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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
    • No the first LBA was delivered by royal mail, but I responded by email, sorry if I didn't make that clear.   I look at redacting the emails tomorrow, got to get some sleep now.   Thanks
    • ok well that changes things alot. you've accepted one before by email  and now they are doing it again ..   might have shot yourself in the foot until now lets get some 1st aid done.   gonna be a pain to redact but i'm gonna need to see all the emails in/out please in ONE MULTIPAGE PDF from/inc  date of their last PAPLOC   redact them properly !! read our upload guide carefully   you may  think this is immaterial, but its not, esp important is their and your exact wording
    • OK I've looked back at my emails and it appears I've been dealing with shoosmiths since the start of 2019 when they sent a LBA that I'd totally forgot about.   I replied that I didn't recognise the debt and we got into a big letter tennis over the facts.   They then went quiet and then contacted me again in April 2020 asking for income and expenditure details to work out a payment plan with them.   After I responded with my covid comments they went quiet again.   And now they are back with another LBA and I haven't responded to that.   Hope that clears it up. 
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
      I opted for mediation, and it played out very similarly to other people's experiences.
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
      Many thanks, stay safe and have a good Christmas!
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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new motorcycle problems

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this is my first post here & im sorry to have to start off with problems but i guess like others thats how i got to this site in the first place


well were to start


i bought a brand new montesa 4rt from colin appleyard motorcycles in january this year at a cost in eccess of £5000 cash maybe that was my problem paying cash ?? well upon receipt of the bike mit didnt run right from day one they supplied it with a 2 stroke fuel mix in a fourstroke bike i took it back where they promptly blamed me for the fuel fault & charged me labour to fix the fault i wasnt happy but paid all the same then after 5 months the kickstart developed a fault that resulted in the bike requiring half a crankcase again i voiced my displeasure & was told that this is a known fault & upon reasembly it would be better than new now 5 weeks after the bike started to make noises so i returned it again to appleyards to be told its tappets & thats a servicable item that i should look at getting them adjusted i did say that they were fine before you took my engine apart i got not reply so i said i would take the bike to the main dealer for confirmation upon reaching the main dealer i was asked if i had been to collin appleyards already like they knew i had so i said yes i asked for a mechanic to diagnose the fault & supprise supprise he to said tappets so i agreed to them taking action to resolve this fault i collected the bike today being told it had faulty & or worn rocker gear & that they were not charging for parts only labour when asked why i wasnt being charged for parts i was told that they took parts from another engine to fix mine as the other engine was going back to the supplier now all this seems wrong to me this bike is competition machine built by a well know company honda its used once a week for fun only its been treated to the best from day one never missed an oil change never abused ever i am now seeking advise as to where to start because to honest nice dont get me anywhere


thanks in advance



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the only contact ive had was firstly when the bike req a half crank case which the supplier was stating the importer was waiting for the part after 6 weeks of waiting i phoned the importer & was told that yes there was a delay & they had been shipped that day ?? the bike comes with a 6 month warranty from the importer i have since been back to the importer with the noise which was found to a faulty rocker assy which was replaced with me having to pay labour charges

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As it is an off road motorcycle, what are the terms? Is it parts and labour or just parts only with you to pay any labour charges?


Given the issues you have had with the bike it might be worth contacting the official Montesa importer and explaining the disatisfaction you have had with the supplying dealer.

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The key statement here is Faulty.. they ahve admitted that at time of sale the rocker gear could have been faulty..


I.. personally, would be looking at the "fit for purpose" route.. in the short time and with the minimal miles that you have done thusfar on the bike, it does not sound like it is either "fit for purpose" or "of merchantible quality", you have a 6 year "legal" warranty on the bike, within the first 6 months, the burden of proof (to prove that the fault not was there from day 1) falls to the seller, after that it falls to yourself to prove that when the bike was sold the fault was present.


I am not sure how legal it is for parts which are faulty, to be replaced with second hand parts (even if they were never used) as they ahve described to you.


How many miles would you estimate you ahve done on the bike? i know mine, a high performance (highly tuned i might add) 400RSP import, the valve shims need doing every 5-10k km, the rockers have yet to wear, so this would indicate a fault with either the design, or a failure of the part.


My personal opinion is that they should be covering (completely) the reparations needed to make this bike "roadworthy" if you like.. unless you broke it, or wore it out (sorry, but tapets dont go that easily) then it was faulty in my opinion.


i am sure one fo the experts will be along shortly..


It doesnt matter how you pay, provided you have a proof of purchase, Although you do have a small amount more protection with cards, cash is just as good especially if from a dealer such as this.

I like this site because of the following:


Halifax: Settled in full (£898.00 out of court)

Abbey: Various charges refunded totalling approx £600.00

Homebase: Consumer issue sorted - found all info here before even asking.

Travian games: in progress (started 22-09-07)

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Montesa USA - Contact Us might yeild you some more information.

I like this site because of the following:


Halifax: Settled in full (£898.00 out of court)

Abbey: Various charges refunded totalling approx £600.00

Homebase: Consumer issue sorted - found all info here before even asking.

Travian games: in progress (started 22-09-07)

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  • 2 weeks later...
Montesa USA - Contact Us might yeild you some more information.



i did make contact with the above who did say they have never heard of such a thing but they would have to see the rocker in question before they could comment i then went on to tell them the whole story about how appleyards had fobbed me off telling me it was just tappets & how sandifords had found the rocker fault this was there reply


Hello Simon,

I did not know that you are from the UK.

We are the US importer, you will need to speak with the UK importer (Sandifords), Sandifords has excellent mechanics on hand, I know them personally.

Please refer all future inquires to Sandifords.

Best Regards


Montesa Motosports

the very same day i get this email from sandifords

Dear Simon,

We replaced the Rocker Arm for you as a token of OUR (Sandiford's) goodwill.

We have a copy if the letter Colin Appleyard's have sent to you which also EXACTLY explains the situation with regard to the same.

Should you wish to correspond further on this matter please do so with your Supplying Dealer - Colin Appleyard Motorcycles of Keighley.



Caroline Sandiford




i have since traded the bike in for a new one upon trade in the mechanic said that this bike is not right & before they could sell it they would have to investigate i was over at the shop today where i inquired as to what was found i was told the timing chain tensioner was faulty which when replaced at a cost of £60 fixed the problem the bike has since been sold i do hope who ever has it has better luck than i did :evil: :evil:

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