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    • Can't remember the original creditor now but it will have been a CC. Last payment to OC would have been a long time ago, as I recall, I think it was almost SB when they took it to CC - around 12 mths left ish. Thx, I'll wait to hear from the court then.
    • for lowells then.  i could instruct my dog to sit, if it does is a totally different matter.. whats the debt and when did you take it out? and when did you last pay it? you know the game from the info we asked you in your current claimform thread. bottom line  ignore them. nothing they can do. thats just a std threat-o-gram sent automatically by email which is a freeway to try and scare you. the debt is >£600 so in all truth they could even use HCEO's but eitherway and even for a charging order, they STILL have to return to court to ASK the court to allow bailiff use or apply for a charging order, and if any of those were to be attempted, the court would write telling you giving you the opportunity to object.  might be the best option as when its back in court you could then demand they show you the signed credit agreement   ps you wont its nothing to do with them now. the claim was adjudged. dx
    • The payment plan was made officially through the court who accepted it. It has always been maintained apart from as explained.
    • Sorry was typing on the hop.  The contact number that Shiply provided me for AirSpeeder when they also took my items ( I have my own thread about it on here ) is showing on Whatsapp as being a company called Agench Ltd.  I have found other contact numbers for that person under the Agench Ltd company name so have sent them messages also x
    • so Lowell is the current debt owner? Was the payment plan made through the courts or informally with them?
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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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Parking Eye ANPR PCN Claimform - Barnet hospital EN5 3DJ


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The PCN does not comply with PoFA. They did not ask that the keeper paid the charge Schedule 4 S9 [2][e]

Also there is no mention of the parking period which is a must. All they give is the arrival and  departure times which are not the same thing. 

So the keeper cannot be pursued for the amount allegedly outstanding. Only the driver is now liable and as anyone with a valid motor insurance policy is allowed to drive that car and that could be anyone out of thousands of drivers. And the Courts do not accept that the keeper and the driver are the same person.

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  • 2 months later...

I take it from your original post that you were not the driver but you are the keeper?

if that is the case then you are in the clear. The PCN does not comply with the Act so only the driver is liable to pay the debt and the keeper cannot be pursued. 

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