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

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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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Drydens Egg - redetermination hearing 2morrow

plucked chick

By plucked chick
in Financial Legal Issues

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plucked chick

plucked chick

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Hi there guys,

 

Well its sort of going okay but when I took my N244 in with the AQ the girl at the desk said I could not do that now and would have to wait until I had a date? Which is why I was asking the ? as to whether to try and put it in now - any thoughts?

 

Whilst cagging thought I would post this - I don't know what peeps will make of this but I have eventually got a reply from Ministry of Justice through my MP on the loophole that some lenders are using to get a charging order with the ccj - this reply either says a lot or the usual blah blah - but it might pull weight with some judges as evidence as when I went for the egg loan the judge was being persuaded by the other side that this was quite legal to do a forthwith and charging order all at the same time luckily he didn't.

 

Here goes not too brill with this photobucket thing:

mofj012-1-1.jpg

mofj013-2.jpg

Edited by plucked chick
left name in - oops
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citizenB

citizenB

Posted
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A rather interesting reply Plucked Chick. :D

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plucked chick

plucked chick

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Hi CB,

 

I also received a letter from DCA this morning saying that they are disappointed that I have not replied to their Tomlin Order and given an absolutely final 7 days (third 7 days). Typed recorded delivery when it wasn't and giving a a copy of the Court Order confirming the court date and threatening that there will be significant costs should I let this go to Court. My question is that would I have received copies of papers that they had to get to the Court by 12th April which was on the Draft Directions in my AQ? or will I have to approach the Court to find out? Also do I do my N244 now as I have to get an amended defence to the Court by the 9th June?

 

PC

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plucked chick

plucked chick

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Hi,

 

When should I do an N244 - I have a court date for the hearing on 3rd July and any further evidence to be in by 9th June. It appears that they have not provided any of the documentation that the judge asked them to provide by the 12th April so it could be seen on the 14th April by the judge. A court date has still been sent though. I did try and do an N244 when I took my AQ in but the girl behind the desk said I couldn't do that yet???

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  • 4 weeks later...
plucked chick

plucked chick

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Is anyone out there today as I have just filled in my N244 requesting that the claimants statement of case be struck out without further order as they did not comply with the District Judge's order - my very urgent question is do I have to supply any copies of anything with it or is it sufficient that they have not complied????????????????????????

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bazaar

bazaar

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Posted

well, as youre an LIP, youre quite within your rights to ask the court clerk, but if they havent complied with the judges order, then that should be defence enough. Obviously make sure you press home the fatc that they have ignored the honourable judge

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  • 3 weeks later...
plucked chick

plucked chick

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:confused::pEgg and their DCA have "come to a commercial decision" after weeks of the DCA giving me a further five days six times over to sign my rights away with a Tomlin Order when they did not or could not follow court directions for the default notice, cca and notice of assignment etc. They kept saying "you must sign this Order so that we can tell the Courts we have accepted your offer" I was very suspicious as I returned a letter saying that if they had accepted my offer then I did not have to sign anything especially as the Tomlin Order increased payments 100% each year and if I missed a payment they had the right to go for a forthwith. So I don't have to go to court on Friday - my question is though I put in an N244 requesting that the Court throw their claim out as they had not adhered to the Judge's Order in April. They have rushed a Notice of Discontinuence to me with a copy of a letter to the Court saying that they have enclosed the Notice as they wish to "take a vacation". Does this mean I can continue with my N244 or does this "vacation" mean a stay. I put my N244 in three weeks ago - what happens now?
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plucked chick

plucked chick

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When I first went to Court last September 08

I hadn't met you lovely lot so I didn't know what I was doing.

 

I had part defended the claim so they just slapped a ccj on me for £5 per month.

 

Okay, I thought, I can cope with that for the moment.

They had not sent a default notice despite my request for a copy of one as I had not received it.

 

Egg then decided this was not enough as they were after a charging order so went for a variation.

 

The judge was going to give a forthwith until I said I would up it to £50 per month (which I am struggling with)

 

This was an unsecured loan and although they sent a copy of the cca they have sent four different terms and conditions

none of which appear to be connected with the agreement.

 

The judge said I was at liberty to apply to the court to get the ccj set aside.

 

How does one go about this?

 

Please help as this £50 is really difficult to find.

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dx100uk

dx100uk

Posted
Posted

from usig the search inthe blue bar above

 

the followin links have been found

 

Setting aside the original CCJ of your CCA

 

Step by step CCJ removal

 

hth

 

dx

  • Haha 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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AndyOrch

AndyOrch

Posted
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Hi Plucked Chick

 

"They have rushed a Notice of Discontinuence to me with a copy of a letter to the Court saying that they have enclosed the Notice as they wish to "take a vacation". Does this mean I can continue with my N244 or does this "vacation" mean a stay. I put my N244 in three weeks ago - what happens now?"

 

Simply means that they have vacated the Hearing and given notice to save them the cost of the hearing.If you have been given a NoD then you need to accept and inform the Court of your acceptance and also check that the Court, they have recieved the same from the Claimant,You may wish to consider wasted costs in favour of yourself.

 

Regards

 

Andy

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I've got no money

I've got no money

Posted
Posted
Hi Plucked Chick

 

"They have rushed a Notice of Discontinuence to me with a copy of a letter to the Court saying that they have enclosed the Notice as they wish to "take a vacation". Does this mean I can continue with my N244 or does this "vacation" mean a stay. I put my N244 in three weeks ago - what happens now?"

 

Simply means that they have vacated the Hearing and given notice to save them the cost of the hearing.If you have been given a NoD then you need to accept and inform the Court of your acceptance and also check that the Court, they have recieved the same from the Claimant,You may wish to consider wasted costs in favour of yourself.

 

Regards

 

Andy

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On a discontinuance you are entitled to your costs up to the date of discontinuance.

 

What you need to do is work out your costs and write to the other side and ask for them.

 

You can claim for:-

Research

Preparation

Letters

Telephone calls

Photocopying

Postage

Court fees

Travel/car parkinbg

Attendance at court

 

You can charge for your time at £9.25 per hour

  • Haha 2

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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AndyOrch

AndyOrch

Posted
Posted
On a discontinuance you are entitled to your costs up to the date of discontinuance.

 

What you need to do is work out your costs and write to the other side and ask for them.

 

You can claim for:-

Research

Preparation

Letters

Telephone calls

Photocopying

Postage

Court fees

Travel/car parkinbg

Attendance at court

 

You can charge for your time at £9.25 per hour

 

Well I never knew that IGNM really!!!! im sure I stated to Plucked ChicK the very same thing

 

 

Andy:confused:

We could do with some help from you.

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I've got no money

I've got no money

Posted
Posted
Well I never knew that IGNM really!!!! im sure I stated to Plucked ChicK the very same thing

 

 

Andy:confused:

 

True - but you didn't tell PC what they could claim for or how to do it...I was merely filling in a gap...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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AndyOrch

AndyOrch

Posted
Posted

Fair enough follow me around the threads and expand or repeat as in this one

 

subscribed.gifUrgent - need to file defence for CL/Howard Cohen Claim

 

Regards

 

Andy

We could do with some help from you.

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I've got no money

I've got no money

Posted
Posted
Fair enough follow me around the threads and expand or repeat as in this one

 

subscribed.gifUrgent - need to file defence for CL/Howard Cohen Claim

 

Regards

 

Andy

 

In that particular thread I was tempted to suggest that it was actually fairly pointless to phone the court as all they were likely to tell the OP was that it was stayed until they heard from the claimant but I didn't as I know that you get a little sensitive when someone questions your advice...I adopted a more tactful approach...

 

On this thread there was a need to explain to the OP what they needed to do and how to do it - had you done that in the first place I wouldn't have needed to...the fact that I quoted your post made it clear that I was adding to your comments

 

Regards

 

IGNM

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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plucked chick

plucked chick

Posted
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Many thanks dx100uk

- will have a proper look at the thread tomorrow.

 

The copy of the ca that was sent to me at the time seemed okay apart from the fact that egg had given several breaks to me of three months at a time

and then they are supposed to increase the payments they did not they increased the time without sending a new ca.

 

Do you think this counts as breaking the terms and conditions

- mind you there are no terms and conditions that corrolate to the ca (they have sent four different lots!)

This ca was from year 2004.

 

Also as stated before there was never any default notice received.

 

I did request one before the court hearing but I just got a template of what it would have looked like if I had received it?

 

They also sent a letter saying that they do not keep copies of default notices.

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I've got no money

I've got no money

Posted
Posted

If they have discontinued it is likely to be unenforceable - it is possible for them to bring fresh proceedings but they would need permission from the court.

 

As to whether you are entitled to stop paying - if an agreement is uneforceable it doesn't mean that it ceases to exist it means that they cannot enforce it...so it is a matter for you whether you keep paying or not - if it were me I wouldn't pay them any more...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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  • 2 months later...
plucked chick

plucked chick

Posted
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Posted

Hi, Hope everyone is well?

 

Am trying to get my CCJ set aside as there was never any default notice received and the DJ said to me that I was at liberty to apply to get the ccj thrown out. I do remember reading somewhere about dodgy Egg Agreements made before 2004? Can someone point me in the right direction? I am going to attempt to fill in my N244. Many thanks. PC

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AndyOrch

AndyOrch

Posted
Posted

Hi PC

 

Egg Credit Agreements-what do i think is wrong with them

 

I would grab a large flask of coffee its a long thread;)

 

Regards

 

Andy

We could do with some help from you.

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  • 4 months later...
plucked chick

plucked chick

Posted
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Several things to ask anyone out there if they can help? Went to Court in 08 after defending a ccj on my egg loan - judge issued one but said I was at liberty to go back as no Default Notice had been issued/received. Is there a time limit on going back with an N244? - as I have other nasty people on my back haven't been able to face it but I feel stronger now especially as Drydens have started sending nasty threatening letters with income and expenditure forms attached even though they have a ccj - they are threatening further action if I don't fill these in - are they threatening to try and vary the order?

Also for the egg credit card as they couldn't produce the documents for court they issued a Notice of Discontinuation but keep passing it to different debt collectors who threaten to take me to Court!!!! I just say "Please do" but they still keep threatening. Does this mean they can just keep passing it on and can they take it back to Court? If so, this could go on and on and on?:?:-|

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