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    • I have been trying to help with this case I am not legally trained but have some experience as CA adviser. MoneyBarn never served a default notice  14 days after the second missed payment.  I suggested that we have a good case when built out of events, correspondence, failure to try to settle, and lots of reasons, and a good case can be built up if we have to go into detail. especially as the defendant has brought the account out of arrears and up-to-date, he now has a small history post coming out of arrears of making timely payments again. The Act aims to achieve this I believe.  My suggestion was a very simple one of they have not followed the correct path laid down, and some of their documentation can be shown to be fraudulently created eg the signed contract can be shown by their own acts to have been falsely constructed.  My idea was a simple, no case to answer, as they have asked the courts to hear a case that they have constructed that is not following the rules. You have to have rules, that is why the act was created and if you can show that the claimant's claim has not followed the rules then it should not have been served. The claimant has a vast history of pushing claims through illegally they were fined £2.7 million by the Financial Ombudsman for their behaviour. The account is in order, the claimant is seeking recovery to profit from it he has shown no intention to try to resolve the case as it is not as profitable as recovery.  I thought a time claim was for time to prepare. Is it a tool to be used to prevent it going to court? If you feel that my suggestion of a simple, "it is not according to the Act" that both parties signed (with a few dodgy manoeuvres by MB) will not work, then I would ask how a time order works and how should I construct one. The defendant has no money to employ a solicitor, let alone a barrister to fight his case, I think it will be me as a lay person who will be asking the Judge to help me in matter of law. I will appreciate your comments, but I have always thought if it is not done right, then it has not been done at all (served),
    • No matter ...my fault for not renumbering
    • Was it hire purchase? We will draft a letter here. Make sure you have taken copies of any documentation including receipts, the five – et cetera. When you return the car, give them the V5 document and inform DVLA immediately that you are no longer the owner of the vehicle. Once you have returned the car you can cancel insurance et cetera. Please give us a list of all the expenses you have incurred in addition to the purchase price. Send a copy of the letter to the dealership and also to the hire purchase company but when you return the car give them also a copy of the letter and a copy of the MOT certificate along with the V5 and any ownership documents. Before you leave the car take photographs inside and outside so there is no dispute as to its condition when you leave it. I hope you now understand why we wanted you to get an MOT.
    • Okay you will have to return the car immediately. I probably ask you before but how far away from the dealership are you?  
    • People also ask What does engine mil inoperative mean on MOT? This is a description they use in the MOT testing manual, It normally means the MIL (engine management light is illuminated when the mot is done and will need to be scanned to check what fault codes are stored in the ECM, If the EML (MIL) light is not working at all then it has possibly had the bulb removed or the bulb ...   Halford should have looked for error codes?  Did they?  Dx
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    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 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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My Wife has an outstanding balance with Quest Debt Recovery, for £238.62 for a debt with Vets 4 Pets Ltd,

 

They have put a County court Judgement on her for the above amount.

 

 

However i am not sure if we are too late or not, but the amount outstanding is disputed.

 

We took our pet to have her annual booster injection, which was taken out by a free offer which we downloaded online, and took into store, at the same time they gave her a kennel cough injection. There was no charge on the day for this and we went away happy, but without any proof whatsoever that she had had the injection completed.

 

We had a second appointment booked for the follow up injection, which in turn was cancelled by them, we rearranged, but unfortunately, had to cancel ours. We then received a few letters of abuse from the owner about the fact that he feels we were avoiding him!

 

We told him that because of his attitude that we would not be returning with the dog for any further injections or care.

 

He then instrusted a solicitor to start court proceedings to recover this money, which in my view is not owed anyway, he is not out of pocket for the work carried out, other than the original injection, we hae no proof that he actually did do the injections, and with the abusive and agressive messages from him, we dont feel we owe the debt, certainly not the £238.62 what a court order was granted for.

 

Really would appreciate any help in this matter.

 

Thanks

Knowledge is Power

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Did you receive a letter before action ? Was this a default judgment(did you not contest the judgment or return the N( form which came with the claim pack?)

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Sorry crossed posts :)

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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sorry, i was not very clear, yes this has been to court, and judgement was awarded in their favour.

 

My wife did put a response back in the claim pack, but has a tendency to bury her head, so didnt contest it enough or in enoigh detail, i believve the points were raised, but have no idea as to what was said about them in court.

Knowledge is Power

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So it sounds like a defence was put in (in writing) but your wife did not attend the court hearing to argue the matter?

 

If that is the case then the Judge can only go on the information in front of him/her and the detail given by those who attend the hearing.

 

If your wife did not attend then the Judge would make a decision based on the evidence presented.

 

I think you will find it nigh on impossible to get this set aside as there doesn't seem to be anything wrong with the process. The time to have argued the points was at the court hearing.

 

Others may disagree but that is my feeling.

 

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Yes if it were a default judgment you may have had a chance but as it stands, i think you would be wasting your time. I would just repay the DCA at XX pounds month, set up a standing order with your bank and ignore the letters, after they have had a few payments they should stop bothering you.

 

Just to add you will have to let them know you are doing this obviously.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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