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    • Followed up with letter which is no surprise as I’m easy to find via electoral roll. Letter says we have been asked to recover from you on behalf f our client in Middle East x amount. if you believe you are not liable please contact us - yeah right! If you wish to make payment here are our client bank details which look genuine and relate directly to a Dubai bank. ” if you don’t engage our client may take further action” etc blah blah blah. its the same type phrases used by CWD/IDRWW/IDR etc…..   I ignored the email, blocked the text number and will wait to see if I receive any formal action via Mail but seems like the same tactic I’ve seen for 10 years plus and I’ve ignored all. just for people’s info
    • Hi. I expect the experts will be along later to advise you. In the meantime, I've amended your thread title to show the car park name and location. HB
    • i can instruct my gof to sit, but if it does is an entirely diff matter. WL are acting here as a DCA and are not the OWNER of the debt, lowells are, so jog on WL... until very very recent we've never seen lowells raise a scottish claim Lowell/Shoes SPC Claim Forfar Sheriff Court - Old Newday Credit Card. - Scotland Financial Legal Issues - Consumer Action Group  
    • Visiting scotland I came across a car park at The Falls of Shin operated by Civil Enforcement Limited. The car park requires visitors to pay using the awful Phone and Pay app or over the phone using an eqully terrible automated service. Their signs state a time limit of 10 minutes after arriving to pay, and both methods require needlessly lengthy registration process only for payment to be rejected when attempting to pay by both. The Cafe were able to offer us some assistance and register our vehicle so hopefully we sould avoid a fine but this seems like entrapment and would still stop us returning again. How is this legal without giving visitors the option to pay on site?
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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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    • 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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Consumer credit debt under Charging Order sold on - next steps?


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  • 4 years later...

A charging order was made a few years ago against my property for a sum of around £7.5K

which was originally owed to a vehicle finance company and is consumer credit.

I've been repaying it in small monthly amounts under the arrangements post-CCJ.

 

I've now been informed by a different DCA that the debt has been sold on to them.

I received nothing about this from the original finance company or their lawyers.

 

It seems like a strange situation to me as the Charging Order is made out to the original finance company.

If I tried to sell the house, presumably legally speaking I would still owe them the money,

yet according to this second DCA, I now owe it to them.

 

Can anyone advise on what I should do to clarify the situation please?

 

thanks!

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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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merged for history.

 

 

they would need to the entry on land reg to their name to demand money.

 

 

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

merged for history.

 

 

they would need to the entry on land reg to their name to demand money.

 

 

dx

 

Sorry, I'm not sure what you mean. The original DCA still have the charging order. Therefore even if I pay the new DCA off, the original DCA can surely still get the money too as they will still have the order?

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Have you actually checked the LR since the judgment debt was assigned that it is still registered to the original DCA ?You will have to make arrangements to switch your payments to the new owner if they have not already done it.

 

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

 

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The Land Registry

 

Oh I see. No I haven't checked that yet, I will though. I'm quite sure nothing will have been done though.

 

In the event that it hasn't, can I simply send in a CN1 and ask the Land Registry to remove the order on the basis that the original registered claimant is no longer owed the money as they have sold the debt on?

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not MKDP/hoist/robbersway is 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

Oh I see. No I haven't checked that yet, I will though. I'm quite sure nothing will have been done though.

 

In the event that it hasn't, can I simply send in a CN1 and ask the Land Registry to remove the order on the basis that the original registered claimant is no longer owed the money as they have sold the debt on?

 

No...the charge still stands and secures the CCJ...makes no odds who now owns it.

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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can we have the names please then?

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

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