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    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the and the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
    • Please go back and read my message posted at 10:27 this morning @jk2054. I didn't say that I wasn't going to provide documents, only that I will upload them to an online repo that I am in control of, and that I would share links to these. You shall still be able to read and download them no different from if they were hosted here. And, the issue I have is not so much with hosting, but using an online pdf editor to create a multi-page pdf, again I have discussed this that same message.
    • Thanks ,DX, I'd forgpotton about that letter and can't remember sending a SB letter. I must have left it and they did not chase. Unclebulgia. Yes several periods of no contact. Think its time for the SB letter . 
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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 
      • 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
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Hoist/? claimform - Old Barclaycard 'debt'


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you should get a notice of proposed allocation to the small claims court next mate( a n180)

 

just update when you get it.

 

I'm having a similar experience but I'm a little further ahead, check my thread if you want

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462050-Hoist-Claim-form-old-Barclaycard-debt&p=4903170#post4903170

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  • 2 weeks later...
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Hi

just a quick update

 

got a letter from the courts saying that they had my defence dated the 20th june and a copy is being served to claimant

but not heard anything yet

 

Rob.

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good!

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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they the claimant have 33 days to respond else the claim gets autostayed

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

how accurate are places like clearscore and noddle on clearscore

 

there is a entry for hoist under closed Last updated 7 June 2016

 

but under noddle it says it is open 01/06/2016 and is in Default

 

but it also says that the records are due to update in 11 days ..

 

both are showing the same figure that i have on my POC so it would be the same debt

just wondered why it it was closed under clearscore

 

many thanks

 

rob.

Edited by robaskew
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They are normally about 6 weeks out of sync, what happened last month will be updated the following month

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thanks for the promt reply

 

does that mean this claim is now closed i know i have to sit and wait for court but it would help with sleeping as i not getting much at the moment :(

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how accurate are places like clearscore and noddle on clearscore

 

there is a entry for hoist under closed Last updated 7 June 2016

 

but under noddle it says it is open 01/06/2016 and is in Default

 

but it also says that the records are due to update in 11 days ..

 

both are showing the same figure that i have on my POC so it would be the same debt

just wondered why it it was closed under clearscore

 

many thanks

 

rob.

 

the closed account would be the original debt entry under the OC

the open one, under the name of the debt buyer would still be active

IF the defaulted date has yet to reach 6yrs and then fall off

 

as long as the defaulted date on the robbersway entry is the same as the OC 's one

it is not harming your further.

 

but in any case

what is listed on your cra file

has little or no relevance to a court claim .

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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not sure . i have the

Barclaycard one in closed and the hoist one in closed on clearscore .. still waiting for them to do something on my mcol login as it still my defence is the last update but keeping my head down for the time being

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  • 2 weeks later...

Hi ..

 

what happends if there is no change to the mcol site on friday 22nd which should be 33 days i think . defence posted on the 20th june .. i have had no movement on it or no n180 form

 

just wondered

 

rob.

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There wont be any change on MCOL..until the claimant informs the court they wish to proceed

 

Andy

We could do with some help from you.

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well its good really

as they'll now have to pay more fees to unstay 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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  • 4 weeks later...
There wont be any change on MCOL..until the claimant informs the court they wish to proceed

 

Andy

 

:typing:

We could do with some help from you.

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no its stayed.

 

go get on with you life

 

they might never do anything

claims can be stayed for years

 

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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Andy, a quick procedural question which will hopefully benefit many readers.

 

Where a case is stayed, is there an option for the defendant to have the claim struck out, maybe after a given period of time in order to remove its "limbo" status once and for all?

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No

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

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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Andy, a quick procedural question which will hopefully benefit many readers.

 

Where a case is stayed, is there an option for the defendant to have the claim struck out, maybe after a given period of time in order to remove its "limbo" status once and for all?

 

That is an important question which baffles most posters.....yes a defendant can make application to strike out or proceed a claim if stayed indefinably for a long period but it runs risks....

 

1. It may prompt the claimant to proceed and challenge...you face further costs and risk losing.

2. Always remember a stayed claim is a speculative claim until its actually allocated to track.

3.A stayed claim is also a safe debt...in that it cant be litigated by any other and if stayed for a relativity long period it can help to see it through to statute barred status.

 

But I hear you say ...doesn't the clock stop with regards to Limitations once a claim is issued...well yes in its infancy of the procedure...but the longer its left stayed...the more the claim becomes irrelevant..because...

 

a) no one else can litigate on it

b)Should another litigate on it with the courts permission ..then the issuance of the first claim becomes irrelevant and removes the barring of the clock on the claim.....which by then should be statute barred.

 

 

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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Great post Andy, which can referred to time and again for everybody's benefit

PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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