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    • Thanks so much for the pointer about what to read DX! Will do tonight. Still scanning exhibits. Half done.  As far as your previous question I sent to the court only on Friday just before closing via email my proof of income in 2017 (Jobseekers) to prove that I was eligible to defer as in my defence. I also sent a pack of letters from 2014 and also 2018 which Erudio sent me as my account was in remediation - meaning they did not send me annual statements between 2016 and 2018 and there was a problem with wrongfully saying I was in arrears in 2014. They blamed the original Student Loan company for that. It's on Erudio website under 2014 Remediation and 2018 Remediation. hey apologised and sent these remediation packs. they mismanaged my account and that's OK but if their client does not defer when they don't sent the form then they take them to court...
    • You apparently don't even know if there was. CCJ so I wouldn't worry about it. And if there had been a CCJ why might it not have been enforced up to now? You are right that if the CCJ exists  it is possible for a debtor (not a debt collector unless they have bought the debt) to apply for a court order to enforce after six years but this would be very hard for them to get. I can't remember when I last saw a successful case of this happening although it does happen from time to time. They would have to show exceptional circumstances why they had not enforced before. eg you had been out of the country ever since and only just returned. They would apply to the court under CPR rule 83.2.  That requires them to "identify" the debt but doesn't define how. That would be up to the judge. I'm  not a lawyer and I can't tell you if any court cases have decided what "identify" means but I'd expect the judge to want to see the original CCJ. Unless there's a back story here that you haven't told us I can't see you have anything to worry about.  
    • Not forgetting additional confusion about it changing from FCA Automotive Services UK Limited to CA Auto Finance UK Limited without ever being informed.
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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Hello to one and all! :D

 

Having just registered I thought I would just put a quick post to introduce myself. :)

 

Having been a hard working self employed tiler for many years now, only to have the world come crashing down around me because of family ill health, not mine thankfully, but my wife and father. The reasons for coming to this site/forum are because things can mount up very quickly (debt and more debt) through reasons outside your and other people’s control and I’ve had enough!! :evil:

 

It’s time to fight back people (not literally) and start doing something about these so called legitimate companies that are out there that will use any tactic, legal or otherwise, to get money from you that you may or may not owe!!!

 

Anyway, enough of my rambling, and just to say GOOD LUCK to everyone that has the nerve to say NO to these people through complaints/claims or otherwise. Oh, I hope this reads alright as my speeeling is realy bod.:rolleyes:

 

Cheers Moggy :D

Don`t let the Bar Stewards get ya down:):lol:

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Hello Moggy

 

Welcome to CAG. Before you start the process of getting your charges back, please have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print both of these out to refer to, so as to avoid having to ask basic questions later. Our aim is to make you aware of your rights as a consumer, enabling you to fight back against unlawful bank, credit and store card charges. In the website you will find information on how you could get your money back

 

Then look at other threads in your bank’s forum, so as you know what you can expect to happen.

 

You need to spend 2 or 3 days gradually getting your head round everything. If you find a forum/thread/post of interest, save it in your Favourites, so as you can always find it easily.

 

There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems. Remember it’s not a race, don’t rush, just follow the guidelines one step at a time.

 

Take your time and have a good read around this site. Then come and join us in our forum. Here we can guide you every step of the way. Please remember, we are here to help you help your self.

 

When you feel confident that you understand the process and the various stages involved, start a new thread in your bank’s forum and post your progress and any questions there and you’ll get plenty of help.

 

If you any questions please do come to the forum and we will only be too happy to help you!

 

Please also understand that any advice that you receive is normally based on experience and expert advice should be sought if needed.

 

All the info to get you started is here:

http://www.consumeractiongroup.c o.uk...se-read-these/

 

There are more links below to assist you get around the site.

 

Good luck

 

Ukaviator

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