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    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
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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.

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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.
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      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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Vauxhall ampera problems


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It would be helpful if you could give us your story bit more carefully and properly punctuated. It's very difficult to understand quite what you are saying in a way that you presented it.

 

Thank you

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ok so last year we bought a ampera in september,and since then its been in the garage for same repairs under warranty.every time it goes in for the display it comes out with new display and unto 7 days later it goes again, this happens for all 8 times each time its in garage for 30 days at least for repair,becuase it has to go to specialist electric car dealer in newcastle we are in leeds,

 

when we bought the car last year we paid £3000 deposit and the remainder £14000 on finance,so after 8 repairs and not been able to drive it much we have said to dealership enough is enough and wrote a letter to say we wont to reject his car now.

 

so the dealership has said we have 2 options we can hand the car back get our £3000 minus the 5 months we paid finance .and car less.

 

or let the vauxhall do repair again under warranty and fingers crossed

 

but we have had a case opened with vauxhall customer services since last year.and we said to them look the manufactory warranty runs out 2018 but if we let them fix it we would like extra warranty given for piece of mind after woods but they said no where do we stand

Edited by honeybee13
Paras.
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Thank you.

 

The dealership is wrong. Under the Consumer Rights Act, within the first 30 days of the purchase, if a defect materialised then you had the short-term right to reject. You could have taken advantage of this but unfortunately you have now missed the boat. Once again under the CRA, within the first six months of the purchase you have a limited right to reject meaning that the dealer must be given a single opportunity to repair the vehicle and if they are unable to do so or if the repair fails then they are obliged to refund you or to replace the vehicle at your option.

 

You are lucky because you are just within the six months. You must write a letter immediately to the dealer and give them notice that you are asserting your right under the Consumer Rights Act and that they have an opportunity to repair the vehicle and if either the repair fails or if they refuse to do so then you want a refund, or replacement – (tell them which you want). Tell them that these are your rights under the CRA and that if they will not comply with their obligations under the legislation that you will enforce them in the County Court. I would suggest that you copy the finance company in at the same time because under section 75 of the Consumer Credit Act the finance company can be held liable instead.

 

Get this letter to your dealer now. Make sure it is sent at least by recorded delivery and maybe drop a copy off to them as well for the avoidance of doubt.

 

In terms of what are you entitled to recover, you entitled to recover all of your expenses – including the cost of credit et cetera with a deduction for the use that you have had of the vehicle. From the sounds of it, you have had a pretty patchy use and so I would expect that in a court you would be able to argue further almost a total refund.

 

Don't take any nonsense from the dealer. It sounds if the dealer is not respecting your rights. You haven't told us who the dealer is. Please will you do so.

 

When you send a copy to the finance company, make sure that it is accompanied by a cover letter which explains exactly what you have been through with this vehicle and that you are preparing to reject it and that you will be enforcing section 75 of the CCA against them.

 

When you take the car to the dealer either for repair or because you are leaving it with them, make sure you photograph the vehicle inside and out so there is no dispute later about its condition or any damage that might have occurred to it.

 

Don't be sidetracked by the dealer and don't be persuaded to let anybody else get involved in repairing it. It is the dealer's responsibility and they have to make any arrangements they want to sort it out – but they have to sort it out.

 

If during the period of ownership you have experienced any expenses or other losses as a result of this ongoing story of faults and attended repairs, then if you take the matter to court then you will be entitled to recover that as well.

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  • 2 months later...

ok all so update from last time ok the car was brought from bristol street motors.

now since last time the car had been sent to newcastle where whilst it was there the fault happened so they replaced the screen.

picked the car up and within minutes it happened again, so we called the dealership and told him made a video of it happening

To which then we also contacted vauxhall customer services and told them,

we had the car weeks before between the dealership and vauxhall it was arranged to be taken to luton, to the manufactory for them to look at it.whilst they had it for 3 weeks some things where changed etc but they couldn't make the car fault,becuase its intemintant, so they changed the touch screen, and was told that should cure it, guess what the car come back to us on the 19th december 2016 and on the 25th december yes xmas day it happened again,

so we video it and sent it to both dealership and vauxhall ,Now this is 11 times repairs same fault.today was phoned by garage to say he wonted us to drop the car to him on friday for him to drive it around clock up milage to see if fault happens.

its not going to its intemeintant.but we have rang vauxhall they told us they told the garage we have two options:

1 to reject the car

2 have a field tech guy visit but the garage is over 200 miles away from us

they have not mentioned any thing about the garage using the car for a week to see if it happens

the finance company is also involved by the way GMAC they know of the problems.And they rang us saying same thing vauxhall have given garage 2 options no mention of driving the car around for a week,

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