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    • I came back home on Monday and found this Claim form in my letter box. In the light of what I have explained earlier in regards to this debt claim, can anyone tell if I have any chance fighting it in th Court. SW in the last conversation request the proof of me living somewhere else, which I can't provide. They have info from the landlord of property being rented to me, I was there on electoral register, had bank account opened on this address, Driving licence had this address etc., but I wasn't living there.      Name of the Claimant -  Southern Water services   Date of issue – 12/06/2019     Particulars of Claim   The Claimant is statutory...etc The Claimant claims the sum £969 for unpaid water and or sewerage charges payable under s. 142-144 of the act and the Claimant Charges Scheme. The unpaid sum of £969 is for period 01/04/2014 - 08/07/2015. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year  from 08/07/2015 to 11/06/2019 and also interest at the same rate up to the date of the judgment or earlier payment at daily rate of £0.21   What is the total value of the claim? £1423   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? yes Letter before Action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  Yes, COA address.   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?    No, water charges   When did you enter into the original agreement before or after April 2007 ? Allegedly after - April 2012   Do you recall how you entered into the agreement...On line /In branch/By post ? No   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No, no anymore   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Southern Water - original creditor   Were you aware the account had been assigned – did you receive a Notice of Assignment?   Did you receive a Default Notice from the original creditor? No.   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No   Why did you cease payments? Never. I wasn't aware of bills.   What was the date of your last payment? Never   Was there a dispute with the original creditor that remains unresolved? Yes, creditor did not take my notice of bills being wrongly issued in my name.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
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    • http://www.hadefpartners.com/News/333/Limitation-periods-in-the-United-Arab-Emirates   One of the key limitation periods to be aware of is the limitation period for a claim for breach of contract. We have been approached by many clients (including in-house counsel at large multinational and local companies, and even international law firms) who believe that the limitation period for a breach of contract (including a commercial contract) in the UAE is 15 years. What they are often not aware of is that the limitation period for commercial contracts (as set out in Federal Law 18 of 1993 (the “Commercial Code”)) is usually 10 years. Therefore, multi-million dollar claims dating back over more than 10 years may now be time-barred.   https://www.jstor.org/stable/3381662?seq=1#page_scan_tab_contents
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DCF88

ecarsuk/RS Cars - Advice on small claims on faulty vehicle

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That's why it's very satisfying to put the sheriffs in to enforce against somebody who has really treated you in a very dismissive way. I'm afraid that the County Court bailiffs have comparatively little teeth and also they don't levy this fee at all.


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Incidentally, if they do manage to enforce the judgement it could be that they are offered a cheque for the money. It is highly likely that the sheriffs will phone you and ask you if that's okay. The answer has to be a definite – No. It's either cash – or equipment/vehicles.

If you are prepared to accept a cheque you could find that you have been given a bouncer and then you have further complications to deal with.

Cash only.


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16 hours ago, BankFodder said:

Incidentally, if they do manage to enforce the judgement it could be that they are offered a cheque for the money. It is highly likely that the sheriffs will phone you and ask you if that's okay. The answer has to be a definite – No. It's either cash – or equipment/vehicles.

If you are prepared to accept a cheque you could find that you have been given a bouncer and then you have further complications to deal with.

Cash only.

 

Very good point which I thought about a couple days back actually, I didn’t know if I had a choice in the matter of how I receive payment but if I do then yes cash would be the obvious answer.

 

Ive kind of told myself that he’s going to wriggle out of this so receiving any money from him doesn’t really come into my thinking at the moment.

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Also the other thing whilst all this is going on I am still paying out tax and insurance on the car, when could I possibly end this?

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I can't give you an answer on this.  The risk is that while the car is still technically yours then you will have certain liabilities.  

It's not a nice position to be in.  I'm sorry


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19 minutes ago, BankFodder said:

I can't give you an answer on this.  The risk is that while the car is still technically yours then you will have certain liabilities.  

It's not a nice position to be in.  I'm sorry

 

Yeh understood, just have to suck it up for now. At what point is that car not mine is my question I guess?

 

Even if he paid, I still have the logbook in my name at that point.

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Maybe @Chuffnut or @Manxman in exile or @Dodgeball can chip in on this


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OP - Hope you got this resolved during the last week.

 

If not, I would only add that HCEOs should be able to take an electronic debit card payment (not credit card) which I presume is as good as cash.

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On 05/05/2019 at 08:40, BankFodder said:

Maybe @Chuffnut or @Manxman in exile or @Dodgeball can chip in on this

Don't you think it would be appropriate to update the 

with the correct info re rejection ? You are still promoting misinformed bad advise. You aren't helping consumers. You've admitted your wrong (with no appologies) to retailers, do something about it Bankfodder.

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10 minutes ago, stinky-pants said:

Don't you think it would be appropriate to update the 

with the correct info re rejection ? You are still promoting misinformed bad advise. You aren't helping consumers. You've admitted your wrong (with no appologies) to retailers, do something about it Bankfodder.

 

You are quite right. Please would you mind crawling over the site and finding anyplace where you think there should be changes and flag it up to us with a suggested form of words and will have a look.

Thanks


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On 13/05/2019 at 12:09, Manxman in exile said:

OP - Hope you got this resolved during the last week.

 

If not, I would only add that HCEOs should be able to take an electronic debit card payment (not credit card) which I presume is as good as cash.

 

Hi, I have today been notified that the high court writ is received so to expect 13 more days before they can actually attend his location. 

 

I can see @BankFodder has tagged you in a post above, are you able to advise on how I go about ownership of the car in this situation, when do I actually not own the car anymore which would enable me to then cancel insurance, tax etc on it?

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Can't really help I'm afraid.  BF thinks I know about cars because of an exchange we had on another thread, but I don't (apart from common sense!)

 

What I would say is:

 

1. I presume you will want to retain ownership until you've got the judgment paid

 

2.  Then you want to make sure you are no longer the registered keeper.  Look on your V5C and it should tell you what to do if the car is returned to trade (I assume this is how this should be interpreted).  In any event make sure DVLA know you are no longer the registered keeper.  Might be an idea to call them for advice - though I understand they can be hard to get on the 'phone.

 

3.  Not sure how ownership formally transfers eg is documentation needed?  Note the registered keeper is not necessarily the owner of the vehicle - in fact the V5C says it is not evidence of ownership.

 

4.  Also not sure about how the insurance works.  If you are no longer registered keeper, does that mean you are no longer responsible for insurance?  Or do you need to transfer ownership first?  You could try asking DVLA about this too.

 

5.  There is a DVLA board on here where you could ask for clarification on these questions.

 

As I say I'm no expert so I wouldn't describe the above as "advice", but it may be a starting point for you.  I'm sure other posters are in a better position to give advice you can rely on - don't rely on me!

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14 minutes ago, Manxman in exile said:

Can't really help I'm afraid.  BF thinks I know about cars because of an exchange we had on another thread, but I don't (apart from common sense!)

 

What I would say is:

 

1. I presume you will want to retain ownership until you've got the judgment paid

 

2.  Then you want to make sure you are no longer the registered keeper.  Look on your V5C and it should tell you what to do if the car is returned to trade (I assume this is how this should be interpreted).  In any event make sure DVLA know you are no longer the registered keeper.  Might be an idea to call them for advice - though I understand they can be hard to get on the 'phone.

 

3.  Not sure how ownership formally transfers eg is documentation needed?  Note the registered keeper is not necessarily the owner of the vehicle - in fact the V5C says it is not evidence of ownership.

 

4.  Also not sure about how the insurance works.  If you are no longer registered keeper, does that mean you are no longer responsible for insurance?  Or do you need to transfer ownership first?  You could try asking DVLA about this too.

 

5.  There is a DVLA board on here where you could ask for clarification on these questions.

 

As I say I'm no expert so I wouldn't describe the above as "advice", but it may be a starting point for you.  I'm sure other posters are in a better position to give advice you can rely on - don't rely on me!

 

Thanks for the help, much appreciated.

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21 hours ago, BankFodder said:

 

You are quite right. Please would you mind crawling over the site and finding anyplace where you think there should be changes and flag it up to us with a suggested form of words and will have a look.

Thanks

It's not for me to crawl over your site, that's for you to take responsibility and ownership. I'm very surprised you haven't already taken ownership in this matter and updated each post where you have stated a buyer can simply reject a car within 30 days.

 

Don't you think it would be pertinent to update those posts with an acknowledgement your advise was wrong. I think that is the very least you should do. I'm thinking of all those people who are currently pending a court case with a belief their case is based on the correct advise, when its been in fact totally wrong. 

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I think the only issue with that is that the site is voluntary run

 

It relies on people helping between their day jobs and to be honest between other things that they have in their lives as well

 

I'm sure things will be updated but it can't be expected to be instant unfortunately 

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Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Small update,

 

defendant has actually wrote on the judgement letter ‘THIS COMPANY IS NOT IN BUSINESS’ which has returned the letter to the sender which in turn has been sent to me.

 

Ive informed the enforcement officers who have basically said ignore it as he’ll have to prove this when we attend his address. He’s obviously in a rush to shut this company down and trade under a new name which isn’t good news for myself.

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Thanks for the update.  I suppose that it is not unexpected


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So I have an update and sadly it seems he’s got away with it which is not unexpected but disappointing that someone can do that so easily. That seems to be that, I don’t think I can really take it any further?

 

Quote

ENFORCEMENT AGENT ATTENDANCE REPORT: FIRST ATTENDANCE ENFORCEMENT AGENT MR BUTCHER ATTENDED THE WRIT ADDRESS OF UNIT 11 FREEMAN’S PARC, AT 09:50HRS ON THE 30TH MAY 2019. THE AGENT CHECKED ONLINE FOR THE COMPANY PRIOR TO THE VISIT AND CHECKS SHOW THAT THE BUSINESS IS PERMANENTLY CLOSED AND DOCUMENTS ON COMPANIES’ HOUSE SHOWING THAT BUSINESS WILL BE INSOLVENT. THE AGENT ATTENDED THE ADDRESS AND THERE IS A COMPANY NAMED RS CARS WITH THE DIRECTOR BEING A MR ROBERT SMITH. THE AGENT MET WITH MR SMITH AND WAS SHOWN SUFFICIENT PROOF TO STATE THAT ITS IS NOW RS CARS TRADING FROM THIS ADDRESS WITH NO ASSETS BELONGING TO ECARSUK LIMITED. YOU MAY WISH TO TRACE THE DEBTOR TO FIND A NEW ADDRESS FOR ENFORCEMENT. YOU CAN INSTRUCT AN INDEPENDENT PERSON, CONDUCT THE SEARCHES YOURSELF OR WE ALSO OFFER A TRACING SERVICE FOR £75+VAT. UNFORTUNATELY, SHOULD THERE BE NO FURTHER ADDRESS FOR ENFORCEMENT DUE TO THE INFORMATION PROVIDED, WE ARE UNABLE TO SATISFY THE WRIT AS WE HAVE NO VALID ADDRESS AND WOULD NEED TO CLOSE THE CASE. AS ADVISED IN THE TERMS AND CONDITIONS A COMPLIANCE/ABORTIVE FEE OF £75 PLUS VAT WOULD BE APPLIED. IF WE DO NOT HEAR FROM YOU IN 7 DAYS, THE CASE WILL BE PASSED TO OUR ADMIN DEPARTMENT TO CLOSE.

 

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I think you're right. I'm very sorry. All I can suggest is that you keep an eye on the various trading names of this company and make sure that it appears in reviews around the Internet as a warning to others. Also the names of any directors.


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Posted (edited)

Hmm...  Sounds like you're stuffed.

 

Wait and see if others have any further advice.  You may need to bump this thread a few times if they're going to close enforcement after seven days.

 

EDIT: Cross posted with BF.

Edited by Manxman in exile
cross post

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He already has the new company set up and I shall definitely be leaving some tasty reviews to warn other people.

 

Thanks to everyone here who helped me.

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