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    • Morning, I purchased a car from Big Motoring World on 10th December 2023 for £14899.00. On the 15th December I had a problem with the auto start stop function of the car in which the car would stop in the middle of the road with a stop start error message. I called the big assist and the car was booked in for February. The BMW was with them for a week and it came back with the auto stop start feature all fine and all error codes cleared on the report from big motoring world. within 5 days I had the same issue. Warning light coming on and the car stopping. I called big assist again and the car was again booked in for an other repair in May. Car was taken back in may, they had the car for a week and returned with the report saying no issue with the auto stop start feature and blamed my driving. Within 5 days of having the car back it broke down again. This time undrivable. I had the rac pick my car up and take to Stephen James BMW for a full diagnostic. The diagnostic came back with the car needing a new fuel system as magnetic swarf was found.  I have sent big motoring world a letter stating all the issues and that under the consumer rights act 2015 I have asked for a replacement vehicle. all reports from Stephen James BMW have been sent over to big motoring world. Big motoring world have come back and said they will respond to my complaint within 14 days for the date of my complaint letter. I am not feeling confident on the response from them, what are my next steps?   Thanks in advance. 
    • That is really good is that a mistake last off "driver doesn't have a licence" I assume that should be keeper? The Court requested me to send the Court and applicant proof of my sons disability from their GP this clearly shows he has Severe Mental Impairement, he is also illiterate.  I naively assumed once the applicant received this that they would drop the claim.  It offends me that Bank has asked the Judge to throw the case out at the preliminary hearing and to make us pay up.
    • Hi, we are looking to get some opinions on weather or not to bother fighting this PCN. This comes from a very big retail park parking where there are restaurants, hotel, amongst other businesses. The parking is free but I suppose there must be a time limit on it that I am not aware of. We were in the area for around 4 hours. Makes us wonder how they deal with people staying in the hotel as the ANPR is on what appears to be a publicly maintained street (where london buses run) which leads to the different parking areas including the hotel.  1 Date of the infringement 26/05/2024 2 Date on the NTK  31/05/2024 3 Date received 07/06/2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  YES 5 Is there any photographic evidence of the event? Entry and exit photos however, based on the photographs we are almost sure the photos are taken on public street. This is the location I believe photos are taken from.  https://maps.app.goo.gl/eii8zSmFFhVZDRpbA 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? UKPA. UK Parking Administration LTD 8. Where exactly [carpark name and town] The Colonnades, Croydon, CR0 4RQ For either option, does it say which appeals body they operate under. British Parking Association (BPA) Thanks in advance for any assistance.  UKPA PCN The Collonades-redacted.pdf
    • Thank you for posting their WS. If we start with the actual WS made by the director one would have doubts that they had even read PoFA let alone understood it. Point 10  we only have the word of the director that the contract has been extended. I should have had the corroboration of the Client. Point 12 The Judge HHJ Simkiss was not the usual Judge on motoring cases and his decisions on the necessity of contracts did not align with PoFA. In Schedule 4 [1[ it is quite clearly spelt out- “relevant contract” means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—(a)the owner or occupier of the land; or (b authorised, under or  by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land; And the laughable piece of paper from the land owners cannot be described as a contract. I respectfully ask that the case be dismissed as there is no contract. WE do not even know what the parking regulations are which is really basic. It is respectfully asked that without a valid contract the case cannot continue. One would imagine that were there a valid contract it would have been produced.  So the contract that Bank has with the motorist must come from the landowner. Bank on their own cannot impose their own contract. How could a director of a parking company sign a Statement of Truth which included Point 11. Point 14. There is no offer of a contract at the entrance to the car park. Doubtful if it is even an offer to treat. The entrance sign sign does not comply with the IPC Code of Conduct nor is there any indication that ANPR cameras are in force. A major fault and breach of GDPR. Despite the lack of being offered a contract at the entrance [and how anyone could see what was offered by way of a contract in the car park is impossible owing to none of the signs in the WS being at all legible] payment was made for the car to park. A young person in the car made the payment. But before they did that, they helped an elderly lady to make her payment as she was having difficulty. After arranging payment for the lady the young lad made his payment right behind. Unfortunately he entered the old lady's number again rather than paying .for the car he was in. This can be confirmed by looking at the Allow List print out on page 25. The defendant's car arrived at 12.49 and at 12.51 and 12.52  there are two payments for the same vrm. This was also remarked on by the IPC adjudicator when the PCN was appealed.  So it is quite disgraceful that Bank have continued to pursue the Defendant knowing that it was a question of  entering the wrong vrm.  Point 21 The Defendant is not obliged to name the driver, they are only invited to do so under S9[2][e]. Also it is unreasonable to assume that the keeper is the driver. The Courts do not do that for good reason. The keeper in this case does not have a driving licence. Point 22. The Defendant DID make a further appeal which though it was also turned down their reply was very telling and should have led to the charge being dropped were the company not greedy and willing to pursue the Defendant regardless of the evidence they had in their own hands. Point 23 [111] it's a bit rich asking the Defendant to act justly and at proportionate cost while acting completely unjustly themselves and then adding an unlawful 70% on to the invoice. This  is despite PoFA S4[5] (5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 9[2][d].  Point 23 [1v] the Director can deny all he wants but the PCN does not comply with PoFA. S9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN only quotes the ANPR arrival and departure times which obviously includes a fair amount of driving between the two cameras. Plus the driver and passengers are a mixture of disabled and aged persons who require more time than just a young fit single driver to exit the car and later re enter. So the ANPR times cannot be the same as the required parking period as stipulated in the ACT. Moreover in S9[2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; You will note that in the PCN the words in parentheses are not included but at the start of Section 9 the word "must" is included. As there are two faults in the PCN it follows that Bank cannot pursue the keeper . And as the driver does not have a driving licence their case must fail on that alone. And that is not even taking into consideration that the payment was made. Point 23 [v] your company is wrong a payment was made. very difficult to prove a cash payment two weeks later when the PCN arrives. However the evidence was in your print out for anyone to see had they actually done due diligence prior to writing to the DVLA. Indeed as the Defendant had paid there was no reasonable cause to have applied for the keeper details. Point 24 the Defendant did not breach the contract. The PCN claimed the Defendant failed to make a payment when they had made a payment.   I haven't finished yet but that is something to start with
    • You don't appeal to anyone. You haven't' received a demand from a statutory body like the council, the police or the courts. It's just a dodgy cowboy company trying it on. You simply don't pay.  In the vast majority of these cases the company deforest the Amazon with threats about how they are going to divert a drone from Ukraine and make it land on your home - but in the end they do nothing.
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      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.

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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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Cheekiness towards a DCA


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Just a quick question

 

I have posted a thread a while back and it doesnt seem to be in the "New Postings list but appears in my CP and in other odd places

 

I logged out, re entered site, selected topic, clicked thread/stsarter and re logged in, placed post, and submitted, am I doing something wrong or just a long winded way rouns,? this has worked before

 

Thanks

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Sorry to hijack this line, but I am having a prob getting a new thread started, ( see above)

 

Quick opinion on the 2 pdfs would be much apprexciated

 

Again, sorry to use this excellent thread for mundane matters

 

Click on debt collection industry in forums then click on the New Thread button, if your still having prob contact one of the site team members

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I just use my native Finnish on them.

Or if I want a laugh I use an Arnold Schwarzenegger soundboard off the t`internet...STOP WHINING cracks me up when they start effing and jeffing about.:)

oh my god have just been reading this thread it has cheered me up soooo much am wetting myself please can you tell me how to do this as these debt collectors are really getting me down could do with a laugh at their expense lol

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Forgive me Lord for I have sinned :sad:

Yes I did drink copious amounts of wine on Saturday, and yes I did at that time think it would be a good idea to ring up RCS, on behalf of the previous occupier.

I did use her name and her 'reference number'

I did not swear, just told the very officious monkey that 'she' would not be paying a penny!

As I recall, this irritated the monkey, and all sorts of 'legal language' came out before they slammed the phone down:confused:

 

More wine followed, and more devious scripts are being written up.....:p

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I have recently written to Ellie offering my services as a 'secret debtor' like a secret shopper with attitude provided that we can agree a fee.

The downside, for her, is that I will not provide the service for nothing and unless she agrees I will continue to refuse all calls.

 

With that in mind it occurred to me that we should perhaps have a cagmeet on say skype - up to something like 25 members - no travelling costs - and as much to drink as you can afford.

 

I would propose that we a) set up new cagskype addies and2) use it for training purposes perhaps Fuzzy would give his time and expertise in a DCA debt call 101 scenario.

 

On a more serious note we could discuss tactics and maybe role play court questions without revealing our hand to the DCAs provided we take care with security to prevent the 'guest' lurking.

 

Your comments are invited.

 

GK

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I'm a big fan of skype, GK has a good point about role play etc, I would say that as long as too much information is not taken away from the forum it is a good idea in principle.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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be handy for those that are on "THREE" also there is going to be a SKYPE sim for one off charge of £2, , so looks like if you get an old "3" phone stuff one of these sims in it you have mobile calls to skype for free, checking that bit out now ,,

..

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I have recently written to Ellie offering my services as a 'secret debtor' like a secret shopper with attitude provided that we can agree a fee.

The downside, for her, is that I will not provide the service for nothing and unless she agrees I will continue to refuse all calls.

 

With that in mind it occurred to me that we should perhaps have a cagmeet on say skype - up to something like 25 members - no travelling costs - and as much to drink as you can afford.

 

I would propose that we a) set up new cagskype addies and2) use it for training purposes perhaps Fuzzy would give his time and expertise in a DCA debt call 101 scenario.

 

On a more serious note we could discuss tactics and maybe role play court questions without revealing our hand to the DCAs provided we take care with security to prevent the 'guest' lurking.

 

Your comments are invited.

 

GK

 

 

Shame no DCA's still contact me. I'd write their HQ a letter stating something like

As I've received no proof of the debt, and it is in dispute with the original creditor I have no business relationship with you. I'll be happy to work for you as a secret shopper though. I'll receive calls on the basis of £50 per call received, continuing calls from you will be deemed acceptance

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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You can tell its the start of a new fincial year, Old accounts being raked up by desperate DCA's,

 

Lowells letter, obviously urgent as 2nd class post, chasing an account which was CCA'd and defaulted nearly 18 months ago, sent them the "Bemused letter" and have had 2 phone calls 1 per day so far, had great pleasure in telling them to F Off ,will only deal in writing and read my letter. She sounded quite taken aback that someone snarled at her, even calling me Sir

 

Ohh well, the game starts, when will they ever learn?

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You can tell its the start of a new fincial year, Old accounts being raked up by desperate DCA's,

 

Lowells letter, obviously urgent as 2nd class post, chasing an account which was CCA'd and defaulted nearly 18 months ago, sent them the "Bemused letter" and have had 2 phone calls 1 per day so far, had great pleasure in telling them to F Off ,will only deal in writing and read my letter. She sounded quite taken aback that someone snarled at her, even calling me Sir

Ohh well, the game starts, when will they ever learn?

 

Oops, I thought you were female *blush*

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I always thought the female version of a demon was a demonette.

 

So hard to tell on the internet these days who is male and female. Some forums have blue and pink squares so everyone knows who eveyone is to avoid chatting up the wrong peeps. :-o

 

Luckily I have not made that mistake. But some peeps think fuzzybobble is female, even though my avatar is a gingerbread MAN.

 

I blame Tesco for calling them "gingerbread characters"

 

Damn political correctness for causing confusion.

 

Here's a non PC joke by the way.

 

EDIT

 

I'm off. I can hear the PC brigade pushing the Cagbot down the corridor.

 

Night peeps ;)

Edited by freakyleaky
No explanation needed really

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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I always thought the female version of a demon was a demonette.

 

So hard to tell on the internet these days who is male and female. Some forums have blue and pink squares so everyone knows who eveyone is to avoid chatting up the wrong peeps. :-o

 

Luckily I have not made that mistake. But some peeps think fuzzybobble is female, even though my avatar is a gingerbread MAN.

 

I blame Tesco for calling them "gingerbread characters"

 

Damn political correctness for causing confusion.

 

Here's a non PC joke by the way.

 

edit

 

I'm off. I can hear the PC brigade pushing the Cagbot down the corridor.

 

Night peeps ;)

 

LMFAO :lol::lol::lol:

Edited by freakyleaky
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I always thought the female version of a demon was a demonette.

 

So hard to tell on the internet these days who is male and female. Some forums have blue and pink squares so everyone knows who eveyone is to avoid chatting up the wrong peeps. :-o

 

Luckily I have not made that mistake. But some peeps think fuzzybobble is female, even though my avatar is a gingerbread MAN.

 

I blame Tesco for calling them "gingerbread characters"

 

Damn political correctness for causing confusion.

 

Here's a non PC joke by the way.

 

EDIT

 

I'm off. I can hear the PC brigade pushing the Cagbot down the corridor.

 

Night peeps ;)

 

how can you tell that its a gingerbread man? it could be a flat chested gingerbread woman.

Edited by freakyleaky
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Political Correctness is a fashion movement, Racism was and is a hate movement based on skin colour.

Funny how all us good white folk love to stand with pride on Poppy Day, listening to the Last Post and Reveille being played on trumpet (which i used to play) to commemmorate those brave dead men and women who fought to beat a man who would find such jokes very amusing.

Every flower starts with a seed, as does a thorny bush.

Free speech is cool aint it

The financial system is collapsing, time to raise a glass to the end of the biggest pyramid scheme in history - The Debt Industry :whoo:

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Free speech is C:cool::cool:L... But play by cagbot's rules or I feel he may pay this thread a visit if we get 2 unPC (if that is a word)

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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Nice one fuzzy. Let's see how long it is before that gets cagbotted.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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