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    • Thanks for the quick response! the way they’ll have found so far is LinkedIn, I use this for business and work etc. I’ll have to look into the settings and see if I can make this more private I have no other social media.    so to confirm, best step is to directly mail my address to emirates and HSBC directly then ignore idrww and judge and priestly? should I be telling both the uk collection agencies that I’m only going to be dealing with the banks directly and not with them?    would you recommend creating a monthly payment plan to the banks or not?    Thanks, 
    • Hey, I had around 40k credit card and now they say I owe 135. I suggest doing what we’re all doing here. Ignore. My debt was from 2017 and I’ve just had the same rounds of letters every year since x
    • Lords committee thinks the EU should postpone taking back control of its borders because of delays at St Pancras and Dover. Good luck with that one. ‘Tell EU to delay Entry/Exit system’ to avoid serious travel disruption, warns Lords committee | The Independent ARCHIVE.PH archived 21 May 2024 12:17:58 UTC  
    • There are various interesting snippets in this. Minister Johnny Mercer was working on a train recently and another passenger took screenshots of his laptop screen with a memo to No 10 with a few complaints. This one isn't a surprise but seems to show that the Tories are deliberately suppressing the student vote. 'The cabinet minister complained that he had been trying to persuade No 10 to let veterans use their IDs at polling stations “for months without success”. He said he had found out the plans had been blocked by the prime minister’s special advisers because they could “open the floodgates” to allow students to use their cards too. In the event some veterans were turned away from polling stations when they went to vote. No 10, he said, was failing to listen to him and other MPs. “Feels like even I cannot have any impact on the grid/ government comms,” he said.' No 10 neglecting Rishi Sunak’s more popular colleagues, laments minister ARCHIVE.PH archived 21 May 2024 20:20:50 UTC  
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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
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Licensed breeder Puppy farm & genetically sick pups.***Settled***


Lesley A

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33 minutes ago, Lesley A said:

I have won the case in full without a hearing.  

In mediation or you have a default judgment ?

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They will have to make application to set a side then...not that they have any valid grounds or any chance of success.

We could do with some help from you.

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8 minutes ago, Lesley A said:

I will be asking for a CCJ at the hearing for a charge on her property.  

 Charge not CCJ, why wait you can already with your judgment but its not the best way to execute a judgment as it merely provides security of your judgment and will sit there until the defendant decides to sell their property. Also if the defendant is a joint owner and the judgment is in his/her name only its placed as a restriction on their share of the value of the property. I doubt you would ever see any payment from the charge.

There are over options to execute a judgment and if your judgment is above 5K you can use HCEO.

We could do with some help from you.

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32 minutes ago, Lesley A said:

N293a is the form they told me to use- is that what you refer to with HCEO? 

Correct and its not your concern for the safety of a Bailiff..there have been recent developments in which Judgment of + £600 can now be transferred up to High Court for enforcement purposes.

If the judgment obtained in the County Court is over £5000 and the claimant wishes to enforce this by way of execution against the debtor’s goods, then it must be transferred up to the High Court for enforcement. This will be undertaken by a High Court Enforcement Officer.

An important development is that smaller claims (£600 and above) in the County Court, known as County Court Judgments (CCJs), are increasingly also being transferred up to the High Court for enforcement. This is owing to:
a) The High Court Enforcement Officer greater powers.
b) Unlike County Court Bailiffs, HCEOs also work within a private company and are paid on results – based on the amount that is collected.

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You may wish to wait a week and see if this Solicitors letter carry's any weight its pointless executing the judgment immediately if there is a threat of application to set a side....if they were to get a set a side (which I very much doubt) it would take precedent over your execution.

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You sit tight and see if their threat transpires..if they make an application the court will send you a copy of their application (n244) and evidence/statement in support of their application. You can then submit your own statement in response (within 7 days of the notified hearing date) with objections and evidence as to why the court should dismiss their application.

Lets see what transpires I'm sure it will be smoke and mirrors.

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17 hours ago, Lesley A said:

I have an update.  The breeders solicitor contacted me again today attaching a consent order for me to stay it for 28 days.

Stay the execution (which you have yet to start) not the claim, you have a default judgment that cant be stayed.

No set a side application then ? :classic_biggrin:

 

Andy

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38 minutes ago, Lesley A said:

Hi. 
I am trying to initiate the HCEO.  Can anyone help with the form please   

I am stuck on the N293a form. 
In the right sided box in section 1-  I have no separate ref numbers for claimant or defendant - leave blank or N/A or re enter claim number? N/A
part 1: there’s a box on the far right below the claim number section. Do I enter anything into the ‘ I intend  to enforce the judgement or order by execution …. … In the High Court and require this certificate for this purpose’.  What purpose? Settlement of order ok? 
section 3 - is that for me to complete?  Tick Writ of Control and sign
County Court Claim Number - is that ‘The Claim’  number.  Yes
I do not have a high court enforcement number? Does that follow? Do I leave it blank ?  Yes
top right hand corner, 2nd line:  To “?????’ Or ‘??????’  Leave blank
against ??? The breeder?  Yes
section A - does bailiff add costs there or my costs ( Iv paid £75 for the HCEO - Just enter that?). Your costs inc fee for HCEO
section B - I’d that the interest only amount awarded by the court? Yes 8% on the total
Section C - Possession of …. What- the total amount entered there? Plus my £75? Yes
Now, section C address for service - is that the breeders address or the address I gave for service which is their argument for invalid initial service or the ‘correct address’ she claims it should have gone to. Yes
it’s always the forms that get me.  

 

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Post# 75 final version

We could do with some help from you.

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  • 2 weeks later...

Its a request to stay the execution of the default judgment...given you have not started execution there is no requirement to agree to the consent. However its also a request for you to consent to a set a side application which without your consent they would find it very hard to achieve success.

As for the reserving of particulars then simply send them a further copy of the particulars.

You cant discontinue the claim now given you have judgment so forget the n279.

 

Andy

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11 minutes ago, Lesley A said:

Didn’t realise I had redacted the date.  
I’ll check and correct if so.  

You didn't ,that's for them to complete should you agree to the consent..which I advise you not to as per my previous post.

 

 

 

.

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  • AndyOrch changed the title to Licensed breeder Puppy farm & genetically sick pups.

I would hold off on the execution (if not submitted yet)now given they have now made application to set a side. If you could redact upload a copy of the their statement in support of the application please Lesley.

 

Andy

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4 minutes ago, Lesley A said:

For future ref, its only my details I redact ? none of theirs?

Correct ...no need to upload the n244 again. Their application will only be considered on if the correct process has been followed not on personal details submitted within the statement.

 

.

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Post unapproved please do not post external links to legal websites

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  • 3 weeks later...

You can submit your own statement in response with objections as to why the application should be dismissed.This must be filed and served on the defendant not less han 7 days pre hearing.

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Email and post hard copy will be okay a day or so

We could do with some help from you.

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Hear ?  Do you not intend attending ?

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You will be there to put forward your objections you won't hear from the court.They either get the set a side or not whilst your there.

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She ?  Rep ? If you mean defendant then as per the court hearing order "in person" they must attend.

It will serve you well to familiarise yourself with CPR 13 Setiing a Side varying a default judgment then you are familiar with the process and what is legally valid .

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Usual tactics to intimidate you and it sounds like its working. They are desperate and a last ditch attempt for you to consent to their application. As for 7K costs not a chance in small claims track...let the court decide at the hearing tomorrow.

Hold your nerve.

 

.

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Its only a set a side application hearing...costs are not on the agenda.

We could do with some help from you.

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You should be in and out within 20 mins and hopefully their application dismissed.

Dont forget to brush up on the link I posted above CPR 13.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

 

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So it is proceeding to allocation to which you will have to file a Directions Questionnaire N180....then you will be informed of the directions and hearing date.

You will have to draft a witness statement once the court has informed in which you will have to amend your pleadings slight in line with what you have stated above.

 

Andy

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11 minutes ago, Lesley A said:

should I send her solicitor notice I’m changing the amount incase it encourages that or wait for court docs? 
mo’s it my choice if I claim a refund or replacement so I can make it clear in WS. ? 

No you can clarify that in your witness's statement and the court should adjust accordingly

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  • 3 months later...
6 minutes ago, Lesley A said:

I have not posted as the defence were reading the thread. 

So what 

 

6 minutes ago, Lesley A said:

I am unable to go into detail

Why ? Consent Order/ Confidentiality ? This would be be invaluable to followers of your topic.

 

9 minutes ago, Lesley A said:

I note her name has gone from the heading of the thread.  Was this them ?  Them ? 

We could do with some help from you.

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