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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. 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. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Sold a car with multiple faults - Select Motors Slough


Dan.4
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I purchased a BMW 530D M Sport back on the 18th December 2016,

I've had numerous problems with the car

 

phoned up to ask for a refund/repair which happened to be on the 30th day of ownership.

The trader has refused,

 

I then wrote a detailed email listing faults and the Consumer law act 2015 (I can forward on if needed),

I also sent this via guaranteed royal mail delivery letter,

 

I had no reply for 12 days

I phoned the garage,

he's offered to have a look at the exhaust manifold but nothing else,

I've asked for this in writing on the 31st January and haven't received anything - I did record the call.

 

I've now had the car checked over by a BMW specialist local to me which cost £57 inc VAT to find out there are more fundamental problems with the car.

 

I have had to keep using the car due to work, having a 6 month old son the use of a car is needed.

 

The vehicle was advertised as having 125k miles, when purchased it had 129.5k, it's nearly on 131000 now due to use.

I have also still not received the logbook.

The car is also due a service when I was told it had not long had one, done by themselves priced at £130 +VAT from BMW.

 

I've already had to replace some serviceable parts.

 

Below is a list of problems:

Exhaust Manifold Leaking fumes into the car.

Oil Leak

Windscreen wiper linkage has only 1 bush not two, thus making the wipers ineffective and damaging the paintwork on the bonnet and not secure.

Parking sensors have a fault, (PDC Failure)

Clunking from suspension and car pulls to the side when going over bumps.

 

Inspection from BMW specialist:

Engine Oil Leak,

EGR Valve Pipe Blocked off with a screw

Oil Leak on Gearbox

Steering Rack noise

Read PDC Failure

Exhaust manifold blowing

 

Hope to hear back from you ASAP to finally get my car sorted.

 

Best regards,

Edited by dx100uk
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Hi Dan...

 

Welcome to the CAG...I have moved your thread to the appropriate forum...Garage Services ..please continue to post here to your thread.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Well I would of assumed it obvious why we all use alias on a public forum....name changed to Dan.4

 

May serve you well to read the Forum Rules.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?9-FORUM-RULES-Please-read-these-before-posting(3-Viewing)-nbsp

 

Also what is the name of the Garage/area that this is in connection with ?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Thank you, will have a read now.

 

The garage is :Select Motors

Location: Slough

 

Have recently found out theyre trading under another name too, Bath Road Sales.

 

Edit:

Price paid: £5450

Model: 530D M Sport

Age: 56 Plate

Edited by Dan.4
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Which App ? There is still protection for purchases using this method subject to which bank you use.

We could do with some help from you.

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Barclays Pingit - I phoned them and they said there is no cover unless chip and pin was used as it's VISA that provide the charge-back service rather than the banks themselves.

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https://www.help.barclays.co.uk/faq/pingit/using-pingit/chargeback-scheme.html

 

Appears so...but its a very insecure method of making a purchase like this from what I gather its an app to use between friends ?

We could do with some help from you.

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Nope, it's 'online banking' through your mobile app - perfectly safe and you have the same rights.

 

Except charge back...

 

The only way left to pursue them is either through the following...

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?440-The-Consumer-Rights-Act-2015

 

Or instigating a court claim against them in the small claims court once you have exhausted all complaints procedures.

We could do with some help from you.

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You cant chargeback unless you've used chip and pin - According to Barclays

 

I know thats why I stated except for charge back you stated ......

 

" Nope, it's 'online banking' through your mobile app - perfectly safe and you have the same rights. "

 

So you have no rights with regards your Bank.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 8 months later...

you cant pm

start a new thread

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 months later...

the original thread is more than 1 yrs old

go start a new thread

this thread is now closed as newbies keep bumping it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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