today will be back friday to pick the items up! I then said to her i know my rights! and i then said if they come out to me you do know they will be Trespassing.....she then said thats ok they will come with the police!! i said thats ok then as that saves me calling them when the guys get here.....

 

she was not sure what to say when i said i know my rights!

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always p'haps better to outline wwhat you know as well

i'e they are not bailffs andd have no legal powers at all.

 

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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I got a call today from BH asking me when ill be in to pay! i think its 6 weeks now,

 

i said i would like to do a re-write and they said the RW,s have been stop'ed now! so i would have to pay 6 weeks money....

 

any one know if this is Ture? ( where do i stand if i do Re-write)

 

Should i write a letter to head office, and make an offer to pay so much a week!

 

 

I'm still waiting for them to get back to me about SAR i sent,

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please cont RW.

 

costs you more money

 

just state that the OSC / DLC you've paid and are reclaiming outweighs what you owe

and you are awaiting the SAR to claim them back via head office

 

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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Hi dx,

 

I hear what you are saying, but how sure are you that they will not CCJ me!

 

next time they phone me should i just say im in talks with head office?

 

I dont have house CT-ins can i still get the DLC back that i have paid?

 

Thanks

 

please cont RW.

 

costs you more money

 

just state that the OSC / DLC you've paid and are reclaiming outweighs what you owe

and you are awaiting the SAR to claim them back via head office

 

dx

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sri i meant dont RW

 

 

you do NOT need ANY house insyrance NOR do you need DLC!

 

there are NO RULES that dictate that HP agreements have to have ANY insurance

 

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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I got letters today! from BH

 

NOTICE OF SUMS IN ARREARS. for each item i have! ( is this there Default notice?) and if so? should it say so! as it dont.

 

 

They then phone'ed me to ask when i will be in to pay! and she said if i could come up with a weeks money she would see if i could have a RW,

 

I said to her that i dont know when that will be as im still waiting for my sick pay! she then said about giveing some of the items back! ( to put on hold untill i can pay)

 

why take them to hold! if i can do that, if they did take them and put the items on hold they can not sell the items so i see no point in doing that.

 

i said no i can not do that as 3 of the items are Xmas gifts and i only have 10 months to pay on them,

 

she then said that they would be out this week to take back the items if i could not tell her when i would be in to pay? or RW,

 

 

she did not like it when i told her i know my rights.

Edited by marcus6
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NOSIA are not default notices

 

 

anyhow

what about the advise of not talking on the phone?

 

now time to hit back get reclaiming the DLC/OSC

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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Hi dx

 

so what they sent are not default notices, did not think they was...

 

yea i will not be talking to them on the phone from now on.... all i will say if they phone next is if you wish to talk to me then please do so by letter.

 

yea im still waiting for them to get back to me about the SAR and then im going to start reclaiming the DLC/OSC

 

Thanks

 

 

 

NOSIA are not default notices

 

 

anyhow

what about the advise of not talking on the phone?

 

now time to hit back get reclaiming the DLC/OSC

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  • 2 weeks later...

40 cal days

 

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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  • 2 weeks later...

i'd give it the end of the week

 

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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i'd give it the end of the week

 

dx

 

Hi dx, yea thats what i was going to do just to make sure!

 

i will let you know if i get anything from them by the end of the week.

 

Thanks

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Hi Dx, I'm still waiting for them to send me all the info i have ask for with the SAR?

 

saturday i got Default Notice for each item i have with BH what should i do about that? as i'm still waiting for the SAR to come back!

 

Thanks

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send them the failure to comply letter

 

add if they do not comply

you will be complaining to the ICO in 14 days

 

as for the dn's

 

after 90 days they right the items off anyhow.

 

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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Share on other sites

send them the failure to comply letter

 

add if they do not comply

you will be complaining to the ICO in 14 days

 

as for the dn's

 

after 90 days they write the items off anyhow.

 

dx

 

Hi dx, the Failure to comply letter! is there a template on here for that letter?

 

Thanks

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