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    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
    • Car maker takes a hit from weakening demand and price war in the world's largest electric vehicle market.View the full article
    • please stop posting up unnecessary unnamed screenshot files  you've done it throughout your threads and we have to renamed them. RENAME THE FILE before you upload if its just text information like a defence or a claim history or a link to a previous post  type it here not by an unnamed screenshot attachment  . sorry NM but you've been here dealing with PPC claims since 2021 somehow you always manage to screw up.......or do totally the opposite of std repeated advice on 10'000 of PPC threads here you are your own worst enemy... dx  
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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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ACS:Law copyright file sharing claims, Gallant Macmillan - and probably some others along the way...


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Have just phoned the SRA (Solicitors regulation authority), took a while to get through as they are very busy (obviously with complaints about ACS).

The lady was very nice, knew exactly who ACS where, where they are based at and everything else about them, as they have had a lot of complaints about him and are compiling a huge file (not individual cases, but one huge one) against him. She took all my details and is passing the info on to a guy who is looking into ACS at present and said it will help them build a case against him and they will keep me posted........:D

 

Oh.... also suggested to speak to a solicitor in meantime for some legal advice.

 

Looks like Andrew Crossley could be in trouble because of his behaviour!!

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Just passed my complaint on to the SRA was told its being processed as an priority case due to the amount of complaints being made about them. (I had Just passed my complaint on to the SRA was told its being processed as an priority case due to the amount of complaints being made about them. (I had previous contacted them when I first recieved letters from acs law but contacting them again got my name put in with all the others so its no longer a single complaint).

 

I urge anyone who has not been in contact with them to do so asap.

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Its looking good (for us) and bad for ACS :). Anyone know if Watchdog took an interest ?. I notice its back on TV tonight and they did previously do a feature on Davenport Lyons and it was mostly their feature that revealed that innocenmt people were beiong accused and shortly after DL dropped it all.

 

Andy

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As a new member i have also received correspondence from ACS LAW. They have sent me two letters. I like other members have contacted the Solicitors Regulation Authority whose telephone number is 08706062555. My next steps are to contact my MP and the Information Commissioner. ACS LAW are now sending letters to residents livinh in N. Ireland.

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Can I urge people to also speak to their MP and reply to the consultation on illicit file sharing?

 

Unfortunately links are banned on this forum, but if people search for my username on slyck, I have posted all the info you need over there.

 

I cannot emphasise enough how much of a golden opportunity the consultation is. We get to put our views directly to the people who are going to be making the policy in this area. They must not be allowed to have a feasible business model based on bringing litigation for copyright infringement! It closes very soon, so time is of the essence!

 

Any questions, PM me.

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If you type in "consultation on illicit file sharing" into Google it should be the first item. Appendix A has a list of questions that you can answer, but I assume you can submit other things as well. There was something on the BBC that the figures on illicit downloads were totally wrong and had been completely incorrectly calculated. It does seem something of a witch hunt, presumably good lobbying by the industry.

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If you type in "consultation on illicit file sharing" into Google it should be the first item. Appendix A has a list of questions that you can answer, but I assume you can submit other things as well. There was something on the BBC that the figures on illicit downloads were totally wrong and had been completely incorrectly calculated. It does seem something of a witch hunt, presumably good lobbying by the industry.

 

Tom watson MP has linked to a wiki (called myrandomstuff [dot] wikispaces dot com) that has the addresses to send your replies to. Googling his name in conjunction with it might get you to it. You can submit your answers by email or letter.

 

Here are a few of my thoughts on the consultation:

 

As piglette said, they have a set of specific questions they want answers to, but more generally:

 

 

  • You should make clear you are a member of the public being falsely accused of copyright infringement by ACS:law (if that's what you are) and that they are demanding £500 off you and are threatening court action if you do not pay. If you're speaking in any other capacity then make that known.
  • You can add a little information on your own situation if you like and the horror and distress caused by having this hanging over you. But be brief. They aren't looking for rants.
  • Think about whether you think penalties for sending out false allegations are appropriate. What should they be?
  • Think about the time limit there should be for them to act (it can take them a much shorter time than it does now).
  • Think about the standard of evidence which should be required. They are thinking of making it on the balance of probabilities - essentially the same as now.
  • Should there be a limit on how many notices a rights holder can serve in a certain period?
  • £500 is awfully steep for a single file. Do you think this is right? How much do you think they should be able to ask you for?
  • The real threat in ACS' letters come from the boogeyman of legal costs. Even if they managed to claim a more reasonable level of damages of, say £30 off a file sharer in court, the legal costs will be thousands of pounds. this is where the fear mongering comes in. Should this be allowed, or should there be limits on this?
  • Think about whether it is appropriate for there to be a valid business model in threatening mass litigation such as this where the more IPs they can harvest, the more letters they can send out, the more money they can rake in. Do you think that encourages them to be as thorough as possible in sorting the guilty from the innocent or examine the validity of their evidence?
  • Do you think that rights holders should be allowed to take you to court before they have made attempts to stop a person infringing / warn them their connection may be being hijacked? Or should they be allowed to do both at the same time?
  • There is a full list of questions beginning from page 30 of the consultation pdf. You should attempt to answer at least some of the questions, although if you don't have an opinion or experience of them simply leave them out.

The deadline for the consultation is the 29th of september, so get writing!!!

Edited by penumbra
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The deadline for the consultation is the 29th of september, so get writing!!!

 

Interesting reading even if you dont wish to reply, the section Technology: identifying the infringer and Consumer protection and level of proof are useful and could be used as a defence if ever any cases got that far.

 

Andy

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just looked at their web site and they say that the second lot will be selected next week.just a thought how do they select who they pick.if we are all so called guilty why do they need to pick and not send them all out in mass as they do with all their other letters:confused:

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just looked at their web site and they say that the second lot will be selected next week.just a thought how do they select who they pick.if we are all so called guilty why do they need to pick and not send them all out in mass as they do with all their other letters:confused:

 

Mmm.... that's a hard one, let me see, if I was in their position I would go for those that acted like ostriches and buried their heads hoping it would go away rather than those that vigorously denied it and stated in no uncertain terms that they would defend. :rolleyes:;)

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D_arkTrooper said that he has received a large brown envelope from the Central London County Court in spite of the fact he had already sent two letters of denial to ACS. Personally I think ACS must be mad to send a claim out to someone who has already denied the accusation twice. As cerberusalert says the people to go for are those who have not bothered to reply at all.

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