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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.  

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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.

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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.
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      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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Will my name appear on Court Listings?


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Hi all,

 

I'll keep it short.

 

I have a DCA chasing me for a debt from just less than 6 years ago.

 

I received the papers from Northampton and sent in a defence and it looks like it's going to court.

 

I would be mortified if my friends and family found out i was having to deal with issues this way

- will my name appear in local newspapers/on the internet?

 

I receive the local paper and quite often they list the criminal cases and outcomes at the magistrates court

but never seemingly the debt related stuff..

.can anyone tell me if this sort of information is available/easy for people to find?

 

Also the original creditor and dca have been sending correspondence to the wrong address.

I have correspondence from them back in the day proving they did have the right address

however everything they have sent me has gone astray.

 

The only reason i know about the court case is that it was re-directed whereas most innocuous looking stuff is returned to sender/binned etc.

 

If i haven't been receiving their correspondence due to an incorrect address

and it is their error does it matter that they show that they sent it, i.e. is it a defence?

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If they have your correct address but have been sending it elsewhere, then you can certainly raise this issue. Did they issue the claim at the wrong address ?

 

If you hadnt received it and a judgment was awarded in default, then I think you would have been able to get it set aside fairly easily.

 

I am pretty sure that only bankruptcies are mentioned in the local newspaper.

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It's a block of flats and unless it's addressed correctly it ends up through a communal door,

i don't have access to that communal door whatsoever as i am in a different block altogether.

 

All of their correspondence (checked with SAR) has gone through that communal door including the court docs..

.it's not a particularly nice area so noone ever brings around the post

but because this said court services a good natured neighbour (nosy neighbour) opened it and tracked me down.

 

It's bad enough they know but i don't want everyone knowing.

 

I've honestly had no correspondence about this for goodness know how many years but the last payment was 5yrs

and 11mths ago at the time the court docs were issued.

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Hi all,

 

I'll keep it short. I have a DCA chasing me for a debt from just less than 6 years ago. I received the papers from Northampton and sent in a defence and it looks like it's going to court.

 

I would be mortified if my friends and family found out i was having to deal with issues this way - will my name appear in local newspapers/on the internet? I receive the local paper and quite often they list the criminal cases and outcomes at the magistrates court but never seemingly the debt related stuff...can anyone tell me if this sort of information is available/easy for people to find?

 

Also the original creditor and dca have been sending correspondence to the wrong address. I have correspondence from them back in the day proving they did have the right address however everything they have sent me has gone astray. The only reason i know about the court case is that it was re-directed whereas most innocuous looking stuff is returned to sender/binned etc.

 

If i haven't been receiving their correspondence due to an incorrect address and it is their error does it matter that they show that they sent it, i.e. is it a defence?

 

Doesn't look to me like you have a defence based on what you've said.

 

You seem to be concerned with what other people will think?

 

You hope that moving and them not getting your updated address even though you have moved

and are getting the mail might be a defence?

 

The answer is No,

 

its not a defence.

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if they can prove the OC or the DCa knew and had used the correct address already

then sending a claimform to another address is a defence.

 

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, it's not a defence to the claim in any event. Even if they have to reserve the documents that's as far as the address issue will take the OP, although he's obviously replied to the claim because he says a defence has been filed.

 

As for publicity, your name will not be published anywhere save for the actual list at court that day so unless someone happens to be in court and look at it they'll never know.

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