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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
    • quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
    • If it doesn’t sell easily : what they can get at an auction becomes fair market price, which may not realise what you are hoping.
    • Thank you. The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why?  Fair market value seems to be ever shifting and contentious.
    • Hungary is attempting to be a world power in manufacturing electric vehicle batteries, despite locals' reservations.View the full article
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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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Has anybody at any stage challenged the Sale of Debts to a DCA,

 

 

if the seller is prepared to sell a debt at a specific price why should the debtor not be offered to buy the debt at this price first????

 

 

I am aware most debts are sold in bulk and that there are different layers involved such as a debt being sold where payments are being made

 

 

,then another example debts sold where no payments have been made for a period of time they attract different selling prices,JUST A THOUGHT

 

FS

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As the original debtor was in a position to deal with the debt but didnt there is no incentive to either cancel the debt or to accept an offer from them.

 

 

The selling of a debt happens because it is a bad debt, it creates a hit on the accounts of the company but selling it raises some money.

 

 

The company buying it know that they have little chance of collecting all of the debt so only pay what they see as being a fair bet on collecting some of the value of the debts purchased.

 

 

it is a bit like insurance actuaries looking at life policies,

they know the previous form of the person and use this info to calculate their risks.

 

No incentive for the original creditor to accept a low redemption amount from the debtor or everyone would just not pay their dues and expect to be offered freedom for 10% of what they owe.

 

Anyway, it is not a dca as such who buy debts, they just chase them for other people.

 

 

Dont confuse the 2 different markets.

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Sorry I meant Debt Purchaser, not DCA,

 

Thanks for your comments

 

FS

 

One and the same in reality but a few are bigger than others which enable them to buy debts..but there still DCAs...because they will never be creditors in their own right.....

 

Andy

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  • 6 months later...

the seller of the debt has to send you a letter of assignment saying who now owns the debt. Usually the debt buyer sends the letter using the original creditors letterhead as they tend to buy a parcel of debts.

What many people do is ask for a copy of the deed of assignment, which you are not entitled to see as that is a B2B confidential matter.

No letter of assignment and as far as the debtor is concerned the debt is still to the original creditor.

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Yes, the NOA is almost always in the same envelope of the assignee, although printed with different letterhead, the paper and font is the same.

 

However, if the DCA refers to ''their client'' then it hasn't been sold on, and payments should still go to the OC, if they do indeed merit paying.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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