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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.

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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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Manicblonde V Hsbc


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nope you are brand new freaky. am still new mesen. and never thought of it. just wanted to give mani the draft directions............ ( and no I am not blonde!!!!) dont i get any points fo rthe lack of typing errors at the moment........;)

rockin all over the world

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  • 3 weeks later...

Right sent my Draft order for directions to the court 21/6/07 asking that within 14 days of service of this order the claimant (who I think is me) will sned to the defendant and the court the info detailed in my draft order and that the defendant will do the same (within 14 ddays)

 

Just realised that the 14 days were up on the 5th July! As I had not received anything from the court have I now compleetly cocked things up by missing this even through the court has not yet replied to my drafts direc tions??

 

Oh my god think I have just about lost the plot by not reading what I bloody copied!!!!

 

Any advice please?

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Don't panic, manic.

 

If the court haven't replied, then they haven't made the order you have requested. If they make the order then they will notify you straight away and your fourteen days will run from the date that they serve you with notice.

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OH THANKYOU, THANKYOU. THANKYOU!!:D

 

I had a horrible feeling all the naggin over the last few months had just gone down th drain as I did not read my draft directions slowly enough before sending them!!:oops:

 

Thankyou again! Just leaves me enough time to put another nudge in the post this evening!!:)

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Thanks for that FL. I will ring them this AM. Good to know that there are a few on this site going to court the same day and time as me so I can keep up to speed!!:D

 

Sent another letter to dg including another copy of the draft directions just encase the last one got lost:rolleyes: . I have still not received any response from them! I have no complained to the Financial Ombudsman about HSBC part in this matter and await their response!

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Completley off the subject of bank charges, can anyone tell me how I get the little picture up under my user name like most other people have on here? Being dumb and blonde I cant figure it out & this is the first time I have ever used a forum!:o

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I have just posted this on another post as well, but, can somebody tell me, If I have sent written directions to the court can I still attend the hearing on 14/8/07 @ Cardiff?:confused:

 

thanks

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I Hope so My car is in desperate need of a service and I have been putting it off inthe hope I could splash out on a new timing belt!!!:D

 

Looking around the postings there are loads of people due to attend court on the 14th August! Hope they have a large waiting room!

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I think they're probably counting on a batch of early settlements too.

 

Of course, this is only for directions, so it may well be that DG will just let it pass and see what sort of directions come out of it - there is no such thing as a bad delay as far as they're concerned.

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Hi Manic Just came across your thread via De1954's thread. Did you know about the get together for the Cardiff Crew TOMORROW at Prince of Wales pub in St Mary St from 1 pm - top of the stairs. Seems there are about a dozen of us down for the 14th meeting there. Arcadium_stadium has been organising I only got to know of it yesterday. Maybe see you there - If not then on 14h

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Hi Mostyn,

 

Got ur message but had already told stadium I could not make it as we have been at horse shows all weekend!!

 

Can anybody tell me If I need to send in a statement of evidence for this hearing as I have only sent draft directions up to now. If I do need to send one are there any templates worth taking a look at in the HSBC section?

 

Cheers

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  • 2 weeks later...

I have sent written directions to the court and the otherside in readiness for the direction hearing on 14/8/07. Will I actually need to attend court this day or will the written directions be enough? Can somenody please let me know?:confused:

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