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    • T911, Nick, thanks, I got there in the end! Without boring you with the details, it is precisely the most ridiculous cases that end up being lost - because the Cagger knows the other party's case is rubbish so doesn't do the necessary work on their own case. G24 are well aware of double dipping.  They have either done it deliberately or else have cameras which can't handle multiple visits to the car park which G24 happily leave malfunctioning so the £££££ keep rolling in. Sadly most people aren't like you.  I've just read various reviews for the Retail Park on TripAdvisor and Parkopedia.  Virtually all of them are complaining about these unfair charges for daring to spend time & money shopping in a shopping centre.  Yet no-one is refusing to pay.  They moan but think they have been fined and cough up. G24 are unlikely to do court, but it's not impossible with two tickets. Try to get evidence that you were elsewhere at these times. Often retail parks will intervene, but I've Googled & Googled and cannot find an e-mail address for the place.  Could the manager of one of your favourite shops give you a contact e-mail address for the company that run the retail park? Right at the moment I'm supposed to be teaching someone who runs two shops at the local shopping centre, but I'm not as he has had to go to a meeting with the company that runs the shopping centre, so I know for a fact that these business relationships exist!!!
    • Afternoon DX, The files were in date order. How would I put them into an acceptable format? I'm not that pc literate.  
    • I think you need to tell us what actually happened. Your original post gives the impression that you were taken to court for a speeding offence. But you go on to say that you received no paperwork. So you could not have been summonsed for a speeding offence because the police had no evidence that you (or anybody else) was driving (and it seems you were not anyway). You were probably summonsed (or more likely received a Single Justice Procedure Notice) for "failing to provide the driver's details." You would not normally be banned for this offence if you were convicted - it carries six points. So did you have any earlier points which meant you were liable to a "totting up" ban?  If you were originally convicted (as it seems you might have been) how was that conviction set aside? Did you perform a Statutory Declaration? There is simply too much missing for any meaningful help to be given. It seems as if there may have been an error by the DVLA but before you consider suing those idiots until the cows come home, you need to explain exactly what has happened.  
    • Point 4 and 10 duplicate Point 5 and 8 duplicate  Try to keep to one para with regards the agreement...various paras duplicating the same. Statement of truth is out of date refer to the claimants statement    
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    • 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.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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
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Tesco credit card, judgement entered.. **PAID IN FULL**


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Hi bowkett, I issued a warrant of execution against Amex on 14th August. It has been issued and sent to Worthing court but nothing else has happened yet. Apparently it can take weeks for it to be executed. I really want to go down to Brighton and watch the bailiffs try to get in! Good luck I hope you get the warrant issued.

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Hi Bowkett....sorry to intrude.

 

Am I right in thinking that you also used the PO Box for Tescos? I used the PO box address on MCOL and they didnt bother to respond so I have won by default I presume.

 

Do I have to sit back and wait for the cheque or have I made a bit of a pigs ear of it all by using the PO BOX number? It says something on MCOL about not being able to issue a warrant to a PO box number.

 

Do you think this is why I've not heard anything?

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Hi BernardsGF, not a problem! I did use the PO box address, seems that it could be a sticky point. If you have read Kevluffs thread his local court wouldnt let him use the PO box address, mine didnt bat an eyelid. Same goes for when I asked for judgement, not a blink at the address. I presume you have requested a judgement? Anyway, I issued a claim agaisnt Abbey National with a PO box address and I am at AQ stage so its really no excuse as far as I am concerned. I used the address at the top of my sod off letter from Tesco, and also it is the address you would send postal payments to so you cant tell me they dont pick up the post! They responded to my initial LBA from the address. I will keep you posted on how things go at court tomorrow, they may well decide to tell me they buggered up and shouldnt have let me used the PO box! I am intending to take along the address Michael Browne posted in kevluffs thread just in case. They can run but they cant hide :D

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Hi BernardsGF, not a problem! I did use the PO box address, seems that it could be a sticky point. If you have read Kevluffs thread his local court wouldnt let him use the PO box address, mine didnt bat an eyelid. Same goes for when I asked for judgement, not a blink at the address. I presume you have requested a judgement? Anyway, I issued a claim agaisnt Abbey National with a PO box address and I am at AQ stage so its really no excuse as far as I am concerned. I used the address at the top of my sod off letter from Tesco, and also it is the address you would send postal payments to so you cant tell me they dont pick up the post! They responded to my initial LBA from the address. I will keep you posted on how things go at court tomorrow, they may well decide to tell me they buggered up and shouldnt have let me used the PO box! I am intending to take along the address Michael Browne posted in kevluffs thread just in case. They can run but they cant hide :D

 

Hi......yeah they responded to my LBA letter too from that address so really they have no excuses. Yes I have filed for judgement and that all went through ok.

Good luck at the court tomorrow ....I will keep a beady eye on this thread :)

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are you sending the boys in today?? this conjures up images of 20 stone, shaven headed men in black leather jackets holding up tescos weaselly little managers by the ankles and demanding your dosh, but of course, in reality, it will be nothing like that; but we can live in hope. i am not far behind you, so,

as always, best of luck

:mad:LF53
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Hi kevinlufflum- Yes of course! the Tesco Credit Card is run by the Royal Bank of Scotland!! I believe it is called an affiliate credit card. Anyhow, the Tesco Credit Card was set up as a Tesco/RBS joint venture. You may well find some insite/help by looking on the Royal Bank of Scotland forum. Good Luck to you and Keep the Faith!!! AC

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Applied for the warrant, so waiting for the big boys to go in now.

 

 

Bernardsgf, the court let me put the alternative address on the warrant form so the po box address isnt an issue if you go to the court and fill in the forms manually. They told me it didnt matter that this wasnt the address I issued the claim against, nor the one I served judgement on. Should be about 15 days before I here anything back now so I can sit and wait! Wish I could go and watch :D

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woo hoo, cheque this morning, registered post. Bit late cause in same post came back my receipt from court to say baliff on his way in. So I need to call them up and let them know this can only be part payment as there are now additional costs and int!!! he he he serves them right for ignoring me dont it. I will post full details of the requets they make in the letter later (silly me left it on my desk at work didnt I) Off the top of my head they want an agreement to not disclose details, thats a big fat no, and that it is not an admition of blame, dont care about that, but they also want me to ask court for set aside of judgement? I didnt understand that bit. Will post full details tomorrow. And, of course, make a donation :-)

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Right, here is the info extracted from the letter just in case it is useful to anyone:

 

Amount warrant issued for: £257.23

 

Tesco sent a cheque for £201.15

 

"The sum is paid in full and final settlement of your claim. Please also note that payment is made with no admission of liability and is subject to your agreement not to court publicity, or disclose or refer to any third party the background to this matter, and to keep the terms of this settlement strictly private (oops, bit late for that eh!) and confidential.

We would also ask that you now write to the Court confirming that monies have been received; all legal proceedings have been cancelled and that you agree to the setting aside of the court judgement. Two copies attached blah blah send one back etc etc."

 

Called the Lady on my letter and she was very nice. Told her that until cheque clears I cant do anything as I dont actually have the money do I, also told her about baliffs and the extra money now payable due to costs. Said she was going to get a cheque raised so fingers crossed!

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well, I think it will be Lloyds TSB, a bank account and old credit card. Still ongoing with my Abbey claim, AQ went back on the 7th September so just waiting for a hearing now. I like to idea of contractual interest that you mentioned somewhere else before so I think I will be keeping an eye on you!! Which claim is it?

My kids arent quite as old as yours, back at school now so it isnt too bad, dont they start back at Uni next week? Or have they finished and come home to spend your bank charge refund!!!

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Right, here is the info extracted from the letter just in case it is useful to anyone:

 

Amount warrant issued for: £257.23

 

Tesco sent a cheque for £201.15

 

"The sum is paid in full and final settlement of your claim. Please also note that payment is made with no admission of liability and is subject to your agreement not to court publicity, or disclose or refer to any third party the background to this matter, and to keep the terms of this settlement strictly private (oops, bit late for that eh!) and confidential.

We would also ask that you now write to the Court confirming that monies have been received; all legal proceedings have been cancelled and that you agree to the setting aside of the court judgement. Two copies attached blah blah send one back etc etc."

 

Called the Lady on my letter and she was very nice. Told her that until cheque clears I cant do anything as I dont actually have the money do I, also told her about baliffs and the extra money now payable due to costs. Said she was going to get a cheque raised so fingers crossed!

 

I suggest you also call back and tell them they can whistle for confidentiality. Your money, your claim, how dare they put a condition on it?

 

Be careful, if you cash the money as is, you are from now bound by the terms, so you need to act quickly or you could be in breach of the agreement and liable to repay the monies and further costs.

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Hi Bookworm,

 

Yes, I have written to them letting them know I accept the cheque in part payment and that I do not accept their conditions, I will only write to the court to stop proceedings on receipt of cleared funds for the full amount, and that only then will I agree to the removal of the CCJ.

I did tell the lady I spoke to that I didnt agree to the terms and she didnt have a problem with it.

Thanks Bookworm :D

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Well done Bowkett! I filled judgement on the 27th August so hopefully my cheque shouldnt be too far behind yours. I've not heared a peep from them at all yet. Do you think its worth issuing the warrant? Or should I give it a time limit of a month or so. it sounds like they had already sent your cheque before the warrant was issued?

Anyway well done. This thread has kept me positive so far. I may even have a go at GE capital for my mum once the Tesco cheque has been received!

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Hi BernardsGF, have you had something back from the court since you applied for judgement?? I applied for the warrant just over a week after getting the default judgement. The warrant was issued on the same day as they sent the cheque, they didnt even know about the warrant until I rang them to thank them for the cheque! If you want the number I have to call them and ask them to pay up before you issue a warrant then just say so, it may make things move a little quicker for you. I dont think they communicate very well between departments!!

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Hi Bowkett. I dont think I have received anything at all yet from the court re judgement. I will have to go check my vast amounts of paperwork.

 

How long was it after you filed for judgment until you received any correspondance from them?

 

I've still not heard a sausage!

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Hi BernardsGF, sorry about the delay in responding! I heard from Tesco the exact same day I got my warrant back from the court, so they didnt pay up because of the bailiffs really. It works out at about 12 days from me obtaining judgement to getting a cheque from Tesco. If you want the contact name and number I have at Tesco just ask, if you have a judgement by default you should be getting a cheque anytime soon.

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