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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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who can take on a bailiff with me ?

bullied by bailiff
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JonCris

JonCris

Posted
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Please also don't forget to complain, 1st to the Chief Constable then to the IPCC about the police officers who attended & badly misled you as to your right to refuse entry because until enough victims complain will we get the message through to the police that aiding abetting such illegal behaviour is NOT a civil matter but a criminal one

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JonCris

JonCris

Posted
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Form 4 already sent last month. problem I have now is i need to do the N244 today as bailiff has already put my vehicle in an auction. can someone with experience PM me with a contact number and i will call them back.

 

 

Suggest you PM tomtubby asap

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bullied by bailiff

bullied by bailiff

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Form N244 sent to TEC today, council informed, parking dept wont call the dogs off, managed to get vehicle sale put on hold with bailiffs, but now they want to charge me a daily storage rate untill the court case is over and put this on top of their fees.

 

Has anyone got any case history of form 4 complains I can quote when I go to court.

 

Also can anyone recommend a good solicitor prepared to represent me for the form 4 complaint, and also the N244 representation

 

many thanks

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bullied by bailiff

bullied by bailiff

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just a quick update

 

Form 4 response from bailiff received, he has answered the complaint with help of his legal dept. it is just as well i did a section 7 on council, guess what, the bailiff did an illegal DVLA search and DVLA aint happy. I will keep you posted on progress, (looks like another court case)

 

keep smiling

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kermit2482

kermit2482

Posted
Posted
just a quick update

 

Form 4 response from bailiff received, he has answered the complaint with help of his legal dept. it is just as well i did a section 7 on council, guess what, the bailiff did an illegal DVLA search and DVLA aint happy. I will keep you posted on progress, (looks like another court case)

 

keep smiling

 

You say he did an illegal dvla check, What brings you to this conclusion??

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kermit2482

kermit2482

Posted
Posted
Sorry Kermit, You might be one of the good bailiffs, but I have a letter from DVLA confirming a breach of "section 55 of the data protection act." I will post it on here later.

 

 

The reason i ask is that certain criteria has to be forfilled before a bailiff can do a dvla check and all information is loggged, therefore i see no way that this can be done, however im prepared to be accept that rules could be broken i guess.

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bullied by bailiff

bullied by bailiff

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Kermit,

the Bailiff in question used a form VQ4 but on it stated, that the reason was a "parking offence" he then put the PCN number on it from the original ticket and the registration of another vehicle he wanted the owner details of that is not related to this ticket in any way in order to find out if i owned a car which he then clamped and removed, leaving me with a bill for £1499.00.

 

after a subject data access request and ten pounds of my money, The kind people sent me a copy of the DVLA form VQ4 proving their fraudulent use of this privilage given to then by DVLA.

 

I then sent a complaint to DVLA and a copy of the VQ4, The DVLA then sent me a letter stating this was blatant missuse of the system.

 

DVLA also sent me a copy of the letter that they sent to the council and the bailiffs, and guess what......the council told DVLA they did not receive it and therefore did not answer it in the given time.

 

I told DVLA I had faxed the council a copy 2 weeks ago. so not only do they lie to me, they try it on with DVLA too.

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kermit2482

kermit2482

Posted
Posted
Kermit,

the Bailiff in question used a form VQ4 but on it stated, that the reason was a "parking offence" he then put the PCN number on it from the original ticket and the registration of another vehicle he wanted the owner details of that is not related to this ticket in any way in order to find out if i owned a car which he then clamped and removed, leaving me with a bill for £1499.00.

 

after a subject data access request and ten pounds of my money, The kind people sent me a copy of the DVLA form VQ4 proving their fraudulent use of this privilage given to then by DVLA.

 

I then sent a complaint to DVLA and a copy of the VQ4, The DVLA then sent me a letter stating this was blatant missuse of the system.

 

DVLA also sent me a copy of the letter that they sent to the council and the bailiffs, and guess what......the council told DVLA they did not receive it and therefore did not answer it in the given time.

 

I told DVLA I had faxed the council a copy 2 weeks ago. so not only do they lie to me, they try it on with DVLA too.

 

Well im shocked to be honest, what a cunning bar steward this bailiff was, there is no need for this and to be honest i wish you luck with your quest!!

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letsmakeamark

letsmakeamark

Posted
Posted
Form N244 sent to TEC today, council informed, parking dept wont call the dogs off, managed to get vehicle sale put on hold with bailiffs, but now they want to charge me a daily storage rate untill the court case is over and put this on top of their fees.

 

Has anyone got any case history of form 4 complains I can quote when I go to court.

 

Also can anyone recommend a good solicitor prepared to represent me for the form 4 complaint, and also the N244 representation

 

many thanks

 

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/154015-major-local-authority-does.html

 

you may want to read my above thread that may help you.

So whats cooking today ?

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  • 2 weeks later...
bullied by bailiff

bullied by bailiff

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Hi,

 

Just been before district judge for N244 to have stat dec out of time upheld, Council parking dept turned up and judge found in MY favour. Please can someone tell me what happens next, as council parking say this is first time this has happened to them and they are clueless to the process.

 

Many thanks

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letsmakeamark

letsmakeamark

Posted
Posted (edited)

Once a county court judge rules that your n244 application to set adise the court officers decision is allowed your out of time will be automatically accepted. You may have to send a copy of the judgement you recieve to tec who will then issue you with a revoking order. A copy will also goto the la. This will then revert back to a nto. Which you can challenge as if it had not gone this way. I would take pictures of the damage to your vehicle and log a complaint with the police. Take pictures of the damage and get a estimate and then write to the bailiff company. Similar to how you would cgo about claiming your bank charges. Then issue a small claim against them of if the damage is valued at 5K or more issue a small claim and have it allocated to the fast track. While you are at it issue a joint claim against the bailiff company and the council who instructed them.

Edited by letsmakeamark

So whats cooking today ?

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Heathliver

Heathliver

Posted
Posted

From what I have read you would have to go with an assessor to collect your car to check for damage if it not already sold. If it is damaged you then write to the bailiff company to notify them of the damage enclosing photos, estimate and a letter giving them 14 days to respond with a cheque for the full repair and all your costs or face legal action. When they do not respond, get your solicitor to either issue cc action or go straight for a high court order. The main cost is in solicitor's fees that you will recover from the bailiffs or the issuing authority. You will be able to instruct a HCEO when you gain your order. If the CCJ is over £5,000 it is mandetory that it goes to the High Court for an oreder of Fi-Fa.

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