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liverpoolluke

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Everything posted by liverpoolluke

  1. thank you Andy I will read all this in the morning step by step, it's all new information not something I have found in my search's as this is the last step before judgment a lot of time effort and money has been outlaid so far, I really don't want to fall at the last hurdle
  2. reading back over this again and again, I have noticed form N244 application for default judgment I'm not sure I sent this to the defendant I'm guessing thats the problem with cpr 23 ?
  3. I'm still none the wiser sadly, thank you for your assistance but it just dons't make any sence to me at all
  4. Thanks for your input, will read into it all again, on a quick look I couldn't find any reference to part 23 in part 12.10
  5. I am reading everything online at the moment but some of it is a complete minefield, I requested a judgment default for my case, I live in England (Liverpool) and defendant lives in scotland CCMCC stated applicastion be refused. The Claimant needs to comply with Rule 12.10 and 12PD paragraph 4.3 & 4.5 Rule 12.10 just refers to judgment out of jurisdiction 12PD I am reading now These are the things I have been told to view 12.10 The claimant must make an application in accordance with Part 23 where – (a) the claim is – (i) a claim against a child or protected party; or (ii) a claim in tort by one spouse or civil partner against the other. (b) the claimant wishes to obtain a default judgment where the defendant has failed to file an acknowledgment of service – (i) against a defendant who has been served with the claim out of the jurisdiction under rule 6.32(1), 6.33(1), 6.33(2) or 6.33(2B); (service where permission of the court is not required under the Civil Jurisdiction and Judgments Act 19824); (ii) against a defendant domiciled in Scotland or Northern Ireland or in any other Convention territory or Member State; (iii) against a State; (iv) against a diplomatic agent who enjoys immunity from civil jurisdiction by virtue of the Diplomatic Privileges Act 19645; or (v) against persons or organisations who enjoy immunity from civil jurisdiction pursuant to the provisions of the International Organisations Acts 1968 and 19816. 12PD 4.3 On an application where the defendant was served with the claim either: (1) outside the jurisdiction7 without leave under the Civil Jurisdiction and Judgments Act 1982, the 2005 Hague Convention, the Lugano Convention or the Judgments Regulation, or (2) within the jurisdiction but when domiciled8 in Scotland or Northern Ireland or in any other Convention territory9 or Member State, and the defendant has not acknowledged service, the evidence must establish that: (a) the claim is one that the court has power to hear and decide, (b) no other court has exclusive jurisdiction under the Act, the 2005 Hague Convention, the Lugano Convention or Judgments Regulation to hear and decide the claim, and © the claim has been properly served in accordance with Article 20 of Schedule 1 to the Act, Article 9© of the 2005 Hague Convention, Article 26 of the Lugano Convention, paragraph 15 of Schedule 4 to the Act, or Article 26 of the Judgments Regulation 4.5 Evidence in support of an application referred to in paragraphs 4.3 and 4.4 above must be by affidavit. underlined the parts that are applicable to my case in 12.10 but still unsure what I have done wrong still very confused with all this, the biggest thing I can't understand is by affidavit who do I need to speak with to get an affidavit? I have now found 2 forms, EX550 and N285 the N285 has very little information on it like I should write something in it? do I fill these forms in myself or do I have to get a legal professional to fill them in ?
  6. I have no idea the car is still with the dealer One point you mention is timed out on the 30 days, I believe when the car is returned the clock is paused to avoid dealers dragging their feet waiting for the time out to elapse, there is more information here http://www.thecarexpert.co.uk/rejecting-a-car/ It also states that the dealer can not add fees or remove costs for any reason within 30 days but can after
  7. Thanks for the quick reply i will talk you through the situation 28/9 purchased range rover from dealer, car was 6k and in perfect condition in advert I gave my old car (valued by dealer at £3.7k balance on credit card 2.3k with 3% cc fees @£69) 1/10 range rover taxed and used found 12 big faults with the range rover, a/c not working, steering colour bot moving, speedo display not working (just a few) 12/10 let dealer know about faults via letter 19/10 dealer contacted me to book car in for repairs, it was agreed several times they had 10 days for repairs while I was away 21/10 car returned to the dealer for repair work to be carried out 31/10 rang dealer to arrange collection, car not ready 1/11 rang dealer car still not ready 2/11 rang dealer again car not ready, asked at this point for curtsey car which has has been offered from returning the car (loan car give no insurance, no tax just a trade plate in the window) was told car would be ready tomorrow and delivered back to me 3/11 - 9/11 no contact from dealer at all, this is when I sent the letter to refuse the car and requested a refund 10/11 got a text message saying car will be returned to me tomorrow, I replied I wish to reject the car 11/11 got another text asking me for a time for them to deliver the car, once again confirmed by text car is being rejected, we spoke to sales guy who said he had to speak to director and would ring us back today or tomorrow 11/11 - 15/11 no contact at all, letter sent asking what is going on with my refund 18/11 no reply so text the sales guy asking what's going on had he got my letter (signed for so knew he had it) I was told the letter had been replied to by the director and I should get a responce tomorrow 21/11 still no letter texted asking what's going on was ignored, rang sales guy told he has nothing to do with it now and I have to speak to director only but not available today 22/11 got a reply dated in letter 17/11 but post mark 21/11 letter from dealer states "we are in our legal right to return the car to you under threat consumer rights act" It then follows on to say "we are willing to offer you a refund as long as you are willing to cover the costs incurred on monies spent by ourselves on you part exchange vehicle" Repair of alarm £79 EML light on £205 Paintwork £68 Privacy glass £165 VAT £103 Total £620 They still have the car I purchased I have the spare key and paperwork for the car, I have there loan car (although I don't drive it just parked on road) As far as I know I'm well within my rights to reject the car and they are not allowed to make deductions
  8. Thanks for the quick reply i will talk you through the situation 28/9 purchased car from dealer, car was 6k and in perfect condition in advert I gave my old var
  9. I purchased a car a few months ago, within 21 days the car was returned for repair, whilst in for repair I decided to refuse the car after repairs (we agreed 10 days but still had the car 20+ days later with no communications) I have put in writing that I want a refund and the company has messaged back saying I can have a refund so long as I pay for the repairs to my old car?? This can't be right can it?
  10. I stand corrected sorry for any confusion, I think the information I had was via talking to someone else at the pip assesment, they had asked another claimant to go to Leeds I belive for assessment from Liverpool
  11. I'm sure with DWP they state that a 2 hour commute is suitable, I would think unless stated otherwise you will be expected to move office however reading your post fully they should only be able to do this on a temporary basis, you should maybe get in writing from them what they consider to be a temporary length (guessing should be 3 month's max)
  12. I think if you use a website called fluid they do a soft check for you and see what cards you can apply for, there's also a section in clear score that shows your percentage change of what card you will get if you apply To keep an eye on your credit report I can suggest 1 Noddle Free all the time (with aqua card you do get extra benefits) 2 Clearscore free all the time 3 Barclaycard now offer your exprian credit score for free on the android app on your phone
  13. That maybe another part of the problem, if he's done it all correctly your logbook should have arrived by now, however if he's done it wrong the car will still be registered to you and when you do sort out the logbook the tax maybe canceled
  14. do you have a paypal account ? can you see the transaction's in your paypal account ? could someone have access to your wifi when your away ?
  15. like most big online companies there online system is automated, amazon does have a guaranteed refund process, I have had to use this myself in the past, it is a little unfair as you can only request the service twice on any account (I believe) I havn't had many issues on amazon but don't use it as much as others http://www.amazon.co.uk/gp/help/customer/display.html?nodeId=3149571
  16. from what I'm aware of everyone is entitled to a holiday, so long as your no longer than 14 days I think your OK I am not a legal prefessional please don't take my word as being 100% acurate
  17. first of all wait for your bank to action a chargeback in a weeks time write to the garage and ask them if they have a ADR service in place (it is a legal requirement) if all this fails you then send the garage a LBA (letter before action) telling him your intention's, should he ignore this then you can proceed to small claims court
  18. you maybe able to action a chargeback, you have paid for a service that you have not recived,I'm sure someone more knowhow will be along soon to confirm
  19. a few thing's to note from the off I think the best result you are going to get is a 50/50 claim, your father shouldn't have been on the wrong side of the road, the other driver should have slowed to the brow of the hill If I were you to try and get a better than 50/50 claim go along your dad's street from the very end from where the car could have joined look both sides of the street and see if anyone has CCTV footage that shows the other driver's speed, it's not a guarantee the police would look at it but it may help As there was no major injury's I don't think the police will get involved past what they have done I do hope your dad is on the mend, I'm sorry to have been the bearer of bad news but I'm looking at the situation on how to get you the best outcome, your dads insurnace company already have your dad at fault,certainly I would push for 50/50
  20. a lot of people think that going to a dealer is a sure thing, sadly there poor and over priced, the traffic van's have a tendency to break wire's in the loom normally showing accelerator pedal faults , best thing to do is pull it from dealer and maybe find a renault specialist or even a gearbox specialist, your friend may be able to claim back the money paid so far as the work they suggested they have carried out has not sorted the problem, did the friend pay with a card at all ?
  21. you hopefully have an invoice from your deposit payment are there any term's on there ? I know you can return a car within 30 days so I'm guessing you should be able to get a refund on the deposit
  22. so do you have the green slip from the old logbook as you need a V5 reference number to get tax, what ever you send to DVLA photograph everything you send for your own sanity !
  23. the nissan and vauxhall are notorious for injector failure (use the same engine) to the point it was also on watchdog a year or so ago, some people had some success with the main dealer, let's hope moto novo play nicely
  24. you maybe able to chargeback on the debit card I'm guessing you paid the car dealer directly and not via a third party (such as paypal ect)
  25. I purchased the phone from someone from gumtree, I don't think it was stolen, I collected the phone from the seller's house he had everything for the phone box everything as new the phone was only released 3/4 days before I purchased it I think more than anything the phone was taken out on a contract the seller either hasn't paid the bill or made a fraudulent claim on the insurance
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