Jump to content


  • Tweets

  • Posts

    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
    • Post #9 suggested some options to avoid or put off having a smart meter. Post #12 a simple solution to your complaint about the ay they handle fixed monthly DD. It's not really clear why you posted if you're going get irate when members "jump in" with suggestions. You can see what I'm referring to on "gasracker.uk" to allay your suspicion that I was lying in Post #16 which was made to correct ther misinformation shown in your Post #15
    • Back to octopus from the smart meter/tariff salesperson. Octopus have now said just ignore the letter - I dont have to have one despite there letter implying (at least) it was required, but that i will HAVE to have a smart meter if current meters stop working as 'their suppliers dont supply non smart meters any more'. They also say they do not/will not disable any smart functionality when they fit a smart meter I am of course going to challenge that. Thats their choice of meter fitter/supplier problem not mine
  • Recommended Topics

  • 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
  • Recommended Topics

Link CCJ for old GE Loan whilst abroad - Set asside- now have to write a defence


Tilda
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3093 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

Hi people.

 

I emigrated to Ozz 3 years ago

 

 

in my absense Link Financial obtained a CCJ over an old disputed British Gas

originally finaced by GE money. Link bought the debt from GE.

 

The dispute was over the interest rate charged by GE money for the boiler.

In essence I did no sign the credit agreement.

 

The CCJ was issued on my old UK address. Today the court have agreed to set it aside,

in a telephone hearing which is great, but have instructed me to write a defence letter to Link and also the Court,

 

I acknowledged to the Court that I owe money for the Gas boiler.

 

I am confused as to what to write especially as link have said that due to commercial reasons they will no longer be pursuing the debt

. Will the CCJ still stand or is it dependent on my defence letter?

 

Love some sane advice...Thnaks

Link to post
Share on other sites

Have you got it in writing that link the original claimant will not pursue further

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... 

Link to post
Share on other sites

Hi dx, yes I do.

 

 

the judge also had this in evidence I sent to the Court for the hearing.

 

 

The exact wording was ''we have made a commercial decision to cease all further recovery action on the account''

Link to post
Share on other sites

then that's your defence

 

 

nothing to defend m'lud

 

 

please refer to the enclosed letter

the claimant has ceased all actions.

 

 

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... 

Link to post
Share on other sites

Thanks dx.

 

The only thing confusing me is if the judge had this inforamtion in front of him, why do I have to file a defence?

 

Assume that the CCJ will be removed anyway

 

Thanks....

Link to post
Share on other sites

have you a copy of the claimform or the poc they submitted?

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... 

Link to post
Share on other sites

Hi dx thanks for getting back.

 

 

Unfortunately not as I am in Australia.

 

 

The judge read it out to me, but it only really cited the fact that they doubted that I lived in Australia when the CCJ was lodged 09/10/13.

 

The evidence that I sent in writing to the court proving my Australian residency and dates of entry into the country

was enough to satisfy the judge that the CCJ should be set aside.

 

I will call the court Friday morning for guidance.

 

Thanks...

Link to post
Share on other sites

I would assume you need to write a defence to counter the original claim

so whilst on the phone get that

verbatim would be nice.

might be an idea to record the call

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... 

Link to post
Share on other sites

You must submit a defence as the claim is proceeding.....only the initial judgment has been set a side....it now starts over.

 

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

Hi dx and Andy,

Really appreciate your advice. So my defence must refer to the original debt only, and why it has not been paid? Link have written to me telling me that they will 'cease all recovery action on the account' so do I ask them who I should contact in order to get this cleared up? eg GE Money, who sold the debt to Link?

Thanks

Link to post
Share on other sites

No ...deal with the claim...get the a copy of the initial claim...submit your defence by the stated date.

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

Hi Andy, sorry if i come across as a little simple! So write to Link [ and copy the court] saying that judgement has been set aside, and defend my reasons for non payment? Even if they have stated that they will not be taking any further recovery action?

 

Or just send them the papers I sent to the court that supported my successful action to get the CCJ set aside?

 

Thanks...again!

Link to post
Share on other sites

No need to write to Plink at all...they will be fully aware its been set a side...deal with the court only.

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

mmm ok but the judge asked me to write to Link and copy the court!

 

They mean send a copy of your defence to them...not write to them

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

Ok so...[.am I driving you nuts yet!] write to the Court with my defense referring only to the CCJ and copy Link?

Or do i write a defense as to why the debt went unpaid ?

 

THANKS...

Link to post
Share on other sites

you will need to write a defence to respond to the POC on the claimform.

 

 

so get that, post it here verbatim if you wish

minus pers details

 

 

then we'll point you to a suitable defence to use/adapt.

 

 

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... 

Link to post
Share on other sites

Ok so...[.am I driving you nuts yet!] write to the Court with my defense referring only to the CCJ and copy Link?

Or do i write a defense as to why the debt went unpaid ?

 

THANKS...

 

Do you think they make these things deliberately confusing? I'm not simple either, but court procedure just leaves me completely baffled..:-x

Link to post
Share on other sites

If judge has set-aside judgment and reverted the process to the claim issued stage and now awaiting your defence to the initial claim, If claimant has confirmed they are no longer pursuing then I think the easiest thing would be to ask them to file & serve a Notice of Discontinuance (form N297) otherwise you'll have to proceed as normal and stick to any dates given.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...