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    • No I get what you're saying and that is fair enough if that's the way it is, but the issue is that the Judge has agreed that I part exchanged my car against a new car but then failed to acknowledge that it was a deposit of some form. To trade my car in and get a discount of a new car constitutes as a deposit by legislation. The Judge has conflicted himself and this is where he is misinterpreting the law.  I also shouldn't have had a scrappage discount and a dealership discount together, it says so in their terms and conditions, which in itself makes the agreement improperly executed at the very least.  This may all make more sense when I upload the trial bundle, it's over 160 pages though so taking a while to redact my information 
    • the scrappage scheme is nothing to do with the agreement ...sorry. it's an enticement to purchase a replacement vehicle. just the same as shop signs that say 50% off or whatever.  its a done and dusted deal done before you enter into the agreement for the remaining £sum. 
    • don't get too hung up on the real meaning of 'fake' in terms of the documents a claimant might produce relating to a potential court claim. by fake we typically mean, they are not obviously the 'real McCoy' ,100% associated with whatever credit they are trying to pin on punters. they are often of the right 'version' that an OC would have used for that particular take out date, but with details inserted in a diff font where they should be for say your name address DOB etc. All DCA's typically  have filing cabinets covering each year for most creditor, whip 'em out, scan and copy n paste your details onto them, even easier now with online sign ups. no hard copies ever sent cause 90% of mugs have lost them..... one of our most powerful tools is the fact any docs they produce, unless they state they are 'a reconstruction'  MUST come from the original creditor noty some hidden pile the claimants have. Link are absolute masters at this so dont stick to lowell threads. dx    
    • Driving home last night I contacted wing mirrors with a car coming the opposite way. The wing mirror folded in and the glass popped out. Very minor damage.  I stopped at the next layby (A road) to repair the mirror. A passerby stopped and said they saw the other car stopped behind me in another layby - they went back and passed over details so we could get in touch.  The conversation started cordially, but quickly got heated when I said I was well on my side and they drifted over (which is what happened).  I wasn't going to bother filing a claim as there isn't enough damage to justify it. I've said to the other party lets just call it quits as there are no witnesses and we both think we are innocent.   they said they are contacting the police and insurance and that they have witnesses. But a quick facebook search found a post by the other person saying they were in a crash, and were 'spun' off the road. Picture of a broken wing mirror and a slight scuff on the front and rear wheel arch. they are asking for witnesses. I have screenshots of the post, and sent them another message saying I can see you don't have witnesses as you are appealing for them. I'd really not drag this out. Lets call it quits and move on. this was followed by a couple of messages that didn't really make much sense. e.g. 'do the right thing'. What should I do now?  Contact police?  Contact my insurance? - Can I tell them about this incident but say I dont want to claim? Will that affect my premium?  
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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.
      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.
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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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Try posting this in the Debt and Bailiffs Forum.

 

Regards, Rooster.

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:confused: can anyone help me....... i need to know how to get back charges that have been put on my account read something about a s7 form where do i find it is it the data protection act 1998 that we use for bank charges ?
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Hi welcome to the site.

I will move your post into the baliff section.

Maybe you could add a little more info to the story too ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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You need to send the sar off with a £10 cheque/po to the bailiff company. This can be found in the banking template adjust it to your needs and send off. i am currently in a similar situation where the bailiff company is denying recit of the sar.

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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Guest MizzPiggy

Hi there...here is a template to copy and paste. Don't forget to log when you send off.

Alison

 

Data Protection Officer

Bailiff Company

Date:

 

Dear Sir or Madam

 

Subject: Access request under the Data Protection Act 1998 Section 7.

 

Their reference

Your name and address

 

I enclose £10 and would be grateful if you would please supply a full set of your paper & computer records connected in any way with these matters or with me and include all reference checks or 3rd party checks you have done with other organisations on my behalf.

I have enclosed a copy of the Acts that I am requesting this information under and have been informed that there is no exclusion for rights to this information.

 

I would also request an itemised account of the charges that were levied against me in printed format and a request for the Bailiffs name that attended.

I would be grateful if you would ensure all efforts are made to fully comply before the 40 days allowed under the Act.

Regards,

Your Name

 

 

SEND ALL CORRESPONDENCE BY RECORDED OR REGISTERED DELIVERY AND KEEP ALL ENVELOPES FROM BAILIFFS.

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Thanks watchdog unfortunately i have already sent a letter from templates the data protection act 1998 not the one wrote, is it worth me sending your letter to them agian as i have now found an old account with them that had charges put on, the account was in 2003 . The account that i have with equita now is almost paid up but they have put on 200 hundred charges for calls to my house witch i have no record of them calling (no letter was left to say they had called ). when spoke to equita about this was told the bailiffs dont always leave a note to say they have called to me that means they can add charges when they feel like it . This account was past to them by birmingham city council for 218 pounds ( sorry my pounds sign want work ) i phone them up and offer to pay 5 pounds a week which was ok with them after 3 weeks my payment book had not arrived so phone them back up was told my account was now with a bailiff and i had to speak to him about it .When first spoke to him he hadn"t even got my account still to cut a long story short after about 15 calls to him set a payment plan up for 10 pounds a week told him as i am out of work at the monent(first time in 30 years) it was a lot to pay told it was that or all the money in 1 go . As it cost 1.95 each time you pay at post office was paying 20 every two weeks a week in front every time . In november got a letter say as i have keep up my paymemts full payment is now due, agian after many phone calls got it back to 20 every two weeks . A few weeks ago i phone equita to find out how much i own them and was told a further 200 as 2 calls was made to my home in september,

,but when set up plan with first bailiff for 10 pounds was told my bill was only 218 so where has the charges come from and 200 is a lot for supposedly 2 calls Hope you can help me with this matter thanks :mad:

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  • 2 weeks later...

Got letter back today 20.02.2007 in it the bailiff have put on 120 pounds enforcement fees . I have just phone them to ask what the fees r for was told for a bailiff visits to set up my payment plan with them ,as this was done over the phone and no visit was made how do i go about the charges. I was also told by dawn advice services that they can only charge 22.50 for the first visit and do not gain entry, 16.50 for the next visit if they agian do not gain entry. When spoke to equita was told to write in agian to find out dates when bailiff visited me , do i put in the letter that i know that they can only charge me some much or not some help would be greatful.

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Issue A N1 Claim Form For The Whole Amount Including Fees And Let Them Explain In Front Of A District Judge.

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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is ther a lot left to pay off ?

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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about 43.00 off det the rest 39.00 bailiff fees and 120.00 enforcement fees

 

The £39 bailiff fees are legitimate but I would question the others. Have they entered your property? I am having the same trouble with the same company. National Debtline sentme a factsheet. If no levy has been made, no further charges can be added. It's extortion. How do these people sleep at night knowing their wages are paid for from other's benefits? Madness.:-x

 

 

mike

Data Protection Act sent 11.07.06

1st offer of £94 received 14.07.07(no thanks)

Statements rec'd 27.07.06 Total charges £591

2nd offer received 04.08.06 £281(refused)

LBA sent 14.08.06

FLBA sent 01.09.06

N1 Papers to Court 11.09.06 £722

Issued 22.09.06, Deemed served 26.09.06

Letter received 27.09.06 Paying in full within 5 days!:p

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CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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The link works OK for me, what problem are you having?

Data Protection Act sent 11.07.06

1st offer of £94 received 14.07.07(no thanks)

Statements rec'd 27.07.06 Total charges £591

2nd offer received 04.08.06 £281(refused)

LBA sent 14.08.06

FLBA sent 01.09.06

N1 Papers to Court 11.09.06 £722

Issued 22.09.06, Deemed served 26.09.06

Letter received 27.09.06 Paying in full within 5 days!:p

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Down load adobe from Adobe

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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