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    • If you are buying a used car – you need to read this survival guide.
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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.

      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 
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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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Split CCJ Saga - Bryan Carter -> Nationwide -> FOS -> Written Off

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I received a CCJ for £400 from Bryan Carter in January 2008 that I have almost paid in full now.


The actual debt was £8,000 and reading through these forums, I am already anticipating the 2nd CCJ for the same debt. I've read a lot about how this is against the county court rules - is there a definitive wording to put when you contact the courts to make sure it gets set aside? It seems like so many people have this issue, it may be good to get a template together for it.


Also, if this hypothetical CCJ is set aside after they try to chase me for £7,600 - what is the status of the debt then?


1. Can they still chase me privately?

2. How does this debt go on my credit file? (will it be a new debt entry for £7,600 with no default date - or will it go back on the original account, which defaulted in January 2007?)


Any help / advice appreciaed, thank you!

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  • 7 months later...

Brian Carter CCJ'd me for a small percentage of a debt I owed in 2008 - (£400 on an £8,000 debt).


I have now settled the CCJ portion of the debt, and they will be writing to me to arrange a payment schedule for the outstanding amount which wasn't included on the judgement.


Now the judgement is settled, do I have any legal obligation to continue to pay the outstanding amount?


I know I have a moral obligation, but if I start paying off the amount above and beyond the CCJ, do I then become liable for the outstanding amount of the debt?


I have read other similar threads, but I'd rather 'nip this in the bud' now instead of waiting for them to try and CCJ again for the same debt. Any help much appreciated!

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Hi again! I have the CCJ number, date of judgement and amount, and I know who their client is (the guys I owe the money to!).


This is what I have written so far


"Thank you for the Certificate of Satisfaction for (CCJ CASE NUMBER) on account (THEIR ACCOUNT NUMBER).


After seeking advice, I have learned that any outstanding debt is no longer enforceable by yourselves, as you cannot bring more than one claim for the same course of action. I have paid the amount stipulated by the court, and - as far as I am aware - for all legal intents and purposes, this matter is now settled.


Given this situation, which prevents you from taking legal action to persue any outstanding amount, and my inability to pay due to my personal circumstances, I am wondering if you could request that your client closes this matter and writes off any remainder on the account. I feel this solution would save a lot of time and effort on both parts.


Many thanks for your consideration...


Me, etc"


Should I add more legal stuff in there, do you think, or go with this for an opening gambit? Really appreciate your help!

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No forget the 'legal stuff' you have stated the fact and produced the certificate, there is no argument that you are in the right, well done.

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Excellent, that's all that is needed forget the 'legal stuff' it's not needed!!

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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It is unlawful under section 35 County Courts Act 1984 to split one claim into smaller claims, did you manage to get the particulars of claim on the £400 CCJ ???


If carter has not contacted you requesting payment on the balance, why are you grabbing the bull by the tail. Just wait for his letter before action before you do anything

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  • 1 year later...

Hi! You may remember me from such unpopular threads as


Bryan Carter - I Predict a Split CCJ


  • I paid the CCJ in full that Bryan Carter issued for me in January 2008 shortly after posting that.
  • In June 2014 Nationwide started chasing me for the remainder of the debt.
  • In July 2014 Nationwide passed the debt to a debt collection agency.
  • At the end of November 2014, I complained to the FOS about Nationwide's handling of the case saying the debt was unenforcable.
  • Nationwide backed down, wrote off the debt, and offered me £100 in compensation.


NOW - this sounds good yes? I should be all :clap2:


The thing is, the way the FOS response is worded:


Nationwide has explained that due to the passage of time, it is unable to evidence that it

was made clear to you that you would be liable for the outstanding debt. It says that “In line

with policy agreed at the time proceedings were issued for part of the debt only.”


So for other people with a split CCJ be very careful. I've written back and asked my comments to be forwarded to Nationwide & Bryan Carter, but it's not like they'll listen to me.


I wish they had acknowledged that once a CCJ has been issued and settled, any remainder of the debt becomes legally unenforceable, though, if only to save other customers. You can’t have two CCJs for one debt, and you can’t attach ‘conditions’ to a CCJ (“after 7 years have passed we’ll come back and chase you for the same debt again!”) – otherwise a debt would never die.


Frustrating that they’ve worded it how they have. CCJ replaces the original CCA in full, so even if they did allegedly ‘tell me’ I was liable, they’d not be able to do a thing if I challenged it legally (which thankfully you saved me from doing!). How come I know more about the law regarding this than they do..?


Really though, how come I know more about the law regarding this than they do..? Probably thanks to this forum! :D

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Anyone who is faced with a split claim simply needs to respond as follows in their defence...


" Furthermore any claim for partial monies is averred Contrary to s35 of the county court Act 1984 s35 Division of causes of action."


Fortunately it seems to be a practice that is less adopted now...in particularly by Mr C.





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Yeah, I did that Andy - Nationwide still continued to chase me after I sent them the letter.


You have already issued a CCJ for this debt , and the CCJ is now settled. As you know, you cannot go to court twice for the same debt: “It is an offence under section 35 of the County Courts Act to bring more than one claim for the same cause of action” – therefore this debt is not enforceable.


Anyone in this situation needs to stick FIRMLY to their guns.


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