Jump to content


  • Tweets

  • Posts

    • Funnily enough the ad is still available online Range Rover 4.4 SDV8 Autobiography LWB Previously Sold | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire but the autotrader version isn't which was probably slightly different potentially with more information. Reported to FOS over the phone but essentially gave them the same information I've stated here, updating them that I'm paying for a car I haven't had for nearly a month now etc I'll certainly come back with an update. Fingers crossed they will realise it's not worth taking to court. So the inspection among other things found a hairline crack across a load bearing section of the chasis which at the minute to the naked eye looks tiny but could turn out to be catastrophic and has had some filler chucked on top of it but we'll see what Clinkards inspection comes back with. Distance wise I believe they're around 165-170 miles away from me. Also I'm sure many people will have PCP agreements as it's the most common way to buy cars under 5 years old but they just forgotten the terminology or name for it. Pay deposit, choose a length then pay the difference between value today and guaranteed future value at the end of that agreed term   Whole experience has scarred me and moving forward I'd be tempted to pay for a pre purchase inspection myself because these guys are bigggg traders with a lot of top end cars. I just hope they don't make any more silly offers
    • Strange final response. They say that they are still investigating but they are giving you their final response anyway. Seems like a load of nonsense. Have you got a copy of what you then sent to the ombudsman? Anyway, for the moment although would like to know – it really is all for curiosity because as you have put it into the hands of the ombudsman it's probably not worth doing anything more until you have a reply. I would suggest that when you decide to spend this kind of money in future on a used car, that you understand exactly what your rights are before you make the purchase. When you buy anything – and maybe especially used car you should realise that you aren't only paying for the car, you are also paying for a bundle of consumer obligations which are intended to bind the dealer. You are paying for a vehicle which is of satisfactory quality and remains that way for a reasonable period of time and you are paying for any defects which emerge to be addressed and repaired at the expense of the dealer. We've already pointed out that by purchasing the warranty, they have effectively persuaded you to pay for something for which you have already paid. Very decent of you not to want to cause trouble in respect of defects which manifested themselves within the first few weeks. I have no idea why. For £78,000…. This you say that they were age-related problems – that is still no reason why those defects should have been there or why the dealer should not have been responsible for them. It seems to me that you have a clear case against the dealer/the finance company. We don't have many or any PCP purchases on this forum. However, it seems to me that the finance company is probably responsible for the condition of the vehicle because effectively you have bought it from them and to that extent it should be the same as HP. With a hire purchase agreement, it is as if you bought the vehicle directly from the finance company not from the dealer and it is the finance company which bears all the consumer obligations. I think the only thing you can do is to monitor the situation. Update us when you hear from the financial ombudsman and if you need to take the matter to court then we will help you. In principle it should be straightforward – but certainly there is a risk of a serious bill for costs if you lose. I don't see you losing. Did you say somewhere that the report suggested that the vehicle was unroadworthy? Have you got the advertisement for the vehicle? Does it make claims for the vehicle which are clearly untrue? And by the way, four hours away from you is what kind of distance? Have you read our used car guide? Have you looked at the video?
    • there's one in this thread.. i wonder if its the same, they seem to be identical regardless each time we have a thread with one Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group  
    • It was really this daft Privacy Notice we were after, but no worries, I'm 99% sure it doesn't count as a NTD otherwise in his letter Simple Simon wouldn't have offered the discount of paying £60 instead of £100. Apologies for jumping the gun earlier. It's a pity your friend paid.  It's neither here nor there if Excel would back down or not.  They are not some statutory authority.  They're just a cowboy private company.  The only way she could have been forced to pay is if a judge had ruled against her in a court hearing, which is highly unlikely given she could have proved to have been elsewhere. I see her "offence" was in May 2023 so logically Excel and their signs were there by then.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Help Needed in Order for Costs against CapQuest


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5443 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

CapQuest had issued a Statutory Demand for Bankruptcy, I applied to have it set aside and CCA'd them for proof.

 

They haven't been able to find anything and are now getting pretty obnoxious about my hearing date; saying they are happy to withdraw without charging me, its going to make it worst for me in the long run if I don't cancel the hearing etc..

 

I'm happing to go along with it and indeed I think the Clerk of the Bankruptcy Court wants me to as he and the judge are getting "pretty fed up with CapQuest"!

 

I want to present a request for costs and would very much appreciate any assistance that can be given.

 

Specifically I'm looking for help on:

  • When do I present my request?
  • What format has it to be in?
  • How much can I claim for lost earnings, legal preparation fees, travel etc?
  • Can I claim for damages?

Thanks to anyone that can help.

Link to post
Share on other sites

Hi carmen, I'm not to sure about bankruptcy hearings but at county court hearings you are able to ask the judge for your costs to be considered at the end of case (if you win) and he /she will ask you what your costs are and if they consider them reasonable will ask you to present a copy for the other side to view and reply to . I in a recent case had a letter from my company stating my lost earnings and on a seperate sheet added lose of earnings ,travel costs to and from court at 40p per mile ,as well as 2 hours costs for investigating case via internet at £11 per hour.I copied above info onto another 2 sheets ( 1 for judge and 1 for opposition). The judge awarded costs and the other side were lost for words when they asked for breakdown and I handed them the sheet showing breakdown of costs.

Link to post
Share on other sites

Hi carmen, I'm not to sure about bankruptcy hearings but at county court hearings you are able to ask the judge for your costs to be considered at the end of case (if you win) and he /she will ask you what your costs are and if they consider them reasonable will ask you to present a copy for the other side to view and reply to . I in a recent case had a letter from my company stating my lost earnings and on a seperate sheet added lose of earnings ,travel costs to and from court at 40p per mile ,as well as 2 hours costs for investigating case via internet at £11 per hour.I copied above info onto another 2 sheets ( 1 for judge and 1 for opposition). The judge awarded costs and the other side were lost for words when they asked for breakdown and I handed them the sheet showing breakdown of costs.

 

Thanks, so loss of earnings is possible against a frivolous case?

 

That might explain why CapQuest are employing double talk by trying to get me to drop the hearing so they won't claim costs AGAINST ME!

Link to post
Share on other sites

You need to either title a sheet of paper LITIGANT IN PERSON COSTS or use this form here (but change the title to LITIGANT IN PERSON COSTS - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/156641-capquest-statutory-demand-help-4.html#post1765170

 

The costs you need to get into the court 24 hours before your hearing (fax them or post them so they at least arrive 24 hours before the hearing)

 

Claim

 

£9.25 per hour for research for example 10 hours into the Insolvency Laws / Act, 10 hours for research into the Consumer Credit Act

Parking

Postage

Mileage at 40p per mile....

 

You can also ask the judge to order the alleged claimant to make an indemnity award in your favour too

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

Link to post
Share on other sites

I would also URGE you to report them to the OFT too.....as they have recently made some restraint orders on 1st Credit/Connaught as they too have been issuing stat demands in exactly the same way as Capquest...

 

 

Will do, especially as the office next door to mine unveiled a shiny new plaque today, "Office of Fair Trading" !

Link to post
Share on other sites

You need to either title a sheet of paper LITIGANT IN PERSON COSTS or use this form here (but change the title to LITIGANT IN PERSON COSTS - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/156641-capquest-statutory-demand-help-4.html#post1765170

 

The costs you need to get into the court 24 hours before your hearing (fax them or post them so they at least arrive 24 hours before the hearing)

 

Claim

 

£9.25 per hour for research for example 10 hours into the Insolvency Laws / Act, 10 hours for research into the Consumer Credit Act

Parking

Postage

Mileage at 40p per mile....

 

You can also ask the judge to order the alleged claimant to make an indemnity award in your favour too

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

 

This is excellent advice but I have just one more question. When asking for an indemnity award do you ask for a specific amount or is its size(if any) at the discretion of the Judge?

Link to post
Share on other sites

Went to court today and I did specify the amount I was looking for as an indemnity award.

 

CapQuest had already agreed that they couldn't defend but I went along anyway to claim my Costs.

 

Well, I've been awarded 4 figures but the judge expects CapQuest to appeal!! I suppose I'll find out in the next 28 days.

 

 

 

 

For anyone else that wants to go for costs I got this from the hearing:

  • I sent in my award for claim for costs by fax and the Clerks' Office lost it; check with the court before you travel or the judge may not be expecting you.
  • Also bring with you proof that your DCA has received a copy of your request.
  • If claiming loss of earnings bring along proof preferably in the form of a letter from your employer.
  • My judge expected costs to be proportionate to the amount in question - he appeared to be working on approximately 10% max.
  • Be careful how many hours you claim for Litigant in Person costs to learn areas of law. With a SD he was adamant that it is a simple task to set it aside and you don't have to learn anything just follow the guidance on the form! I maintained that a layman had to learn the areas of the law in order to understand the implications of an SD.
  • Finally, really lay it on thick that the DCA has abused the Insolvency process and so fair costs MUST be awarded in order to send the correct signal.

I'll let you know what happens next and I'll be sending a contribution to the site when I get my cheque.

 

PS Can a mod add the WON WITH COSTS to the thread title?

Edited by carman
Change of tiltle needed
Link to post
Share on other sites

  • 4 weeks later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...