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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 
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    • 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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Not sure if anyone's seen this, I doubt it will make it onto the Can't Pay show.

 

 

DCBL agent forces his way in to a residence where the occupant has told him he is not the debotor and does not know the debtor, Police are called and as usual support the agent in his incorrect actions

 

 

https://tinyurl.com/yad63obg

Edited by dx100uk
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So many wrongs....

On behalf of the owner of the property.

I'll pick up on two.

The person named on the warrant is linked to the address.

So I the named person isnot resident then the owner must prove the items belong to them and nit the debtor.

2nd.. A warrant has to be shown and signed. Statement by the owner..

Wrong. The existence of the warrant is all that is needed. However they normally carry an electronic copy to ease arguments and it has to be wet signed.. Wrong. Stamp of the court I all thas needed.

 

This all stems from wrong sites spouting wrong info along the unicorn food lines of FMoTL...

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Thread moved to Discussions.

 

 

Andy

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sniff sniff fMoTl

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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100% fotl just like all the other YouTube videos

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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Guy did himself no favours, all he had to do was fetch ID, rather than wind Sandbrook's finest up; deffo FMOL angle in that one.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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sniff sniff fMoTl

 

 

The video maker might be but I'm not and Crimebodge is not.

 

 

Ignoring the rubbish the video maker says the agent does push his way into the property.

 

 

My opinion is that if the video maker had said hold on there I'll just go and get you some ID the agent would have walked in and the video maker knew that so tried to shut the door but the agent wasn't having that.

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This is going to be hard without sounding like a FMOTL... But if the EA is there to enforce against a previous householder (for example), why should someone have to prove their identity?

 

Whilst I agree that this would make the EA realise that the person they're looking for is no longer there, surely it is up to the EA to prove that they do have the correct address, not up to the householder to prove that they don't.

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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Its for the current to prove who they are. The courts have gone to great lengths to try to make sure current addresses are correct.

How many times do you think the debtor turns round and says that's not me.

But they are on the lease or recently connected to the address.

 

The EA CAN sieze goods and its up to the owner , if they are not the debtor, to prove ownership.

That is quite clear in legislation. Taking control of goods act.

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Oh, I'm not saying you're wrong and that's not how it is, but it just doesn't sit right with me. Someone comes to your door and demands to see ID.

 

They'd only get one answer from me :evil:

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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Oh, I'm not saying you're wrong and that's not how it is, but it just doesn't sit right with me. Someone comes to your door and demands to see ID.

 

They'd only get one answer from me :evil:

 

 

 

I agree, to any tom dick of harry.

 

But they are commanded by the court to enforce a warrant.

Different kettle of fish entirely

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OK. Indulge me.

 

An EA comes to my door looking for a debtor that I have never heard of, and, as far as I am aware, has never lived at my address. Therefore the debt is absolutely nothing to do with me.

 

Whilst I agree that some people will always lie to an EA, what right does an EA have to demand that I show them ID? They may well be commanded by the court, but I'm not and therefore I feel that I do not have to prove anything to them. And I'm afraid that if they attempted to force entry or otherwise enter my home, they would very quickly find themselves in a heap on the pavement.

 

I'm not talking about scenarios where a debtor is (correctly) linked to an address and the person at the door is lying through their teeth, but if there's been a mistake at some point, an EA demanding ID from me and/or trying to enter my property is not going to end well for them.

 

If they asked nicely, maybe they'd get my ID, if I was in a good mood. But if they come at me with the attitude that some do have....

 

 

 

I must stress that this is entirely my own opinion and may not be the opinion of the site and/or any other member of the site team.

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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Agree with Dragonfly.

 

Any warrant is to recover money or goods of value from the debtor.

A third party living at an address has nothing to do with the matter and no enforcement officer has any right command any action from them.

 

Has to be peaceful entry, which is either being invited in or entering through an unlocked/or open door. If they are met by a third party at a door and advised the debtor is not at the address, then it is up to the EO to make further enquiries if the third party does not wish to assist them.

 

An EO acting on a court warrant must have access to resources that enable them to trace people and if if their searches still show the address, then there are other court actions that the debtor can take e.g. Bankruptcy if relevant, court request for debtor to attend court for questioning.

Edited by dx100uk
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Problem is EA might try to accuse the occupier of obstructing him, at which point any innocent might get done and summonsed. Anyone can be accused of obstructing the EA even a passerby who intervenes, or a courier delivering a parcel to a debtor's address EA cannot demand parcel as not signed for and is not an authorised signatory, but could try obstruction for spite.

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 OTHERS

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Dragonfly, you are correct that your not commanded by the courts but as you choose to live in the country you abide by all its laws so it does have a sway. If you dont like the laws then move or petition to have the laws change. Its a democracy.

 

The courts go to great lengths to check addresses.

 

The thing that needs to addressed here is yes Te EA has to gain peaceful entry on the warrant shown in the video but its not always like that.

Civil or high court warrants require peaceful entry.

Magistrates warrants do not. Forced entry is automatically granted if required.

 

This is where people get confused sometimes.

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Dragonfly, you are correct that your not commanded by the courts but as you choose to live in the country you abide by all its laws so it does have a sway. If you dont like the laws then move or petition to have the laws change. Its a democracy.

 

I can assure you that I do, and always have abided by the laws of the land.

 

However, what I wouldn't do is allow myself to be pushed around on my own doorstep. If the EA comes up with a law that says that I must identify myself to them, I'd be happy to comply. But until then...

 

We're just going to have to agree to disagree on this one I think.

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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We are not disagreement.

I'm not for one minute suggesting you fall foul of the law.

 

 

99% of enforcement agents are extremely professional and polite.

 

The videos that appear on YouTube are the exceptions not the norm and unfortunately, in most of those the EA is reacting to a debtors attitude and not the other way round

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Oh well, I don't disagree with that. There are always the proverbial bad apples.

 

But taking the video linked in the OP as an example (bearing in mind that there may (or may not) have been events that happened before the video starts) the EA's opening gambit appears to be "you need to prove it to me" when the person at the door says that he is not the debtor named on the writ.

 

For the EA to then go on and compound that by (seemingly) pushing the person backwards so that he can gain entry is just not on. It would very much end in tears if an EA tried that with me.

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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EA tries to snatch parcel, he stumbles

EA hits the ground

Ambulance hits 90

 

Well officer he fell over when he couldn't snatch the parcel I was trying to deliver, and he grabbed and threw my delivery tracking device at the wall

Edited by dx100uk
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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 OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Hi

 

There is nothing on the writ or warrant about any address for the debtor , if you look on the CPR it is not required.

The address may be sent as an aid to enforcement with the writ, but the only legal instruction as to delivery is in the TCE Part 14 which states "where the debtor lives or carries out a business".

 

The only point is, that it may lend credence to the NOA not being delivered earlier and therefore the

debtor not receiving notice under section 7.

Interestingly, if the address is not a requirement it would not be possible to sue the bailiff for wrong attendance under Part 66.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Great discussion guys and one of particular interest to me as recently I have started getting phone calls from JBW for a person I have never heard of.

 

I have lived in my home for 6 years (I own it) and I have the phone number for about 5 years.

 

It seems in my case the information held by JBW is out of date and I presume they got that information from the court.

 

I have told JBW they have the wrong number every time they have called but they keep calling so I suspect a visit is imminent.

 

I am inclined to agree with Dragonfly but I shall judge my reaction (if they visit), on their attitude at the time.

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Show them a council tax bill then tell them to Foxtrot Oscar whilst filming them. having gone outside and closed the door behind you to deny them access.

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 OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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