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
      • 161 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

Need help with court forms, please, anyone


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6286 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 everyone

 

I need some help with the Form 1 and b1, what goes in this section, I know I read it somewhere but can't find it now.

 

This is the part of the "Summary Cause Summons" that asks "Claim (form of decree or other order sought) and is section 4

 

Would I just put "Repayment or bank charges" or does it have to be a little more specific.

 

If anyone knows a standard reply to this please let me know?

 

I could also use some help on section 7 - "STATE DETAILS OF CLAIM HERE (all cases) and PARTICULARS OF ARRESTMENT (furthcoming actions only)

 

Don't want to mess this up by putting in the wrong info.

 

Please note that I am splitting a £5128 claim into smaller claims.

 

This is the step I have been dreading but as it says don't threaten court action if you are not sure if you want to proceed, I want to go the rest of the way.

 

HELP

Link to post
Share on other sites

Hi there,

 

Go and have a look at the Guidance Notes section under Scottish Procedures if you are in Scotland. It is very handy, although I've completed my forms to the word and the Sheriff Court has returned mine today with regard to "Box 4" So I'm seeking advice on my wife's threat MelanieGB vs BoS.

 

Keep checking back on our threat in case someone comes up with some advice.

Link to post
Share on other sites

Hi Vagabond

 

Thank you for the response and help, I have had a look and they look fine to use but I am a bit concerned now about Box 4.

 

If you used the words on this webpage why did they send your form back to you?

 

This part is really difficult, everything up until now was pretty straight forward because there is plenty of info on this and other websites but get to the going to court part and there doesn't seem to be much help.

 

Thanks again for your help

Link to post
Share on other sites

Hi, Squeekyclean,

 

In Box 4 Claim(form of decree or other order sought)

Put: 1. The persuer claims from the defender the sum of £xxxxx

2. £xxx Interest from xx/xx/19xx to xx/xx/20xx

3. plus the expenses of bringing the action.

 

Section 7. takes a bit of time for me to type out. I'll try and get back to you soon.

 

Hope this helps.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

Hi maroondivo52

 

Thank you for the help, been on other websites for days without a reply.

 

Do you think that is why the court returned Vagabond's form, because he didn't calculate the interest and state how much it was?

I though that the interest would be calculated at the time of payment from the bank as it could take a bit of time to pay out, maybe I'm wrong.

 

I did have a look at the template thingy for the form and was a bit put off by the length as I need to make three claims and would have to write this out six times, would printing it out and signing it be the same or does it have to be writen?

 

Thanks in advance

Link to post
Share on other sites

Hey Squeeky,

 

I've handed my court papers in and here are the changes I was told to make :-

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/44970-killbi11-bank-scotland.html

 

KB

Bank of Scotland (In Scotland)

 

S.A.R. sent - 03/11/06

Statements received - 30/11/06

Prelim Letter sent - 04/12/06

LBA Sent - 09/01/07

1st claim filed at Sheriff Court (£720+int) - 01/02/07

1st Claim settled by BoS (£1037) - 17/04/07

2nd Claim filed at Sheriff Court (£735+int) - 11/05/07

2nd Claim settled by BoS (£977) - 13/06/07

Link to post
Share on other sites

Hi Squeeky,

 

have you now filled out everything you needed?

 

If not, simply write as your claim in box 4:

 

"To grant decree against the defenders for payment to the pursuer of the sum of (for example) ONE THOUSAND POUNDS (£1,000) STERLING plus interest at the rate of 8% annually from the date of service until payment, together with the expenses of the action."

 

For box 7, this where you have to submit the details of your particular charges and the basis for your claim, ie, the illegality of the charges. It is quite competent for you to submit a "Statement of Claim" to attach to the summons which is in a style I can forward you as the space to fill in box 7 is limited.

 

hope this helps

S.A.R sent (RD) - 14/9/06 (no response) Reminder (RD) - 6/10/06 (no response) Phonecall to BofS chasing - 24/10/06 (no response) Final S.A.R - (Subject Access Request) sent (RD) - 26/10/06 (no response) Phonecall to BofS complaints - 2/11/06 Received statements back to 2004 only - 14/11/06 Another phonecall to complain - 16/11/06 All statements received - 31/11/06 Claim submitted - 1/12/06 Received acknowledgements - various over January 07 Telephone call to offer full settlement - 14/2/07

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...