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    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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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.  

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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.

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      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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UKCPS ANPR PCN - Bristol Abbeywood BR005XX - NTK received.


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if they are suing you as the keeper ( who else as they dont know who was driving or they wouldnt need to go running to the DVLA for your details) then different paragraphs of the POFA apply and that menas only the amount originally chargesd is legal

 

So if defending as keeper, this would be something to highlight to the judge as being a crock of the proverbial then? ;)
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Thanks for all of the advice so far Caggers.

 

I have another letter in the threatogram chain.

 

This one appears to be DRP in drag as Zenith collections.

I will ignore again.

I wonder if they will actually bother with court or if that will be it now.

Either way, redacted version attached for laughs.

letter 7 redacted.pdf

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You'll be due at least one more threatogram from the Desperate Recovery + dress up box.

 

Then it'll probably be "from" (but not really), SCS Law or Gladrags as each of those operate a 'rent a letterhead' scheme. Against SRA rules but they don't seem to care about that and take the attitude of "we don't need no stinking rules!". But then, the SRA don't seem to give a hoot either, so why would they care?

 

You'll know that it's still from DR+ if it tells you to pay DR+, if it was really from SCS or Gladrags you'd be paying them because they'll want their slice of your money that you don't really owe :lol:

 

 

If they do decide to 'make an example of you' and issue a claim, it's probably at least 3 months away yet. :thumb:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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  • 2 weeks later...
You'll be due at least one more threatogram from the Desperate Recovery + dress up box.

 

If they do decide to 'make an example of you' and issue a claim, it's probably at least 3 months away yet. :thumb:

 

Dragonfly, you were correct, I have received another DR+ (in drag) letter. See attached. Again, I will ignore unless advised otherwise. Many thanks

[

letter 8 redacted.pdf

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  • 3 weeks later...

So, just to update everyone, nothing further received so far from any of the companies who claim to be involved in this. Last deadline expired 18/04/18.

 

How long do they get to chase this just out of interest?

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6yrs

keep or scan everything you get

 

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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