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    • Hi All I know this a long shot but ha anyone got any advice please? Nearly three years ago (maybe more) my ex took a contract out for a new phone for my birthday that I ended up paying the bills on (lovely present huh) I have always paid the bill for this. The phone number that I have had for most of my adult life was passed over to this contract and I am old now haha We are now divorced and have not been in contact  - he is abusive and I have nothing to do with him. I cannot enter into any dialogue with him whatsoever. I have continued with my phone contract and number etc but am stuck - I have no access to my bills even though they come out of my account - as the contract is in his name I cannot get a pac code to move therefore I will lose my number if I cancel- sky just quote data protection at me which I get but this is soooo frustrating!!!! I know that the sensible thing would have been to just l cancel the dd lose the number get another contract elsewhere and get over myself and move on but I am just asking out there as a final desperate attempt - can anything whatsoever be done??? Thank you in advance :)
    • What's your intent, or interest? I can't see that you have any cause of action regarding bills issued by one third party to another third party. Is the idea to use this as a lever "I'll denounce you to HMRC unless you do blah blah .." That might in fact have no teeth anyway, HMRC will aware of the company's turnover via their other tax affairs.  As a matter of fact a company buying VAT rated supplies and selling to VAT registered customers is actually worse off if not VAT registered themselves. Has your court case reached it's conclusion yet?
    • Hello, welcome to CAG.  I expect people will be along to advise later. We aren't here to mock, this is a serious forum. If you feel you're being picked on  report the relevant post to the site team.  Best, HB
    • no that is not a defence. because you don't have a photo
    • I purchased the vehicle using finance through motonovo under a HP 60 months agreement. I have now amended the document ensuring all is in black. Unfortunately, this email has now been sent. However, I have not sent a letter to big motoring world. Also, I have taken the section of the firealarm issue. I am struggling to convert to PDF. I am not tech savy at all. My mistake was that the the salesman was very fussy on a sale. We went down a quiet road for a little test drive and not for a lengthy road test. The water issue was not present at this moment of time. However, it only became prevalent after driving away, after all docs signed. I did stated to Audi I wanted a diagnostic report. However, they carried out an Audicam which is footage of the issue. Audi have diagnosed the issue as a common issue where coupes/cabriolets accumulate water in the seals. However, I did state beforehand for no issue to be rectified due to me wanting to reject the vehicle. I am awaiting a report from Audi through email from the branch manager in relation to the issue. The issue so far is the water still being present in the sills. Audi tried to fix the issue however the problem is still prevalent. Regards 
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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.

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      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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Backdoor HPH2 CCJ - Aqua Credit Card now AEO/N56


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Hi - yes the address is not one of my addresses.

 

Since moving to UK in 2000 from Zimbabwe we have lived at 3 addresses,

if you look on the electoral role you will see that the addresses all add up

(ie moving from one to the next)

 

also how long I have been on electoral role,

1st address was 4 years,

2nd address was 4 years and

current address 8 years.

 

Moved from my 2nd address in June 07 and was added on at my new address in June 2007. This info is also on my credit file.

 

They said I was at the address on the CCJ in 2014 but you can see from all the info that I was at my current address

(I have also contacted Equifax and Experian to dispute this info but have not heard back from them yet).

I have no idea how they managed to get the address, there is no linked address on my credit with that address.

 

Does that explain and is it enough to get it set aside.

They did say they would investigate,

if thats the case will they explain why Experian used the wrong address

or should I case the credit agencies to find out what has happened.

 

Would they not have had to give me copies of the documents they submitted to County Court as well to get the CCJ issued

or can they just go ahead without letting me have the info.

 

What I am talking about is the blue form you get prior to CCJ being issued.(N1 CPC)

or how would they notify me that CCJ was about to be issued?

 

Does that make sense?

 

Sharon

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a bit clearer

 

you will still need a credible defence to defend the original claim.

even if the address issue, which appears to point toward a set aside.

 

so

onto the debt itself...

why do you think you did not owe the money on the aqua card?

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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Hi - was having financial problems and was not using the card

it just kept going up due to charges and interest not due to spending.

Was trying to get charges etc back.

 

What would've happened if I had not seen the ccj on my credit report, how would it have been enforced?

 

Just a thought

if I wrote to the people at that address and asked them if they had received any mail for me at the address what they did with it,

they may have done a return to sender - not at this address (thats what I do), or maybe something to say that I had never lived at that address.

 

Should I write to Robinson Way and get copies of my file?

 

Sharon

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you have a pm please read it

 

 

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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Share on other sites

Hi - was having financial problems and was not using the card

it just kept going up due to charges and interest not due to spending.

Was trying to get charges etc back.

 

What would've happened if I had not seen the ccj on my credit report, how would it have been enforced?

 

Just a thought

if I wrote to the people at that address and asked them if they had received any mail for me at the address what they did with it,

they may have done a return to sender - not at this address (thats what I do), or maybe something to say that I had never lived at that address.

 

Should I write to Robinson Way and get copies of my file?

 

Sharon

 

 

you would still need a defence for the debt.

if the CCJ was to be set aside

it would take it back to the issuance of the claim.

so thus you'd need a defence of why you didn't pay the debt.

 

 

was this a Halifax aqua or newday card or from whom.

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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Its not on my credit report,

I was unaware that it had been handed over or CCJ was to be issued otherwise would've made contact.

 

 

It was being disputed due to excessive charges.

 

 

I have just checked my statutory report for Equifax

and there is a reference there for the wrong address for Hoist Portfolio

with the first date being 13/12/05 which if it is the Aqua card is when I think I may have got the credit card.

 

What would happen if I had not checked my credit file?

 

 

I would still be unaware of the CCJ and it would not get paid either?

 

 

All I want is to have it removed from my credit report a

nd then see what information they have so that I can dispute etc.

Sharon

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best await the info from the claimant then.

 

 

it wont be £1800 of penalty charges mind.

 

 

so still cant see a valid 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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poss never.

esp if they know it was a backdoor CCJ.

 

 

but if any bailiffs be them court or HCEO

have no power of entry on a civil debt

and can be told to go away.

 

 

TBH never heard of hoist doing that ever.

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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https://www.moneyclaimsuk.co.uk/post-judgment-enforcement.aspx

 

Possible options for the claimant to enforce the Judgment

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

 

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  • 3 weeks later...

HELP - I have today received a notice of application for attachment of earnings order

 

In August a CCJ was taken out but at the wrong address (one that I have never lived at, you can see on my voters role that I have never lived there).

 

 

Contacted the lawyers for details and they said they would not cancel it and would find out from creditor what to do.

They also said they would send me copies of the paperwork to the right address, which I not yet received.

 

 

I still do not know who the debt is for just the creditor who is Hoist Portfolio and the lawyers are Howard Cohen.

They also said they would find out why it was sent to the wrong address. I have now also disputed this address on my credit file.

 

What do I do now as I cannot pay it and I do not want my employers to find out, can I do a N244.

 

I take it I have to fill the attachment of earnings forms and return it can I also send an explanation in why I have not paid it.

 

 

How can I pay a judgement if it was sent to the wrong address?

Help as I know time is a factor now.

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You fell victim to the usual backwater DCA and rent a hire sol's tricks, and some of the info in this thread towards you is pretty concerning.

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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You must complete and return the N56 within 8 days otherwise there can be serious consequences Persha.Go to section 10 of the form and tick to suspend it stating your reasons.

Then complete an N244 to set a side the judgment and submit to the court that issued the CCJ (also state within section 10 that you have made application to set a side)

 

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

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Thanks Andy - can I submit a copy of the email from Croydon County Court which has a copy of the CCJ with wrong address on with the N56. The form they send me by post is an N55, do I keep that so also send it back. On the section 10 it asks for a figure for an offer of payment, should I put one in or leave it blank?

With the N244 can it be posted or do I have to take it in?

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Hi Andy - also as I got it today saturday will the 8 days be working days. Date on the order is 8th so I have to get it in by 20th. Also should I send it back recorded/signed for or do I need to take it to the court.

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Yes its 8 working days...keep the N56 simple...tick box 10 to suspend and simply state in the process of setting a side the judgment in connection to this order....end.It should have instruction of where to return it.

 

Save all evidence and attachments for the set a side application.

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

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Thanks Andy - do you think its worthwhile contacting the solicitors.

 

 

I did originally which may have been a mistake as they now know that the address they used was wrong.

 

 

Just a query if the courts send the ccj to the wrong address and have now sent an attachment of earnings to my right address

saying I have ignored previous requests (not true as did not get any court papers whatsoever or have the opportunity to respond),

 

 

do you think the lawyers contacted them giving them the current address (which I have been at for the last 8 years and which the lawyers did have on file)

or would it have been the courts changing the address.

 

 

Can I ask the lawyers if they contacted the court with correct address, I am just asking as that would also be proof that they have used the wrong address.

 

 

They lawyers did say they would be sending me notice of assignments etc but to date have not received anything.

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Right or wrong address is not the issue...if its not your debt that is the basis of the set a side.

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

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But if it is mine how can I respond if they have sent the papers to the wrong address.

 

 

If I had received notice from the creditor I would not have let it go that far and at least organised a payment plan.

 

 

Gone down the SAR route etc but did not have the opportunity to do so.

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If it was a DCA that got the CCJ, they wouldnt care if you were in a repayment plan. Theyd still file a court claim regardless just to screw you over.

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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normal post

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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  • 2 weeks later...

Good news (I hope)

got the attached letter in the post today saying application has been dismissed.

Does that mean it will also be taken off my credit report.

 

 

I just sent back the attachment of earnings letter as per your advice andyorch (#41).

 

 

What happens next?

Will they re-apply?

Also I have not done the N244 yet for financial reason waiting till I get paid should I still do it?

Also got a reply from Experian as follows:

 

I'm writing in relation to your recent query with:

*Avon Cosmetics Limited address link dated 11/03/12.

I'm pleased to tell you that I'm deleting this information from your credit report,

and our standard dispute statement will also be removed along with it.

This will take up to seven days to take effect.

 

To see this change, you may wish to look at an up to date copy of your credit report,

but please allow time for the change to take effect before doing so.

 

Just trying to get it sorted with Equifax but unless you are a member you cannot do it over the phone

and have to go on some question website which is a bit of a mission.

 

Cannot thank everyone enough for your advice and am over the moon that I have got a positive response and the DCA has not won.

 

Sharon

Dismissal Letter.pdf

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Good news re the AoE but the CCJ still stands and will still show on the CRAS,s and CCJ trust until you set it a side.

 

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

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Thanks Andy - so I still need to the do the N244?

 

 

Was not to sure if the where it said "dismissed" if this was the whole CCJ or just the attachment of earnings.

 

Can I send the N244 in online

- reason being my dad is being treated for cancer

and we are all over the place sorting out support

so don't have much time for myself at the moment.

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