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    • 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.  

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    • 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.
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      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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Statuary Demand threat from dcb legal.


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I just want some advice on statuary demand under section 288 1a.

I'm in debt for a computer and the debt is £7k and now I've been sent an email stating if the debt plus other costs are not paid they will make be bankrupt.

My concern is, I own my home outright (inherited) and from what I've read online, I'm reading that i could lose my home or be made to sell.

Is this a likely outcome with the debt been only £7k I'm in receipt of esa and suffer mental health issues (not after sympathy), so financially I'm not able to pay the debt as I have other debt as well, so im quite concerned about this situation.help and advice would be gratefully recieved.

many thanks 

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  • AndyOrch changed the title to Statuary Demand threat from dcb legal.

Topic title amended

If you could provide a little history re the actual debt amount date you entered in to the agreement, type of agreement, default date,  original creditor name whether its been assigned etc you will get a positive reply.

Please scan redact and upload a copy of this email from dcb 

Andy

 

 

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SD's cant be served by Email

its a threat-o-gram.

have you moved since taking the HP agreement out for the PC and who is the original creditor?

 

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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when was the last payment you made?

and who are DCBL claiming is their client?

who are they acting for?

poss copy and paste the email here?

if you've moved since taking out ANY credit you MUST always write to the debt owner with your new address else you rick backdoor CCJ 's.

dx

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

For clarity if they ever do serve

How do you serve a statutory demand?

A statutory demand must be brought to the attention of the debtor and there are various ways of doing this:

  • The safest method of ensuring this condition is met is to personally serve the demand on the debtor, by handing it to the individual, or in the case of a company, leaving it at the registered office address.
  • If the debtor’s current residential address is known, it can be posted by mail. However, this is not recommended given the real possibility it will not reach the debtor’s attention, and the uncertainty created by this method leaves open the likelihood of a debtor simply denying the demand was ever received.
  • More commonly, demands are served by email to an address known to be regularly used by the debtor. It is helpful in these cases to also send a copy by post. Once acknowledged, the debtor is unlikely to have an argument that the demand was not received.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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