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    • Thanks, dx. Yes, I may need to turn my attention into some other things.
    • no they wont  can you PLEASE stop panicking about a nothing burger   dx  
    • Where a person who owns or partially owns a property enters into an IVA, it's usual practice that in the fifth year, the person has to attempt to re-mortgage the property to release equity. It's extremely rare that a homeowner will be successful in re-mortgaging due to having a poor credit rating. Where the owner is unable to re-mortgage, the IVA is extended for a further year. This is absolutely normal practice in an IVA, and if your sister cancels payments to the IVA, the IVA is at risk of failing and she could be made bankrupt, therefore losing any equity she has in the property. 
    • Right. So I think it would be  good idea to give a brief description of the property, for example detached house, or flat or terraced. And some sort of identifier so we can distinguish from other properties you handle. An incomplete street address eg "No.14" would do so while preserving your privacy. Is the freehold title discrete for the property, or does it cover other leasehold properties? And a bit about your history, how current ownership came about. At one stage you said it used to be your family home, elsewhere you wrote that you'd bought the leasehold. Did those comments refer to this property? Did you acquire it on the open market, or from your family? Is this the house with the garages, where you own the freehold? Trying to understand whether there are underlying reasons that might account for problems with valuation, eligibility for finance, and the fact that neither you nor Lender found it possible to sell. Finally (for the moment) you refer to existing litigation. Does that relate to this property? If so it would be good to give a brief overview. Civil or criminal? What role do play .. claimant, defendant, appellant, respondent?  Charge, or cause of action. You don't want to go off on separate path that would better joined to the current proceedings. 
    • Can you confirm the client on the letter please? Is it The Original Energy Provider or PRAC Energy? 
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • 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
        • Like

Unknown CEL PCN CCJ - Metro Inn, Birmingham Road, Walsall, WS5 3 - How do I get it removed?


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Where does anything say its a fine?

 

 

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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ok i was being a bit cheeky

i had expected someone thats been on here for as long as i have would know better than to appear to go elsewhere and follow some strange route regarding section 10 etc when that not what we've ever advised if you get a CCJ, however you've not been around of recent but still doesn't explain why you didnt come here 1st for the correct advice.

 

its not a fine its a speculative invoice, a private parking company cant fine you anything.

 

alll they've done is most probably used an old address , the one that the car was registered too at the time of the 'offence?' to file a backdoor CCJ, as i expect you've moved close to the CCJ date?

 

getback  onto northant bulk

ask them for a copy of the CCJ and the Claimform

 

it might well be they dont have a copy of the claimform, so RECORD YOUR CALL.

ask them to readout the address the Claimform was served to 

AND 

the Particulars of claim 

 

whilst there it might pay you to ask them to readout how the sum of £325.22 was arrived at , as thats a very unusual figure for a parking charge, looks like extra debt collection charges have been slipped in which is a bit cheeky!

 

then comeback here with that info

you'll need the CCJ number from your credit file.

 

a word of note

paying the CCJ will not remove it.

only a set aside will @£255 but as yet i cant see a valid reason.

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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  • dx100uk changed the title to Unknown CEL PCN CCJ - Metro Inn, Birmingham Road, Walsall, WS5 3 - How do I get it removed?
29 minutes ago, maxine989 said:

I am assuming any court paper got lost in the abyss when I was ignoring their demands after already trying to resolve it...

 

that could be your downfall sadly.

if you ignored the court papers then sadly you miss the 1st part of satisfying a set aside - why did you not respond to the initial claim. ignorance is not a reason. 

 

might be better to go ring CEL and state you are happy to pay the sum claimed but want the CCJ removed from your file as part of the deal. you could possibly kick off about the extra about £100 added to the normal CCJ sum for a speculative invoice claim which is about £200

 

go get that info i posted about and lets see if you have any cards to play with.

the 10mins stay rule might be useful but at this stage i'm not too sure esp if the particular of the claim don't actually state 'what' you did wrong.

 

i suspect this was an ANPR camera in/out timed PCN . that cold help

did you dump all the paperwork to date or have any of it still?

 

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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Share on other sites

8 hours ago, maxine989 said:

I received a 'without prejudice as to save costs' letter from CEL on 24.11.20 stating that they now intend to apply for an order for me to attend before a Court Officer for questioning about my financial status.

well the court would write about such, and that letter was +2mts ago. 

  • Like 1

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... 

Link to post
Share on other sites

2 hours ago, maxine989 said:

Would CEL be able to reapply for another CCJ or further chase me for the penalty once the current CCJ has expired though?

it is not a penalty!!

a CCJ doesn't expire, it's just removed from your credit file after 6yrs.

a claimant has 6yrs to enforce it via the courts, should they fail it's very rare for a court to allow enforcement outside of 6yrs.

 

sit on your hands. dont kick their pramwheels.

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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  • 2 weeks later...

nope

a dca is not a bailiff

dx

 

  • Thanks 1

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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