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Everything posted by silverlady

  1. OK thank you for explaining. I will make sure that we obtain the PCN reference so we can speak to the council.
  2. Will await their reaction to the evidence we've sent that my son in law wasn't in possession or the owner of the car when the offence occurred and, if they wish to pursue him rather than the dealer, that will be the next query. I'm hopeful that they will feed the info back to the council though and maybe they will pursue him instead of my son in law.
  3. I was contacted by the mediator before the court case and he spoke to Azim Choudry, the director of Xhail Motors, who was angry that I'd had the car transported to him and it had to be left outside his business premises because he refused to accept it. According to his account to the mediator, it accrued parking tickets before it was towed away by the council so I am assuming that it was scrapped. BMW had told us that it would cost thousands to repair so would not have been worth it. Well the council were no help as they wouldn't discuss it without a PCN number but cdergroup were surprisingly helpful and have asked my son in law to send proof that we transferred the car into the dealer's name and that we returned it to him in Barking. Luckily we have documents and photos so they have been emailed and now we await an outcome or further instructions.
  4. Thank you, It was definitely not a "moving" offence as the car in question wouldn't move without being on a transporter so I'm assuming it's TE7 and TE9 but as soon as my son in law has finished work and can telephone the relevant people, we will find out exactly what the offence is.
  5. Please clarify. If we discover, when we telephone the traffic enforcement centre, that this is a penalty for parking charges for the car we returned to the dealer, do we then need to send forms TE7 and TE9? When are forms PE2 and PE3 required? They need to be sworn before a solicitor etc and may incur a fee. I have to say that I am tempted to just pay the £406 to avoid all this hassle! If the dealer transferred ownership back to my son in law without his knowledge, do we even have an argument?
  6. Noted, thanks, we will contact them on Monday and hopefully can get this charge removed. I followed the link in the email and it's £406. Having already wasted over £6000 on this blinking car I'm loathe to pay anything else!
  7. Long story short, I paid for a used car from Xhail Motors bought by son in law and have a separate thread about it. We obtained CCJ against dealer after returning faulty car to him and transferring it to his address via DVLA last April. Used BMW from Xhail Motors Barking not fit for purpose - Vehicle retailers and manufacturers - Consumer Action Group The car was left outside the dealer's premises during Lockdown and accrued parking tickets before being towed by council. Son in law has now received an email from cdergroup debt collectors stating he owes a debt to LB of Barking and Dagenham and threatening enforcement action. We are at a different address now so have not received any letters regarding this. I am assuming Xhail Motors transferred ownership of the car back to him. Reviews about cdergroup are horrendous. Son in law has sent a copy of DVLA notification of transfer of vehicle to dealer and informed them of CCJ against dealer but I am worried that they will ignore this, discover our new address and visit. I am elderly and we have a disabled child shielding here. Advice please.
  8. I already asked for chargeback with Nationwide and they told me I was 6 days over the 120 day limit. I took it to the ombudsman and they agreed with the bank.
  9. Okay I will just have to write it off then I suppose. Thanks for the reply. Just doesn't seem fair!
  10. UPDATE: The Sheriff's Officers have advised me that after visiting Azim Choudry's house, he told them that the company ceased trading in March 2020, he resigned as a director in October 2020 and he is in the process of commencing legal proceedings against the company for money owed to him! Rubbish as he was the only owner/director so how can he take legal proceedings against himself! I understand that the Officers can do no more but the final amount owed is £8037.84. Is it worth me contacting an independent debt collector?
  11. Thank you. Just one last piece of advice please. I have to pay the Sheriff's officers £156 to get this action started but I have been told by someone who visited Xhail Motors Ltd that the place is closed and locked up. Am I just throwing more money away or do you think it's worth trying to get my money? Shall I just forget it?
  12. UPDATE: I won the case and was awarded over £6300 but, of course Azim Choudry, the director of XHAIL MOTORS LTD has not paid me. He is trying to wind up this business and has applied to Companies House for strike off action to which I have objected. He has another business operating from next door to the first one called just XHAIL LTD. He also resigned as director of yet another business RIVER GARAGE SERVICES last October. I am assuming that I will now have to ask for a warrant to collect the money from him?
  13. Assistance urgently needed now please! I was telephoned by the mediator today. After he had spoken to the defendant he told me that he (the defendant) is saying that he doesn't recognise me as a customer and doesn't know who I am. I have it in writing from him that I paid the money but it's true that my son in law's name is on the bill of sale etc. The mediator said I should maybe change the name on the claim. As this will cost me money, he told me to take legal advice. (I don't even know how I'd make this change) Any advice please?
  14. Lol, thanks. There will be two witnesses as I only paid the money, and my daughter and her husband were involved in everything else, so one of them will provide a statement of what actually happened.
  15. Thank you. I have said yes to mediation. What is meant by "1 wit YOU" please?
  16. Thank you. I will answer that I don't want any expert witness statement then and just rely on being able to present what I already have later on. One further question please, The form I have received N180 has a covering letter stating "You must by 19 June 2020 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office (name of court office) and serve copies on all other parties. " Does this mean that I have to send a copy of this completed form to Xhail Motors?
  17. I have taken the matter to the small claims court and the dealer has filed a defence in which he denies knowing who I am (even though I have an email from him stating that payment for the car came from me). He also denies that the car was faulty when he sold it stating that the major faults were caused by my daughter driving the car after the initial small, repairable fault was found. I now have to fill in the form they sent me, which asks if I want to use the written evidence of an expert and I am at a loss as to what to do. I have a page of diagnostics done by the BMW garage to show the faults they found. Is this written evidence from an expert or is this just part of evidence I get to present anyway? The manger of the BMW garage was willing to discuss the matter with anyone but whether he'll want to get involved in a court matter is another thing. I intend to call my daughter as a witness and hopefully she can tell the court exactly what happened, including disputing that she removed the car from a local garage that was going to repair it. If we can only explain everything to a judge I'm sure Justice will prevail. I am getting quite stressed out about it all.
  18. Thank you for your replies and thank you so much for amending my post for me. The last letter I sent to the dealer on the advice of CAB stated that it was the last letter before court action and contained the sentence, "I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules etc" which I am assuming is standard. They have advised me to access moneyclaim.gov.uk and they said they had referred the dealer to TradingStandards. I'm thinking my next step is to access this website and pay the necessary costs to take it to court. Will I actually have to attend court?
  19. On 29/11/2019 I paid £4700 to have a used BMW delivered to my daughter and her husband in Cornwall, from Xhail Motors Ltd, Barking. Azim Choudray was the man we dealt with. It came with a 6 month warranty. In January 2020 the car began having problems, mainly with the electrics and subsequently would not start. After calling out the RAC, a leak was found and a new battery purchased. The car continued to have problems and the dealer suggested contacting the warranty company who asked for a diagnostic report. The car was taken to a local garage but the garage owner requested that my daughter remove it and that they would telephone her when she could bring it back. No call came she took the car to a BMW garage who ran diagnostics that found many faults. This cost over £200. The warranty company would not entertain a claim until full diagnostics had been done however the garage stated that the cost of further diagnostics would run into thousands of pounds! My daughter, son in law and myself were going through a house move together at this time, we contacted Azim Choudray and rejected the car as faulty and unfit for purpose under the Consumer Rights Act. He disputed that there had been anything wrong with the car, suggested that my daughter had spilled water on the electrics (there was still water present even after the RAC had dealt with it) and had removed the car from the local garage who were willing to repair it. (Why would she remove the car from a garage that would fix it for £40 an hour and take it to a garage that charged over £100 an hour?). He said that he would repair it as a gesture of goodwill if we returned it to him by this time the car would not start and we had been advised by the BMW garage that it was not roadworthy. Also, as he had delivered it, it was his legal obligation to collect it. I took advice from the CAB and sent a first, then a final recorded letter to Azim with the wording that the CAB Consumer Rights advisor suggested. He failed to respond and I finally transferred the car back to him via DVLA and had it transported to Xhail Motors in Barking at a cost of over £400. He refused to accept it so it was left outside his premises. I have requested Chargeback from my bank (I stupidly paid by debit card) but they have refused, stating that the dealer offered to repair the car, even though he will not allow it on his premises. Is my only option now to take him to the small claims court which will cost me yet more money? I'd like your thoughts please before I commit to this.
  20. Just for information, my daughter took out a loan many years ago and the bank swore that she and her husband had been present and had signed for PPI, however he was a serving soldier and could prove that he was serving overseas at the time he was alleged to have signed. She got compensation.
  21. I thank you so much for this reply, at least it gives her some indication of what to expect. I could not find the "grievance procedure" via the link provided but, as this is a small company and it's the owner who is doing the harassing, I feel that there is no one to whom she could have complained.
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