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    • Good evening. Hoping to keep this short and concise. Any help really appreciated! Sent originated from council tax in 2019.  I moved address for a new career 240miles away in December 2019 and have lived here ever since.  A distant friend resides at previous address.  A CCJ was filed regarding this debt in January 2020 but no correspondence was received my end or at the old address.  Move forward to this year; early April I learn of a letter received from Bailiff - Notice of Enforcement dated 13/03. Stated I had ten days to settle a payment/payment plan or £75 will be added after ten days from 13/03 and bailiff instructed to visit.  Obviously I was unaware of this letter till well after the time period passed. Attempted to contact Dukes via email but zero response. Asked for breathing space in order to check the original debt with the respective council (I wasn’t awarded a week of Housing despite being on UC for a short period due to a contract date given by the old employer).  29/04 a note was left at the old address stating a bailiff had visited. New balance £310 more than original outstanding.  I’ve since contacted both the council and the bailiff agent to state I’m more than happy to settle the original debt over a payment plan but at this stage they will not remove the fees despite all correspondence not being sent to me and obviously me only seeing them much later than one would have expected.  Tried live chat today with the company and firstly was told the fees will remain because I spoke to the enforcement agent - I have never spoken to him/her.  secondly told the fees would remain because “I tried to use their web chat service to complete an income form” - I have zero recollection of doing this and I also wonder if it’s another tactic? any help on where I stand with the fees added would be incredible. Thank you
    • the evidence you have from Mercedes is perfect. simply write to both the finance company and the dealership that sold you the car, stating under the consumer rights Act 2015 should a fault appear outside of 6mts, it's for the consumer to prove the fault was present at time of sale. Please find enclosed a copy of said report from Mercedes at XXXX stating quite clearly that the windscreen was replaced on Date , some xxx months/years BEFORE my purchase on DATE. there is a bill to pay of XXX to XXX , i expect you to sort this out between yourselves , i am not liable for this. something upon those lines anyway.  
    • Not really. I just wrote it based upon my credit file data with screenshots and stuff.  Also referring to multiple data points. You need to read before sending or writing it.    I have plenty of experience in this stuff so takes me half hour to write something like this. For you itll take an afternoon probably. An additional day with it on your CRA wont cause a problem.     Reference Material; ICO Credit File Guide - https://ico.org.uk/media/your-data-matters/documents/1282/credit-explained-dp- guidance.pdf ICO Main Page For Credit - https://ico.org.uk/for-the-public/credit/ CMF Limitation Act 1980 - https://www.checkmyfile.com/articles/the-limitation-act-1980-and-debt-time-limits.htm Gov Limitations Act 1980 - https://www.legislation.gov.uk/ukpga/1980/58/2023-11-18 (Latest Version) Transunion 6 Years - https://www.transunion.co.uk/consumer/credit-report-help/how-long-does-information-stay-on-my-credit-report-for Equifax 6 Years - https://help.equifax.co.uk/EquifaxOnlineHelp/s/article/Howlongdoesadefaultedorsettledaccountstayinmyreport Experian 6 Years - https://www.experian.co.uk/consumer/guides/defaults.html#:~:text=A default will stay on,you still%20owe%20them%20money
    • Thanks fkofilee , by any chance is there a templete for guidance that i could use to help me write the complaint?
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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.

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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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mariejader v Abbey **DEFENCE STRUCK OUT!**WON**


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Check the BBC news Marie Business section, your money

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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Just thought I would do a quick update.

 

My AQ was with the Judge on Wednesday, I was keeping everything crossed for an answer by Friday, but when I telephoned to check I was advised they were waiting for the "order to be sent", god knows what that means any ideas?

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Just thought I would do a quick update.

 

My AQ was with the Judge on Wednesday, I was keeping everything crossed for an answer by Friday, but when I telephoned to check I was advised they were waiting for the "order to be sent", god knows what that means any ideas?

 

Your waiting on the order to be sent from the court out to you, by the sounds of it. Looks like you won't be waiting long anyway.

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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi mariejader,

 

I'm playing the waiting game too although it sounds as though you are about to overtake me!! My AQ had to be in by 1.4.07. I rang the Court last week & was told it's waiting to go before the Judge but she couldn't give me any indication how long it would take.....suppose they're pretty busy!!!

 

I've been using the time to read up on other threads & get a couple of my other claims started.

 

Hope it won't be too much longer now!

 

Villafan

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I spoke too soon....the Order has arrived from the Court - Aaaaaahhhhhh now the scary stuff starts!!! Best go & update my thread. I'm sure yours won't be long now, I was only a few days ahead!

 

Villafan

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Hi foxy,

 

I was just coming to visit your thread as you've asked alot of the questions I was going to ask (thanks!!! LOL;) ) re skeleton argument etc.

 

I've just posted my Order on my thread, it doesn't have as many points as yours but sort of seems pretty straight forward.... I think!!!!

 

It's pretty scary, but comforting to know there's a few of us at the same stage to help each other along. I'll move off mariejader's thread now & come & visit yours.....sorry mariejader for highjacking your thread!!!

 

Villafan

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Good news, I paid a visit to the Court today to see what was happening and whilst myself and my friend was talking at length with the Court Baliff the Court Manager came and found me and told me that my claim was back from the the Judge looking at it and he has struck Abbey's defence out

 

So I applied for judgement straight away I've won I think :D

 

By the way it was the same judge as this case

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/73352-defense-struck-out-judge-3.html

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FANTASTIC NEWS :D

Got my fingers crossed they pay up quickly.

 

You deserve this after all the work you've put in and helping dumbo's like me with their spreadsheets.

 

Picking brains time: any ideas about completing N150. Most of the stuff I've read is small claims and I wanted to be as spcific as poss with the AQ. I know there's a thread somewhere with info about this but as usual, I've lost the link. :(

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Thanks Trica,

 

Picking brains time: any ideas about completing N150. Most of the stuff I've read is small claims and I wanted to be as spcific as poss with the AQ

 

 

I think you would be better asking Charleyfarley that question, having said that he wanted to go fast track and his case is going small claims

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Fantastic news Marie!!!!:-D

 

Glad the AQ attachment did the trick, brilliant stuff!! Can you post up the wording of the order please?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Fantastic news Marie!!!!

 

Glad the AQ attachment did the trick, brilliant stuff!! Can you post up the wording of the order please?

 

As soon as I get a copy myself from the Court I will post it.

 

Thanks for you help Gary

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