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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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PDI document refusal


LMT1
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Hi i purchased a new motorhome on 1/12/17 ,since then have become in dispute with

the dealer and asked for a copy of the original PDI. i was told this is not possible

duu to"The General Data Protection Regulation and the fact that we are obliged to protect any data that refers directly to a person or entity we deal with.

 

As some of the documentation you are requesting relates to a supplier and some relate to inter departmental procedures we are not in a position to share this."

Is this correct please

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then they are obliged to hide those parts not make a total refusal that you cant see any of it.

 

whats your issue, pdi failed to find something you now have an issue with?

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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Sounds like a smokescreen. It's not even true. Data about an "entity" isn't covered by GDPR/data protection law, nor is data about interdepartmental procedures.

They simply aren't within the scope of GDPR.

 

GDPR can only cover data about individual living people.

And just because someone can be identified from the PDI doesn't automatically mean it can't be released.

 

Although a person's name is 'personal data' that on its own isn't sufficient to prevent its release.

And anyway, as dx says, if they do think that the name of, eg the person who signed the PDI, shouldn't be released they are required to release it to you anyway but with the name removed ("redacted").

 

I'd make clear that I don't accept their GDPR explanation, request they review their refusal, otherwise you will be referring it to the Information Commissioner.

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Just to be devil's advocate LMT1, they might respond by saying that the PDI contains no personal information about you anyway so they still won't release it. It depends what else you have asked for. But you can only use a GDPR/data protection act Subject Access Request to obtain data about you personally. You can't use it to get information about your vehicle. So you may need to think about alternative ways of pursuing your complaint.

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i also asked for a factory quality sign off sheet[ which they wont send either] and copies of warranty work sheets which they have sent some but very little info on them and nothing to say what was done or completed.

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When you buy a second hand caravan or motorhome the supplier should do another PDI and also service the unit to maintain the warranty.

You state "new" motorhome but it is new to you or brand new?

 

As it was bought in 2017 it would be covered under Consumer Rights Act 2015.

As you are now out of the 6 month window, the onus is on you to prove that the faults existed at time of purchase.

Did you report any of the current faults within the first 6 months.

It sounds as if you bought from a dealership whose name begins with "M"!

 

BTW we rejected our caravan after 11 months of ownership and were successful.

Is the motorhome on HP?

If the value of the motorhome is under £30k and you paid a deposit using a CC, you could use S75 of the CCA. We used Which Legal Services in our dispute.

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Good choice of letter 'M'

Yes the motorhome was bought new, and all existing issues were reported within the first 6 months

 

During their attempts to repair these warranty problems and faults, damage was caused to the motorhome,

 

We now have an ongoing situation, and have now engaged a solicitor to hopefully bring this stressful an upsetting situation to a conclusion

Thanks for your advice and input,

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Not many solicitors are conversant with the Consumer Rights Act 2015 as they probably specialised in other fields so be careful and don't waste money like us.

 

Actually you do not need to engage a solicitor to do all the leg work.

We joined Which Legal Services and got all the advice from them.

Cost was about £90 for the year.

We got a full refund and several thousand in compensation for lost holidays etc.

This dealership M gave a friend of ours the run around for 18 months before they managed to get a refund.

 

CRA 2015 clearly states that in the 1st 6months the dealer has one opportunity to repair and if the repair fails again then you can reject.

If they refuse they are committing a CRIMINAL offence!

 

Join Which Legal Services for expert advice from solicitors that are experts in consumer law.

You may be pleasantly surprised.

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Thankyou, we were not aware of the Which service

 

We have subscribed and over the next few days will be taking their advice

 

Hopefully we will be ' pleasantly surprised' and companies will learn that they cannot treat people this way!!!!

Especially 'M'

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  • 3 weeks later...

Hi , I would like now to close this thread and give a big thankyou to Surfer01. we concluded our matter with "m"with the production of a independent inspection sheet and renegotiated

a agreeable sum to take a new vehicle. Thanks once again

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