Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

Continous Applications to Court for me to attend, why?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3637 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Not sure I have posted this in the right place but I have a question I hope someone can answer!!

 

An old debt originally for around £750.

 

Sold to a small company who have added interest and escallated it to around £2750 with bogus call out charges, find charges.

 

Court said pay,

I've said cant as do not have the money.

 

This time last year court appearance infront of judge who told the creditor to set the bailiffs on me.

Heard nothing more.

 

late last year had to go for questioning about my finances for this debt.

 

Showed letter that confirmed behind in mortage, electric bills and she (court lady) suggested offering £5 a month which I did on the form.

Heard nothing.

 

Now letter to go back to court infront of judge.

I'm not really sure quite what the creditor is trying to prove.

I am thinking to SAR the court?

Just to find out exactly what has been recorded/

 

This guy has been chasing me for years and it really feels like harressment.

 

I feel that there is nothing I can do!!!!

 

Any suggestions please.

 

Many thanks :!:

Link to post
Share on other sites

If they have a judgment against you then they can continue to ask the court to look at your finances.

 

Have you been making any payments toward the judgment debt?

 

Did you not challenge the charges / add ons when it first went to court ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Never heard of anyone sending a SAR to the court.

 

Not entirely sure if a court would have to comply but would need to look into it.

 

I have found a web page from the Dept of Justice that gives a specific form to use but I'm not sure either! Anyone know?

 

Heres the link https://www.justice.gov.uk/information-access-rights/foi-requests/make-an-foi-request-online

 

Might be of use?

Link to post
Share on other sites

If they have a judgment against you then they can continue to ask the court to look at your finances.

 

Have you been making any payments toward the judgment debt?

 

Did you not challenge the charges / add ons when it first went to court ?

 

Yes I did challenge the charges but I dont think the judge even looked as I was late doing it. It seems rediculous to just keep pulling me back into court every 6 months!

 

I havent made any payments. I heard nothing after the offer made. There was another occasion, probably at the beginning of last year where another offer was made and heard nothing.

Link to post
Share on other sites

If you have not made any payments...keep going to court at their expense...make your £5 offer....they probably wont agree and wont collect and soon the judgment will be Statute Barred if it exceeds 6 years.

 

Muppets.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

If you have not made any payments...keep going to court at their expense...make your £5 offer....they probably wont agree and wont collect and soon the judgment will be Statute Barred if it exceeds 6 years.

 

Muppets.

 

Andy

 

This is so interesting! He bought the debt in2005/6 and has been chasing it since then? If you are right..... but why do the court keep accepting him dragging me back to court? Are they muppets too? Sorry to say that! But everytime he takes me back for questioning, he adds money to the debt?

Link to post
Share on other sites

No there not muppets they just keep taking payment for applications/hearings...up to the creditor how much they wish to throw at the debt.

 

He may be adding it but the judgment amount wont change:wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

No there not muppets they just keep taking payment for applications/hearings...up to the creditor how much they wish to throw at the debt.

 

He may be adding it but the judgment amount wont change:wink:

 

Hi andyorch and thank you.

 

I have tried to google being satuate barred

 

but I am getting the impression he is totally in his right to keep dragging me back to court every six months, as he doing,

and there is nothing I can do about it.

 

The court wont stop him as they get paid.

But I have to wonder if it comes into harressment.

 

He has been chasing me for this for 7/8 years! It is just ridiculous!!!!!

 

My husband and I run our own business but the debt is to me, not the business,

infact we didnt have the business then, or the property.

 

I dont draw a salary as such and we certainly dont make a fortune.

 

Infact, with the recession, we have just managed to stay afloat.

 

But he seems to think I am minted!

 

He is very wrong!

Link to post
Share on other sites

If the claimant has not " executed the judgment " within 6 years then their judgement becomes statute barred... as the judgment replaced the debt in effect the debt as also become Statute Barred.

 

Section 24 of the Limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

 

I would raise the issue with DJ if the judgment has expired as to why he is allowed to keep adding to the debt having had ample time to secure the debt by other means.He has ignored the courts advice re Bailiffs he has refused your offered payments.....perhaps he thinks he can inflate the value by this prolonged

action and as you state is now verging on harassment.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

If the claimant has not " executed the judgment " within 6 years then their judgement becomes statute barred... as the judgment replaced the debt in effect the debt as also become Statute Barred.

 

Section 24 of the Limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

I would raise the issue with DJ if the judgment has expired as to why he is allowed to keep adding to the debt having had ample time to secure the debt by other means.He has ignored the courts advice re Bailiffs he has refused your offered payments.....perhaps he thinks he can inflate the value by this prolonged

action and as you state is now verging on harassment.

 

Regards

 

Andy

 

Thank you Andy!

 

I went on to some website to find out about the judgement. It's there!

 

He bought the debt in October 2006 and got a judgement on 20 April 2011!

 

At that time the debt was £2,112.

 

With the continous back to court to check my finances,

 

it is now £2,743.34 so he has added £631! :mad2:

 

The original debt was £750.

 

I do have a horrible feeling there is nothing I can do!

 

I read another post that said what happens in the courts is not always what is supposed to be happening.

 

Wish they had said more what they meant! :???:

Link to post
Share on other sites

It would be interesting and possibly helpful to know how this debt arose and the name of the "small company" that is handling it.

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:

Link to post
Share on other sites

Okay so the judgment is still in its infancy...disregard the above.

 

You keep referring to the claimant as " he " is this an individual?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

It would be interesting and possibly helpful to know how this debt arose and the name of the "small company" that is handling it.

 

Hi Brigadier! You helped me with this back in December 2011. We pm'd a lot? I'm sure you deal with so many you may not remember. I'll pm the name of the company and individual, one and the same really. Hope you are well!

Link to post
Share on other sites

Hi Brigadier! You helped me with this back in December 2011. We pm'd a lot? I'm sure you deal with so many you may not remember. I'll pm the name of the company and individual, one and the same really. Hope you are well!
.

 

 

Ok squirrel got the message I know of him now you reminded me, a close friend in the area he operates in has had trouble with him for a non existent debt he is persistent if nothing else!!

To save time has he taken any enforcement action, instructed bailiffs to enforce a warrant for instance?

 

 

I've seen him off with a letter for my friend earlier this year.

 

 

Brig.

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:

Link to post
Share on other sites

Ok the " paper" you wrote and sent to the court should have been on the correct form and accompanied by the correct fee at the time I think this was £80.00, was there any reply from the court on this please.

 

 

Brig.

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:

Link to post
Share on other sites

Ok the " paper" you wrote and sent to the court should have been on the correct form and accompanied by the correct fee at the time I think this was £80.00, was there any reply from the court on this please.

 

 

Brig.

 

Um, no. I think I did pay something, not £80. Was cash! But nothing about correct form? Think they did send me a letter confirming the payment. Where is it, is the question!

Link to post
Share on other sites

Um, no. I think I did pay something, not £80. Was cash! But nothing about correct form? Think they did send me a letter confirming the payment. Where is it, is the question!

Did you pay the court or our 0ne man band DCA?

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:

Link to post
Share on other sites

I delivered the "paper" by hand to the court with an envelope enclosed with cash, I think is was £40.

Ok that would be an application for "set aside without a hearing", what was the outcome of this please?

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:

Link to post
Share on other sites

Ok that would be an application for "set aside without a hearing", what was the outcome of this please?

 

I had to go to court (May last year) and this is when the judge told me I had wasted my time writing the "paper" as I was out of time, too late.

 

He told you know who to pursue me with bailiffs. He said he had already started doing that but then nothing more happened

until I then recieved a letter to attend court for questioning about my finances with a court clerk in December last year.

 

"He" tried to be in the room and I refused to discuss anything infront of him and he was told to leave.

 

This is when I offered £5 a month and then heard nothing more until recently to attend again infront of a judge again.

 

Does that make sense?

Link to post
Share on other sites

Just out of interest, I spoke to the FSA who knew the name!

 

Below is what FSA wrote to me after conversation.

"My main area of confusion is asyou explained, our member continues to the go to the courts to have the amountreviewed. As you financial situation has remained the same, the £5 a month hasremained. It may be worthwhile raising a complaint with our member why theapplications to court are continuing to be made when direct contact could bemade to assess income and expenditure. I will send a copy of ourcomplaint documents."

:jaw:

Link to post
Share on other sites

I had to go to court (May last year) and this is when the judge told me I had wasted my time writing the "paper" as I was out of time, too late basically. He told you know who to pursue me with bailiffs. &^%$ face said he had already started doing that but then nothing more happened until I then recieved a letter to attend court for questioning about my finances with a court clerk in December last year. "He" tried to be in the room and I refused to discuss anything infront of him and he was told to leave. This is when I offered £5 a month and then heard nothing more until recently to attend again infront of a judge again. Does that make sense?

 

 

To be perfectly honest none of what this idiot does makes any sense from what you have said and what my friend experienced.

 

 

Not surprised the judge disallowed the attempt at set aside, do you see the same judge on each occasion.

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:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...