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      Backdoor Link CCJ - old Barclaycard debt - Default Judgment set a side - hearing in 2 days - Witness Statement help urgent!

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      Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
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      By flimes · Posted

      Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • northmonk
      NPC/DCB(L) Vanishing Windscreen PCN Claimform - Taxi - Appealed - No Parking Or Waiting At Anytime - St Thomas Hospital, London, Se1 7eh.

      By northmonk · Posted

      Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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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.

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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

New here, 10 year old CCJ Robbers Way

jm85

By jm85
in Financial Legal Issues

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jm85

jm85

Posted
Posted

Hi all,

 

I became a carer for my parents way back in 2007. To do this I had to give up my business and as a result had my home repossessed.

As my mum had dementia and declined rapidly I had little time and even less inclination to deal with it all, and dug my head in the sand.

 

At the old property (by that point I was living with my parents) I had a lot of debt letters and just left them there.

 

Only 2 creditors are still chasing me via debt companies.

They are both credit card debts.

 

I sent 1 of them the statute barred letter as they turned up at my door the other week.

The guy was more of a friendly 'good cop' than a bailiff.

 

They have replied back saying the debt had a CCJ issued in 2008 and gave me a case number to check.

 

This would have been addressed to the old property which was repossessed in 2010.

 

My parents died last year and although I have inherited the house I have yet to process it at the Land Registry.

 

I am worried about balliffs turning up.

 

The debt is around £7k.

 

Thanks

JM

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Ethel Street

Ethel Street

Posted
Posted

You are confusing 2 different things here. The time limits for "statute barred" and the time limits for enforcing CCJs.

 

The law on statute barred doesn't apply here because the debtor went to court within the 6 years and got judgement against you, the CCJ. So the statute barred letter wasn't appropriate.

 

However if the debtor has done nothing to enforce the CCJ after (I think) 6 years they may need permission of the court to enforce it. I don't know exactly what the rules and procedures for this are, hopefully someone more knowledgeable will be able to help.

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BazzaS

BazzaS

Posted
Posted

Why was the delay?

 

If you had moved and not told then your new address,

and they’d not been able to trace you despite reasonable efforts,

but have now found you because you've only just gone back on the electoral roll:

expect them to be granted permission to enforce.

 

If you’ve not moved / have kept them up to date (by e-mail) with your address,

and they’ve just not bothered to chase it :

expect permission to be denied

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jm85

jm85

Posted
  • Author
Posted

Thanks Bazza

 

The debt was originally with my main bank at the time and they would have had my current address.

I last moved in 2007/08.

I was on the electoral roll the entire time.

 

Robinson Way was sold the debt about 3 or 4 years ago

but I had not replied to their letters over the years.

 

My first contact was with the guy who came to the door the other week.

They have chased it in terms of letters,

but nobody has been to the door bar the guy the other week.

I've not had bailiffs come.

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renegadeimp

renegadeimp

Posted
Posted

On a regular debt outside of the 6 years since CCJ was issues?

Almost impossible unless they have a very good reason.

 

Out of all the CCJ's there are that are over 6 years, maybe a tiny handful are eligible.

And in context, hundreds of thousands of CCJ's if not more, and maybe 5 that qualify.

 

If robbers way are/were involved, then the debt is junk.

They dont get involved in legit debts.

 

The person at the door wont have been a bailiff.

He'd have been a doorstep collector.

Meaning you could have ignored him completely and he cant have done anything.

 

When a bailiff is involved, youre sent letters informing you as there are costs involved.

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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renegadeimp

renegadeimp

Posted
Posted

Dont worry about SB letter.

Who owns the debt now?

 

Have you checked your credit files to see if its on there?

 

Have you had any recent letters about the debt?

 

Have you made sure your address was up to date with whoever initially chased it?

  • Confused 1

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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jm85

jm85

Posted
  • Author
Posted

It's not on my credit file.

 

I tend to get a letter about every 3-4 months from Robinson Way.

I've not responded to them as I was too busy dealing with my mum until she passed away last year.

 

They will have had my address the whole period they have owned the debt.

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renegadeimp

renegadeimp

Posted
Posted

definitley sounds like a junk debt. They prob dont even know about a CCJ on it. What were the contents of the letter they sent.

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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jm85

jm85

Posted
  • Author
Posted

Thanks for the reply. Letter as follows ...

 

Thank you for your recent email (I actually sent them a letter)

 

Please note that as this account is subject to a County Court Judgement, the account is not statute barred.

 

The CCJ was obtained at X County Court Business Centre in October 2008 and the case number is X.

 

Please complete the financial statement to enable us to get a better understanding of your circumstances and return with your affordable proposal for payment within the next thirty days.

 

If we do not hear back from you within this time, collection activity will resume.

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renegadeimp

renegadeimp

Posted
Posted

They're chancing their arm.

They know they cant do anything as its over 6 years.

 

Thats why theyre begging you and trying to trick you.

 

by collection activity, they mean just send you more letters.

 

We've seen the same thing lots of times from lots of different DCA's.

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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AndyOrch

AndyOrch

Posted
Posted

Thread moved to financial Legal Issues forum...please continue to post here to your thread.

 

 

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

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dx100uk

dx100uk

Posted
Posted

who was the claimant on the CCJ?

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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jm85

jm85

Posted
  • Author
Posted
who was the claimant on the CCJ?
HSBC was the original.

 

Thread moved to financial Legal Issues forum...please continue to post here to your thread.

 

 

Regards

 

Andy

 

Thanks Andy

 

They're chancing their arm.

They know they cant do anything as its over 6 years.

 

Thats why theyre begging you and trying to trick you.

 

by collection activity, they mean just send you more letters.

 

We've seen the same thing lots of times from lots of different DCA's.

 

What would be the best way to handle it? Ignore it? I assume they can't send bailiffs round as is?

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dx100uk

dx100uk

Posted
Posted

no not the original Creditor of the debt behind the CCJ...

who was the claimant that got the CCJ against you?

 

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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AndyOrch

AndyOrch

Posted
Posted

Ignore them......come back if you get anything from the court...re application.

 

 

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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jm85

jm85

Posted
  • Author
Posted
no not the original Creditor of the debt behind the CCJ...

who was the claimant that got the CCJ against you?

 

dx

 

HSBC.

 

I didn't actually receive the CCJ myself but it was possible at that point it went to the old address, which HSBC repossessed and had my current address prior to that,so say 2008-09 ish.

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jm85

jm85

Posted
  • Author
Posted
Ignore them......come back if you get anything from the court...re application.

 

 

Andy

 

Thanks.If the bailiffs come round can I point them towards something that says CCJ is out of date and you need a reissue?

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dx100uk

dx100uk

Posted
Posted

can't use bailiffs

not sure where you are getting that from

the court wold never allow enforcement outside of 6yrs

rare as hens teeth.

 

can you answer my question please

WHO is the claimant on the CCJ or the notice of judgement?

 

dx

 

if it was HSBC that got the CCJ there is absolutely nothing robbersway/hoist/hph2 or whomever they want to call themselves can do anything to you.

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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jm85

jm85

Posted
  • Author
Posted
can't use bailiffs

not sure where you are getting that from

the court wold never allow enforcement outside of 6yrs

rare as hens teeth.

 

can you answer my question please

WHO is the claimant on the CCJ or the notice of judgement?

 

dx

 

 

Sorry dx, I'm not sure on the claimant. I assumed it was HSBC as that who the debt was with originally. Is there a way I can search for this CCJ?

 

I was assuming bailiffs would be their next tactic if I ignore them.

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dx100uk

dx100uk

Posted
Posted

have you the CCJ number?

will be an alpha numeric combination

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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