Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 160 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
        • Like

RBS - Leeds CC - Danger of Strike Out


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5713 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, I really needs ome quite urgent help :???:

Last August District Judge Flanagan (Leeds County Court) stayed our claim against RBS for unfair bank charges, pending the outcome of the test case.

 

part 2 of the order is

2. If no part shall file at the court office by 4.00 pm on the 7 August 2008 a written request for directions and/or a hearing date the claim shall be struck out without further order on that date.

 

I'm not sure what I should do.

What does it mean request for directions?

Is there any point askign for a hearing date?

When it says file at the court office does it mean goign in or can we just send it by post?

 

The letter we had from RBS solicitors, Cobbetts, did say they would not see claimants disadvanted by stayed claims. this sort of makes me think that they woudl agree torefund the £120 court costs if the OFT ruled charges unfair. So we woudln't lose outon that. Am I being very naive?

 

Does anyone have any advice for me or any suggestions of which threads to read?

 

Thank you

Roobieroo

Link to post
Share on other sites

I would consider submitting the following draft order to court requesting that the claim be allowed to proceed.

 

--

 

DRAFT ORDER

 

In the XXXXXX County Court

Claim number XXXXXX

 

Between

 

XXXXXXXX - Claimant

 

and

 

XXXXX - Defendant

 

Draft Order for Directions

 

1. The Claimant shall within 21 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

2. The Defendant shall within 21 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

• g) Copies of "manual intervention" sheets relating to the customers account for 6 years in the absence that they have not been provided thus far

 

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

Link to post
Share on other sites

Thank you so much for that Enron,

I know I have left this really late, I would buy the smalls claims reclaim pack adveritsed on here to help me with this, but it would arrive too late as I have to get this in by 4pm on Thursday. So was wondering if anyoen coudl answer these questiosn to assit me.

 

Does the Draft Order need to be on specific claim form? i have looked at the claim forms on the court website and cannot see which to use. Can i just write a letter with the information that Enron has provided above?

Will it cost?

Can I post it or do I have to take it in person?

 

All hints, tips and friendly words appreciated. Feel really foolish for leaving this to the last minute :(

Roobierooster

Link to post
Share on other sites

I've looked at the online court forms, the N244 doesnt seem to be right for this. Also becuase the bank did not defend the claim they just requested a stay instead, I dont think I can use the AQ.

Do I need a court form at all? Can I just put it i a letter?

I have to do this today otherwise the claim will be struck out tomorrow. Anyone able to offer any help?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...