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    • a CCJ does not 'expire' thus does not need any application to a court to 'extend it'. if a CCJ has not been enforced within 6yrs, then it is very unlikely any court would grant such should the claimant return to court, of which the defendant would be advised -( unless they have moved and not informed the court & the claimant such) .  
    • I contacted them when it happened. The caretaker came over, looked at it, and walked off with the tree chunks of mortar. Next morning, they had a roofer come over and enter our garden to inspect it. Friday they were supposed to speak with a scaffolding company. I had to bring up liability and potentially calling the council to report 'an unsafe structure' before they even got moving. They know all about the wedding, the preparations, our patio contractors etc. but their attitude doesn't instill me with confidence. My fear is it will end up being a legal matter which is why I posted here to hopefully receive some advice. As far as I can see, the roof is in a state of disrepair, even if it's just the mortar breaking lose due to the size and weight of the chunks - and even from ground level it's visibly clear that multiple pieces have fallen over time (though never this size so we haven't been able to identify the issue till now - we thought it was rubble left in the garden by the previous owner). Currently, we can't use 25% of our garden due to the risk of more falling mortar which is more than just an inconvenience, we can't proceed with our contractors, and at worst, it will run up in several thousand of extra expenses for us, if we have to find a wedding venue. Even if they do have it fixed in time, and we have to settle for renting a marquee and floor for the marquee and furniture and whatnot it will be additional costs only due to the neighbour's roof.
    • It will be years before Banks would sell to a debt buyer.  Sometimes Banks will use external debt collectors to try to collect, but generally Banks don't take Court action.  So you could be looking at 3 to 6 years, before any dca owning debt looks to take any Court action. And it is not definite that this would happen. So no need to feel pressured at this stage. In the event you found yourself unemployed, you have time to engage with Banks to advise of your situation and ask for time to deal with the situation, find new employment. As long as you inform the Banks they will offer assistance they can. E.g offer payment holiday or accept reduced payment for period. What you should not do, is not contact the Banks and simply default on payments. 
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    • If you are buying a used car – you need to read this survival guide.
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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.  

      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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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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Judgment Entered against Barclays ** SETTLED IN FULL **


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Please dont worry about going to court, I am a police constable of 20 years standing and go to court requlary. The oldest trick in the book is to test your bottle and take you up to the last minute , stand your ground believe me they are sweating more, stick with it

H:)

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Hi everyone, thanks for the messages, it gives us all confidence to continue into the scary world of bailiffs and warrants. I tried to request a warrant online just now but made an error with the amount and had to contact the court to block it. I can't request online now but have filled in form N323 and am just off to the post office. I'll keep you informed.

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Ok, what will probably happen is that Barclays will contact you to say that they want to apply for a set-aside, and that they will pay you in full as long as you don't object to it.

 

Be aware that objecting to the set-aside would cause delays and that a judge would be extremely likely to grant it and set a date for a proper hearing a few weeks down the line. Then Barclays would settle a few days before that hearing. That certainly has been their modus operandi for a while.

 

Be ready for a phone call, and make sure they are aware you will only call off the bailiffs once settlement has reached you. Don't forget to add your warrant fee to the total they have to repay, if not already in the total figure.

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Well our claim has now been transferred to Leicester Crown Court as this is closer to the defendant's address (I used their Leicester customer services address from which all their correspondence has been sent). The warrant has been sent to the court so we'll just sit tight and wait now. Still no phone call from Barclays offering to settle so we'll have to see what they say when the bailiffs call round.

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Hi Bookworm, I'm just waiting for the phone to ring but it seems Barclays are stalling for some reason. Wish they'd hurry up and get it over with, our claim's been going on for months and months. But, like you say, the surprise will be worth it in the end.

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Still not heard from Barclays regarding the judgment against them. I've just contacted the court but they haven't received the paperwork for the warrant yet and they said it would probably be a couple of weeks before the bailiffs go in. Could someone please advise if I should contact Barclays (I've got 2 numbers 020 7116 4523 / 5634) to let them know that the judgment's been issued? Just thought it might hurry them up into settling. Thanks.

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Thanks, Crispdust. I'm just getting anxious and want the whole thing finished with. The paperwork for the warrant should be at Leicester Court now but I've been told it could take 2 weeks for the bailiffs to go in. Do claims normally go this far? I expected Barclays to settle before now to be honest.

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Thanks, Mr Rob. Good luck with your claim too. Let me know how you get on. I've just emailed Leicester Court to make sure they've received the warrant paperwork, as soon as they get back to me I'll update my thread.

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Hi everyone. The warrant request has now been received by Leicester County Court although they've advised me that it will take a couple of days to process before the bailiffs are contacted. Can't wait hee hee!! Strange that the judgment's been issued, bailiffs are on their way but still no call from Barclays offering settlement.

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Thanks, Laineybelle. I'm beginning to think I must be invisible or something as I've not heard a peep out of Barclays yet. I'm going to call the Court tomorrow to see if they've issued the warrant as they said it would take a couple of days. Then they send Barclays a letter informing them of the imminent arrival of the bailiffs apparently. Maybe then I'll have the long-awaited phone call. Like you, I wish I could be a fly on the wall when the bailiffs turn up hee hee.

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Keeping you updated, I've just heard from the Court that the warrant was issued yesterday and passed to the bailiffs. Still no phone call from Barclays so let's see what happens when they get the letter from the bailiffs advising them of their visit. Surely the much anticipated phone call from Barclays offering complete settlement can't be far off now hee hee!

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Just a quick reminder to everyone to use the HO address at London on your claim. I used the Customer Services, Leicester LE87 2BB now the bailiffs can't find them. We tried a dirty trick (it's against Barclays so it's not that bad) and rang the Customer Services Leics number and said we had a parcel to deliver to them but we couldn't find them. They were adamant they wouldn't give us their location and said we'd have to take the (imaginary) parcel to any branch in Leicester and they'd collect it from there. Strange eh? Anyway they won't get away that easy. The bailiffs have said that if we let them know the address of any Barclays branch in Leicester they'll happily call round soon. I've also just managed to find a map of the Customer Services location on 192.com and so will send this to the bailiffs too. We'll get em in the end!

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Barclays may have slipped up - they are VERY busy at the moment.

Not your problem though.

When you ahve a date for baliffs to do their stuff, give Barclays a call and see if they want to avoid embaressment and splash across the papers. ( and add on some extra "expenses" for the privilige... :)

Keep in touch with the baliffs. They will appreciate settlement before they go in.

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Do you think I could get a job at the bailiffs in time to be involved in the Baclay's job?!?! How good would that be, taking a judgement into HQ and collecting a wad of cash!!!!!

 

Its good to know Barclay's are so busy they have let this one slip! Good luck Keriat!! Extra kudos for the 'secret' address find on 192! Could you ask the bailiffs to film it?!!

It's my money...

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Way to go keriat.

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

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http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

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