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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.

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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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Advice on statute barring please.


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I got into debt some years ago and managed to sort out most of my debts bar one.

 

Recently I have been contacted by a debt recovery agency who are trying to recover the debt.

 

I have had no contact nor made any payments on the debt since April 2007

 

so presumed the debt to be statute barred.

 

However, I then went onto one of the credit reference sites to check my credit records

only to find that the default date listed for the debt was in fact June 2008.

 

How can this be possible and is the time of the debt measured by my last contact or by the default date on my records.

 

Any information to clarify this would be gratefully appreciated.

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there is no direct link

between Default date and SB date

 

typically a debt should be defaulted within

6mts of last payment.

 

the debt will remain on your cra file

till the defaults 6th birthday

 

name names 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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Sb is 6 years from the date of last payment or written acknowledgement of the debt in your case

Cra file has no bearing on the date as the entry can be made 6+ months after.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I got into debt some years ago and managed to sort out most of my debts bar one.

 

Recently I have been contacted by a debt recovery agency who are trying to recover the debt.

 

I have had no contact nor made any payments on the debt since April 2007

 

so presumed the debt to be statute barred.

 

However, I then went onto one of the credit reference sites to check my credit records

only to find that the default date listed for the debt was in fact June 2008.

 

How can this be possible and is the time of the debt measured by my last contact or by the default date on my records.

 

Any information to clarify this would be gratefully appreciated.

 

The default date and the date a debt becomes statute barred ARE NOT interchangeable.

 

A default may remain on file after the debt becomes statute barred, i.e. until as dx said the 6th anniversary of the default.

 

Stat barred = 6 clear years with no payment or unequivocal written acknowledgment of the debt:= the date a payment was due and not made after which no further payment was ever made.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks for the rapid replies. So what you are saying is that the debt is statute barred regardless of the default date on the credit reference agency?

As far as naming names DX, the debt is due to Cabot Financial and the debt collection agency who have recently contacted me are CCS collect.

They sent me a letter a couple of weeks ago asking me to get in touch concerning a business matter if I was the person named in the letter. I ignored this, then today got a letter saying they were representing Cabot and would accept half of the due debt as settlement.

Should I just continue to ignore them?

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They will have no idea the debt is/could be stat barred.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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