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    • and it legally informs them of your correct and current address as you must do with all old debts last paid/used in say 7 yrs you dont want backdoor CCJ's. what were the names of these IVA scammers, the one you took it out with, and the one that scammed you to let them take over please? your story is slightly worrying. dx  
    • Incidentally, congratulations on not buying the warranty. That is another Big Motoring World rip-off. See what we have to say about extended warranties and the Big Motoring World attitude to them is particularly unhelpful
    • well that google is from 2019, but the photos are certainly of someone driving on the public highway in/out by an ANP system, though the site of where the camera actually is, is not showing there are anpr cameras up by the low yellow barriers but they wont get from facing shots from there. interesting, needs to be checked if the road IS a public highway but on private land, cause as you say, if the whole area is max 4hrs , how does the hotel work< ?? must have a reg entry system.  now as for taking pictures of cars on a public highway then guessing the are parking ...erm.... i dont thnk thats right nor allowed under GDPR. dx  
    • Under the consumer rights act 2015, if a defect manifests itself within 30 days and you have a right to return the vehicle for a full refund. If any defect manifests itself within the first six months of ownership then you have a right to return the vehicle for a full refund subject to the retailers right to carry out a repair. If the retailer declines to repair or if the repair fails then you have the right to return. The problem here is that you have to assert their right. It's a bit ridiculous – but you have to do let them know preferably in writing that you are asserting your rights under the consumer rights act either the 30 day right or the six month right. I suppose that you haven't done this – which would be quite understandable because most people don't know that these rights exist and that they are subject to these conditions – the condition that the right must be inserted. It is frankly ridiculous. The dealers know it and we have lots of instances of this company delaying appointments et cetera and our strong suspicion is that they are simply trying to run their customers out of time. On the basis that you haven't asserted your rights, we now have to look to ordinary contract law. You are entitled to purchase a vehicle which is of satisfactory condition and which remains that way for a reasonable period of time. Clearly it is in satisfactory. They are blaming you. Has your independent inspection identified the reason for the defect? This will be important because as you have seen BMW are already saying it is down to your driving and you are going to have to produce evidence that it wasn't down to your driving and the you drove it absolutely reasonably and it was simply the condition of the car. Have you been without the car for any period of time. Is it driveable now? If the car was off the road for a substantial amount of time and was still off the road then you would be able to argue that this is a fundamental breach of contract and that you have been deprived of substantially the whole benefit of the contract and therefore you will be entitled to treat the contract as breached by Big Motoring World and insist on cancelling the contract. It may be that you will eventually be obliged to keep the car but have the repairs paid for. Have you had any quotations for the work that needs doing? I asked you questions about the MOT – but you haven't responded.
    • A 'violent left wing mob', comprised of a chap in a red hoody with a damp polystyrene coffee cup and a bit of wet cement, gets nowhere near cowering frightened farage some distance away on top of his double decker bus .. as farages security and support seem to film the incident grinning     Farage bravely flinches, grimaces and seems to almost burst into tears as the 'objects managed to travel a part of the way toward his position on top of his bus. His reactions honed by having a bit of milk splash him at a prior incident allow him to swiftly fall into a protective cower and grimace .. .. Sometime after, once the mob of 1 had been safely bundled away, farage apparently wipes his eyes of tears, and rising from his cowed and frightened pose, bravely shouts “I will not be bullied or cowed by a violent left-wing mob who hate our country.” .. however few they may comprise of.   https://www.independent.co.uk/news/uk/crime/nigel-farage-cement-barnsley-reform-uk-b2560501.html  
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      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.
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Help! Received Court Claim Form**WON**


MR2Phil
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oh yeah when i said header, i mean

 

In the xxxxxxxx County Court

Claim number

 

 

 

 

 

Between

 

xxxxxxxxxxx- Claimant

 

and

 

 

- Defendant

 

that bit, and obviously you need to amend anything which is xxxxxxxx'd out

 

also, id include copies of the CPR letter and proof of posting and any correspondence refered to in the defence

 

 

regards

paul

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Good morning and Happy New Year!!!!!!!!!!! Hope the head is clear! I was designated driver last night, for my sins...oh well, was a cheap one I suppose!

 

My defence was signed for yesterday, so what's going to happen now? Will the court send my defence to CLF?

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Hi Phil

 

Yes the court will send a copy to the other party,

 

they will then have the option of considering the defence and consider if they wish to continue with the case

 

lets hope they see sense eh

 

Regards

paul

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  • 2 weeks later...

Hi Phil

have you not recieved notification from court that your defence as been recieved and submiited to the claiments? normally a standard letter is issued around 2 weeks on submission informing you of this and then the 28 days start from date of the court letter not the date of your submission Worth a call if you have not recieved.

 

 

Regards

Andy

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Ok, so I called the court yesterday and the bossy woman told me that my defence had been received on 20th December...this was actually the letter saying I was struggling to put a defence together! When I explained what the situation was she just kept cutting me off saying "No, NO, the DEFENCE was received on the TWENTIETH!"...she did say that my actual defence (which was clearly marked up "DEFENCE") was on file and had also been sent to Howard Cohen though...and that they have until 22nd Jan to respond before the case is stayed.

 

What happens then? I understand that all they can do at that point is ask for more time? What if they never bother getting back to me or the court? Can they just send it back to GE Money and they then get someone else to start the whole thing over?

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Hi Phil

Ok in the event you do not hear anything then the case will remain stayed until a time the claiment wants to either contiue which they will have to pay to revive it or you will recieve an AQ if they contiiue which basically asking for further directions on their intentions with the case.There is still time for their Sols to approach you before the stay so sit tight for now

 

 

Regards

Andy

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l would make a complaint about that person if l was you.

 

She obviously does not under customer relations.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Ok....today I received a letter from Howard Cohen saying that they wanted £10 (under the SAR request) before they release any information!! Surely they can't then rely on documents in court if they haven't sent it to me when I asked?! I didn't send an SAR, it was a CPR (if that's the right acronym!). Are they clutching at straws? Why have they waited almost two MONTHS to say that I can't have MY information?

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Hi Phil

 

welcome to the world of litigation mindgames as you have already outlined in pauls defence their failure to supply and taking into account the letter I posted for you for the attention of the Case manager the court will be fully aware of the frustrations Messers Cohen are creating.Like i said in post 113 sit tight you can keep the letter and bring it to the courts attention if you ever get there.

28 days and counting

 

 

Regards

Andy

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Ok, so you reckon I don't send them this £10? I just don't see how they can ask for money for docs that they are going to use against me! (That's assuming they have them, of course!)

 

What happens 28 days from now? Do I need to inform the court of this letter I received?

 

Thanks for your onging help

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NO NO NO,

 

Besides, sending them a tenner would serve little purpose as they could conceivably drag things out even further, remember under S7 DPA they have 40 days to supply the information requested

 

Nothing happens now until the Allocation Questionnaire drops on your matt

 

when it does let us know

 

Regards

paul

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  • 2 weeks later...

i agree FC, i would give the court a courtesy call to inquire about the AQ

 

the court may have dispensed with the AQ although its highly unlikely or the court may have sent you one but you didn't receive it so its worth a call just to be sure

 

 

Regards

paul

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Ok will do. Cheers guys. Tried calling just now but court is shut until Monday.

 

I was hoping this was just gonna get thrown out, there's so many points where they've fallen down, as outlined in Paul's defence...

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