Trade Centre uk/Startline Motor Finance - and Jonathan Hall, DWF Law - solicitor (apparently)

[shellyh24]

I will have a proper look through my emails

I have a feeling this conversation was had on the 27th November on the phone as I remember calling them to log the complaint and then crying telling them I need them to sort me out a hire car

I am unable to use public transport due to disabilities and they completely ignored me and said they cant do that.

I asked them what can I do then as I am a disabled single mother with 2 children to get to school and they said it wasnt something they could help with! 

[BankFodder]

If we haven't suggested before, I suggest that you send them a subject access request. It might produce some useful information concerning what they know about your full abilities/disabilities

[shellyh24]

Just got through to the court.....

My CCJ has been processed on 23rd Jan and is on it'd way to myself and the defendant!!

[BankFodder]

Brilliant.

Start looking at high Court enforcement officer services

HCEO

As soon as you receive the judgement begin the enforcement procedure unless the judgement gives a certain amount of time to pay and that time has not been exceeded.

Please let us know when you get it.

When you look at HCEO sites, you will find that it costs about 60 quid or so to transfer your county court judgement to the high court. 

You will get that back on enforcement.

Also, check on the website to make sure that if they fail to enforce, you will not be charged any fee.

This is the normal arrangement nowadays but check and if necessary telephone the HCEO service

The business of transferring the county court judgement to the high Court is called transfer up service. This will almost always be undertaken by the HCEO service.

Make sure that you choose an HCEO company which will do this

Also I suggest that you send the finance company a subject access request straight away.

There will be interesting to see what kind of work they have done on this so called investigation

Of course don't refer to the judgement.

Simply make the statutory request.

Use our template as  the basis.

Subject access request

[dx100uk]

contact someone like the sheriffs office

they'll do everything for you.

[BankFodder]

The Sheriffs Office

WWW.THESHERIFFSOFFICE.COM

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Welcome to The Sheriffs Office, the experts in debt recovery and enforcement services across all of...

 

 

[shellyh24]

I have done an SAR letter and signed it. Do i send it recorded delivery? 

[dx100uk]

read all the posts in the sar thread

[shellyh24]

I have sent off the SAR.

I also have the CCJ in my hand today!!

It doesn't give a time for them to pay, says you must pay the claimant FORTHWITH...

I can ask the court bailiffs to enforce this by applying on the moneyclaim online service or I can go to the HighCourt but has to be a paper form to apply.

What is my next step? 

[AndyOrch]

2 minutes ago, shellyh24 said:

pay the claimant FORTHWITH...

The meaning of FORTHWITH is without any delay : immediately.

[shellyh24]

I wonder if they even know about all this... the companies house address is probably just a letterbox lol

 

Also I have the CCJ now but neither TCUK nor the Finance Company have accepted the rejection... they are still fighting me on it.

[BankFodder]

Put the CCJ info enforcement by HCEO now!!!

[shellyh24]

ok before I submit i was wondering are they able to enforce if the finance company hide at their Scotland address? 
Also it says claimant in person £161 is that correct? Ive done it via the sheriffs office link above

[BankFodder]

I think the best thing to do is to leave it entirely to the high court enforcement officers.

Have you gone onto their site and have you started the process?

To have then leave it to them.

And be aware that once the finance company suddenly realises that there is a judgement against them they will try to get a set aside. But at least they will have taken notice and we will help you on the next step

[shellyh24]

thats what im scared of.

im scared they will suddenly realise and get it set aside and i cant really afford to lose £161 fee if thats going to happen...

also there is no way they are going to help me even if they know there is a judgement.

they have already sent me a final response which says they are backing TCUK and their report which says the faults are serviceable items.... it says if im not happy to go to ombudsman.

Utterly ridiculous considering the car was not up to date on services, missed 3 services, that was the whole reason i made a complaint in the first place and look what happened to the car due to lack of maintenance!

Hardly my fault or responsibility! 

[BankFodder]

First of all, if there is a set-aside application, you will argue that they should be responsible for their own costs because it was they who haven't reacted to the claim and any costs incurred as a result of that is their responsibility.
I expect that this would be a winning argument and they would have to bear that.

It's up to you whether you want to begin enforcing the judgement that if you don't then you have certainly lost your claim fee and frankly I think you will have lost the case completely.

I am sure that it is very difficult for you but I don't know what else to suggest.

I'm afraid that when you begin complaints procedures you either have to go all the way are you simply have to give up – and accept the loss and learn the lesson for next time.

Do I understand that you have the judgement that you haven't done anything about enforcing it yet?


 

Did you send them a subject access request?

[shellyh24]

yes, i literally received the judgement in the post today though so its only the first day i could do anything. 

I have applied via the sheriffs office as far as putting the online form in but have not yet attached payment to instruct them as i am worried about this whole scottish address thing...

I have put on the form that the companies house address is in london but having done some research i genuinely think this is just a mailbox.

i have also put the glasgow business address but i see they dont cover scotland so nobody will ever visit there to enforce.

I wonder if this is why they are ignoring the court, i wonder if they have got round this whole system by having a glasgow office? 

it says on the sheriffs page ........

Can you enforce judgments in Scotland?

No, Scotland has a different system.

[BankFodder]

What address did you put for them as defendant in the case?

That is the address that the judgement will be enforced against

[shellyh24]

it says address and i put the london companies house address then it says is there a secondary address so i put the glasgow business address
Im imagining they will turn up at london and there is no office there then im stumped and cant do anything.... 

[BankFodder]

Thank you but this doesn't tell us what address you used

[shellyh24]

Startline Motor Finance Ltd
6th Floor 60 Gracechurch Street, London, United Kingdom, EC3V 0HR
This is the address on the judgement as you cannot file for a scottish address 
 

And secondary is:
The Skypark, 8 Elliot Square, Glasgow G3 8EP

The glasgow address is where they operate from

Edited January 29 by shellyh24

[BankFodder]

I'm afraid that we didn't understand that their offices are in Scotland.

You have give these people a ring tomorrow

Can an English CCJ be Enforced in Scotland? - Shergroup

SHERGROUP.COM

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Introduction | When it comes to debt collection, the jurisdictional boundaries between different countries within the United Kingdom

of course, is it certain that their London address is simply a registration address with nobody there?

[shellyh24]

it is not 100% no but we had this conversation on the bottom of page 5. I asked on here which address to use as there are 2 addresses on all letters from them, the Glasgow one in the top right of letters and companies house registered address in London on the bottom. ... we tried to work out if it was an actual office and it didnt look good on google street view and trying to look it up online. 
 

[BankFodder]

It might be a good idea to give them a ring tomorrow and asked them if they have offices in London with staff there or is it simply a registered address.

No need to disclose anything – but they might let you know. You could tell them that you want to give them a cheque that you don't want to trust it to the post because Royal mail is in such a mess at the moment. Something like that

[shellyh24]

this actually made for interesting reading...
 

Registered office address: what it is and why it's needed

WWW.INFORMDIRECT.CO.UK

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Every UK company must have a registered office address. We look at what the registered office is and what the legal requirements are.

with what i have just read in mind, it appears they cannot say they didnt get it as thats just a post box etc as it states it HAS to be available to receive signed documents and letters from government authorities such as HMRC and I would expect Courts and Tribunals.