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    • 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  
    • According to Parkopedia parking is limited to two hours.  I don't know how accurate this is though. What were you doing there for four hours?
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Halifax claimform for 'preference' account credit card


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Send the defence as per nicklea.

 

Also write to claimants, giving them 7 days in which to supply info. under CPR31.14 - send Rec. Del.

 

You can decide when the AQ arrives whether to apply for draft directions to make claimants cough up the info. or apply for a N244.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Oh, just seen you've asked twice for info already. Were both these requests under CPR31? If so, you don't need to write to claimants again, if only one under CPR write again to cover yourself.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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The problem is that this is a small claim - I think that you need to file the holding defence and then make an application NOW on an N244 for an order that they comply with your CPR 31.14 request and that the proceedings are stayed until they comply.

 

If you leave it until allocation it'll be too late and you'll have to start again with a Request for further information under Part 18

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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The problem is that this is a small claim

 

Well spotted IGNM. :p

 

I've read too many threads, sorry FDPM. Follow IGNM's advice & apply for N244 now or submit another CPR request to claimant under CPR18. As soon as it is allocated to a track, it will become a small claim (under £5000) & you can't use the CPR31/N244 route, you would use CPR18 & apply for draft directions with your AQ to seek compliance.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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:p

 

I've read too many threads, .

 

Tell me about it...I've found that sometimes I find myself commenting on the wrong threads...

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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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Ok thanks guys but now I'm a little more confused.

 

I've seen the N244 guidance somewhere, so basically I get one of these forms and fill it in and take it to court?? How do I go about this procedure?

 

I've got my defence ready, I think, I copied one from one of the other threads - it seemed more detailed than the one nicklea put on here?

 

Now I sound like I'm ignoring advice but I'm not, I just want to try and make sure it is right. The credit card in question was 'preference' account card and I've seen loads of threads on here about them and think my one is definitely a good case - the card was given to me in 1999 after I had taken out a loan, since repaid, and I have never received a DN -

 

Can one of you hold my hand on this - I'll be able to do things on Tuesday as off work then, I worked out today that I have until 20th May to submit the defence.

 

Thanks

I'm a L-Plate cagger - new at all this but determined to learn as much as I can, to help as many others as I can, and to fight back as often as I can!:-x

Any help or advice from me is offered in good faith, based on my knowledge and experience gained either from here or from my own cases. I am NOT a legal expert. There are several other CAG members and the site team who are much better qualified than me. Please do not make any decisions based on my advice alone.

Donate as much as you can to this site as often as you can! We need to keep on helping each other.

 

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The details you put in Post 23 should suffice for Form N244, FDPM.

 

'The application is made because of the Claimant's refusal to comply with the Defendant's CPR 31.14 request and the documents are required owing to [not sure what to put here????] and to enable the proper preparation of a Defence.'

 

Suggest you complete it here with something like:

 

'the Defendant not having seen or being in possession of (a) a copy of the Default Notice & (b) an agreement containing the prescribed terms as determined by the CCA1974, both of which the Claimant refers to in his recent claim & on which he seems to be relying on for prosecution of this claim' Without the production of these documents it is impossible for the Defendant to submit a proper & informed defence'

 

You should get the N244 in before your defence is due in & submit a letter with it asking the court to deal with it speedily as the date your defence is due is xxxx.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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The problem is that this is a small claim - I think that you need to file the holding defence and then make an application NOW on an N244 for an order that they comply with your CPR 31.14 request and that the proceedings are stayed until they comply.

 

If you leave it until allocation it'll be too late and you'll have to start again with a Request for further information under Part 18

 

Please can you confirm that I file the defence as written by nicklea (above) as my holding defence, and then do the N244?

 

Also, as the CCC was issued by Northampton, where do I send the N244?

I'm a L-Plate cagger - new at all this but determined to learn as much as I can, to help as many others as I can, and to fight back as often as I can!:-x

Any help or advice from me is offered in good faith, based on my knowledge and experience gained either from here or from my own cases. I am NOT a legal expert. There are several other CAG members and the site team who are much better qualified than me. Please do not make any decisions based on my advice alone.

Donate as much as you can to this site as often as you can! We need to keep on helping each other.

 

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Both defence and N244 go to Northampton - what will happen is that the case will then get transferred to your local court

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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Ok thank you - final thing can you please confirm that the defence as supplied by nicklea (above #27) is the correct holding defence for me to use?

I'm a L-Plate cagger - new at all this but determined to learn as much as I can, to help as many others as I can, and to fight back as often as I can!:-x

Any help or advice from me is offered in good faith, based on my knowledge and experience gained either from here or from my own cases. I am NOT a legal expert. There are several other CAG members and the site team who are much better qualified than me. Please do not make any decisions based on my advice alone.

Donate as much as you can to this site as often as you can! We need to keep on helping each other.

 

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Yes - its' fine - at this point there's actually not much more you can say

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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Ok and BIG BIG Thank you to IGNM, FG, 42Man and Nicklea -

 

I'm going to do the N244 today and enter my defence online today and then I will wait and see what happens.

I'm a L-Plate cagger - new at all this but determined to learn as much as I can, to help as many others as I can, and to fight back as often as I can!:-x

Any help or advice from me is offered in good faith, based on my knowledge and experience gained either from here or from my own cases. I am NOT a legal expert. There are several other CAG members and the site team who are much better qualified than me. Please do not make any decisions based on my advice alone.

Donate as much as you can to this site as often as you can! We need to keep on helping each other.

 

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Good luck, let us know the outcome...

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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