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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.

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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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From what i've read this seems notoriously difficult to do.

 

If we assume the company has the funds and assets to pay the judgement

though choose not to. how can i enforce it.

 

a warrant of execution is (in practical terms) useless as the court bailliff doesn't have the power

to take items a company might use to earn income.

 

attachment of earnings is applied to individuals and not companies themselves.

although aren't companies treated as entities in law?

 

orders to obtain information and third party debt orders. since the company in question

has a government mandate to collect levies from private companies. i wonder if i could

use this as a third party debt owed to my debtors?

 

a charging order. can i obtain a charging order on a mobile crane? does it have to be

property in the company's possession?

 

bankruptcy and company insolvency are too time consuming and costly.

 

p.s. under section 75 of the consumer credit act could i have the bank pay for any judgement

(including unspecified amounts\damages) awarded to me?

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If your judgment is for more than £600-00 then have it transferred up through the High Court - cost £50, a High Court Enforcement officer will then be assigned - they are more tenacious than the CC Bailiff. If they do fail then you may be due to pay an abortive fee of £60 +VAT. The HCEO does not send a letter to say he is coming but just turns up so no chance for them to hide things, he will seize goods first.

 

PT

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Winding up petition costs around £150 best way to go if its LTD

˙os op oʇ pǝʞsɐ ssǝlun ǝƃɐssǝɯ ǝʇɐʌıɹd ʎq ǝɯ ʇɔɐʇuoɔ ʇou op ǝsɐǝlԀ ˙pǝɹnɔɔo sǝssol ʎuɐ ɹo ǝɹnlıɐɟ ɟo ʇlnsǝɹ ɐ sɐ ǝlqɐıl plǝɥ ǝq ʇou llɐɥs I ˙llıʍpooƃ ɟo ǝɹnʇsǝƃ ɐ sɐ os ǝuop sı uǝʌıƃ ǝɔıʌpɐ ʎu∀

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rummaging around i found what i was looking for. for anyone who maybe in a similar situation.

a statutory demand is what you need to enforce a CCJ.

 

Stat demand is only step 1 which obtains a CCJ to enforce it the OP needs a winding up petition

˙os op oʇ pǝʞsɐ ssǝlun ǝƃɐssǝɯ ǝʇɐʌıɹd ʎq ǝɯ ʇɔɐʇuoɔ ʇou op ǝsɐǝlԀ ˙pǝɹnɔɔo sǝssol ʎuɐ ɹo ǝɹnlıɐɟ ɟo ʇlnsǝɹ ɐ sɐ ǝlqɐıl plǝɥ ǝq ʇou llɐɥs I ˙llıʍpooƃ ɟo ǝɹnʇsǝƃ ɐ sɐ os ǝuop sı uǝʌıƃ ǝɔıʌpɐ ʎu∀

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OP remember you would have to post it in London Gazette that you have issued a winding up petition so any other creditors can get a chance to come forward

˙os op oʇ pǝʞsɐ ssǝlun ǝƃɐssǝɯ ǝʇɐʌıɹd ʎq ǝɯ ʇɔɐʇuoɔ ʇou op ǝsɐǝlԀ ˙pǝɹnɔɔo sǝssol ʎuɐ ɹo ǝɹnlıɐɟ ɟo ʇlnsǝɹ ɐ sɐ ǝlqɐıl plǝɥ ǝq ʇou llɐɥs I ˙llıʍpooƃ ɟo ǝɹnʇsǝƃ ɐ sɐ os ǝuop sı uǝʌıƃ ǝɔıʌpɐ ʎu∀

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  • 3 weeks later...

I beleive you do have to make sure the company is solvent to petition the court otherwise your paying money for nothing.

 

Pop_gun, also, just to clear up something I've noticed in a couple of your postings. A companies Debtors owe the company money, as they are in debt to the company . The companies creditors owe the company money (suppliers, loan, mortgage etc), hence a creditors winding up petiton etc.

 

Basically, your debtors owe YOU money and you owe your creditors money.

Edited by Vintage123
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If your judgment is for more than £600-00 then have it transferred up through the High Court - cost £50, a High Court Enforcement officer will then be assigned - they are more tenacious than the CC Bailiff. If they do fail then you may be due to pay an abortive fee of £60 +VAT. The HCEO does not send a letter to say he is coming but just turns up so no chance for them to hide things, he will seize goods first.

 

PT

 

 

 

Agreed, HCEO are they way to go in this case.

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