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    • Fine. Have a quick think and decide whether you want to bring a small claim. If you do then it is worth spending a little bit of time looking through this forum and discovering the steps of how to bring a small claim in the County Court. You would have to start with a letter of claim which would give them 14 days to provide you with your refund or else you will start a small claim against them and without any further notice. Day 15 you issue the papers. Don't make the threat unless you are prepared to go ahead and carry it out. As I've already said, bringing a small claim is extremely easy and on the basis of what you say, your chances of success are much better than 95% – and in my view Halfords will put their hands up unless they really want to waste their money and their time. Does Halfords really want to spend their time and money losing a case in which they will have to draft the defence document, respond to various papers from the court, put you to the trouble of paying the hearing fee, instructing lawyers to go and attend at your local court which I believe is in the North west of England, losing their case, having to pay your £40 plus interest plus your court fee plus the hearing fee – and then suffer the indignity of having their name plastered even further all over this forum and over Twitter and Facebook and trust pilot. If this is what they want then they really don't value their reputation very highly.   I have sent the following response to Halfords  
    • The Highway Code says you must not enter unless your exit is clear*. The law doesn’t say the same, the offence is stopping on the box junction* It is possible to enter while your exit is clear, and then another car block you, you stop on the junction, and commit the offence* even though you complied with the Highway Code**   (or, even, breach the Highway Code by entering when your exit isn’t clear, but not commit the offence as long as you don’t actually stop, and your exit becomes clear in time!)     * = absent the defence of you wanting to turn right and the only thing preventing you doing so being oncoming traffic (/ other vehicles turning right)   ** = in which case you appeal, not on grounds of the contravention not occurring, as it did, but on the grounds that given you had made all efforts to comply, and another driver’s bad driving caused you to have to stop so as not to cause an accident, it isn’t in the public interest to pursue it.
    • read the guide CCA goes to the claimant   dx  
    • Hi, yes that is what has happened. The technician originally said that the tyres were for BMW, it came to light in the PayPal disputes I’ve had with them that it’s not only for BMW but certainly not for my car. It seems like everyone I speak to has a different sort of opinion on what the tyres are for. We looked for a branded tyre within a good price range and chose that tyre assuming any tyre on the list would have fit our car.. I shall do that yes I would like the call recording as I am actually quite upset how the lady spoke to us about it when we contacted customer services anyway. Thanks for helping. 
    • By the way, please will you send a subject access request to Halfords and make sure you asked them for call recordings as well as any of the details that you input in respect to your tyre order and any other personal data which they hold on you in any form. Get this letter off to them by email tomorrow and confirm in writing.   I suggest that you send the letter for the attention of Andrea Botha | Executive Contact Manager who will be aware of this situation.   https://uk.linkedin.com/in/andrea-botha-96b565143   I've written to her again and suggested that maybe she doublecheck the situation because of my understanding what you say is correct, then I think that she must badly have misunderstood the circumstances of this. Once again, I understand that you input the details of a Kia and Halfords recommended tyres fit for a BMW. They only informed you of this error after the tyre fitting had been booked. Your initial contact with Halfords after this resulted in a promise to reimburse you and it was only a subsequent contact with another customer services person that they renege on the promise. Is that correct?
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WilliamW101

Arrows/Shoos CCJ old MBNA debt - offering Early Settlement Offer After failed CO attempt

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Hi

Not sure if this is the best part of the forum to post this but here goes.

 

I have recently received the attached letter from Shoosmiths acting on behalf of Arrow Global (Guernsey) who have a debt that was originally with MBNA.

The discounted settlement figure is for 60% of the total amount outstanding.

 

A CCJ was awarded in 2011 for circa £12k

 

Jan 2012 we relinquished our house to the mortgage company

 

May 2012 Arrow went back to court to get the house added to the CCJ as I had defaulted on payments

 

On the way way to court my (now ex) wife called to say the mortgage company had sold the house, the letter arrived in the post after I had set out.

 

In the meeting with the judge and Arrows representative I explained what had happened but had no paperwork to back it up (an hour's bus ride each way would have made me late for the meeting)

 

The judge duly gave them rights over the property and within 7 days I received another letter saying that we had sold the property without their permission.

 

I replied stating both the judge and their representative had been made aware of the property sale at the meeting.

 

I have heard nothing back from them since then.

The CCJ no longer shows on my credit report.

 

I do understand that the debt is still there but nearly six and a half years after their last correspondence this has come as a bit of a shock.

 

I do not have any capital to pay off the figure requested,

I own no assets of any worth and I have no disposable income.

 

The further options they mention (Attachment of Earnings and/or Warrant of Control) have rattled me somewhat.

 

What is the best response to the letter and what are the likely outcomes?

 

Any advice would be much appreciated!

Early Settlement Opportunity After CCJ.pdf

Edited by dx100uk
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AFAIK, after such a long period of time, they will have to answer to the judge as to why it has taken them so long to action the judgement.

 

They are willy waving and hoping you are as uneducated as they.

 

They've had plenty of time to take action and they've failed to do so, tough.

 

IMO it doesn'teven merit a response to them, file it, keep it safe and keep an eye on your CRF.


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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Thanks for the quick response, really appreciated.

 

With regard to the CRF, is that a general keep an eye on it or is there something possible directly linked to this?

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If the CCJ has already dropped off it, then just keep an eye on who (may possibly) be searching your files, IF it shows up.

 

 

They cannot add the old CCJ once it's dropped off, just as they cannot re-add defaults that have dropped off.

 

 

There probably won't be any movement on it at all, and what you've received is simply a computer generated threatogramme that some dullard has told it to send when they've been checking their archives.


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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Retitled and moved to legals

 

Ignore them


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Its a simple template threat o gram..dont take it personal...they missed their opportunity to get a charging order to secure the judgment of 2011...and are now past the 6 years to execute it further (Attachment of Earnings/ Warrant of Control)...unless they seek permission of the court and pay the relevant fees.


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Its a simple template threat o gram..dont take it personal...they missed their opportunity to get a charging order to secure the judgment of 2011...and are now past the 6 years to execute it further (Attachment of Earnings/ Warrant of Control)...unless they seek permission of the court and pay the relevant fees.

 

It's the "unless" part that worries me

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Well the " unless " is very rarely allowed unless the Judgment claimant can provide good reason.


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Well the " unless " is very rarely allowed unless the Judgment claimant can provide good reason.

Thanks, that does help 🙂

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An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term “action” only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies. However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

 

Court permission is required to enforce a judgment debt that is more than 6 years old. In a particular case of Warrants of Execution, these must be renewed after 12 months if they have not been enforced. Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought.


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