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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.

      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.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Natwest/Shoosmiths Court Action


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I think I am getting confused here.

 

I acknowledged my claim within 14 days of the date of service (which it stated on the back of the claim papers was 5 days from the date on the front!).

 

So this should mean I have until the 22nd June 2009 to file my defence? Is this correct?

 

Thanks

 

J

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Hi

 

I have been reading thats were my concerns have come from...

 

In one of the threads I read about someone who was concerned as their date to file the defence fell on a Saturday they were unsure if the defence would have to be filed on the Friday.

 

The 22nd June 2009 is a Monday, therefore would I need to submit my defence by 4pm on Friday 19th June 2009 as I would not be able to file the defence on a weekend?

 

I am going to phone the court but in the threads I have read other people dont seem to have got very confident advice from the people they spoke to.

 

Thanks

 

J

Edited by stressed2009
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If your defence is less than 8000 characters and has less than 122 line breaks then it can be submitted online.

 

However, you can always submit your defence by post on Saturday 20th June using the Royal Mail Special Delivery service which guarantees Next Day delivery.

 

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Thats a great idea I did not think of that.

 

I was under the assumption it had to reach them before that date! Thats better as it will give me Friday night to concentrate on it making sure I get it right!

 

J

Edited by stressed2009
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Hi Jenny

 

 

You can submit your defence anytime over the weekend via MCOL providing it is less than 8000 characters.Alternativly they will also accept a fax if you have this facility

 

Regards

 

Andy;)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Thanks Andy I did not realise you could fax your defence.

 

Another question, my partner and I have both received court forms with the same claim number at the top.

 

As this was the case and the loan and joint accounts are joint, I only sent a letter off with my name on. I have been incredibly stupid as I wont be able to use that they havent responded on his defence will I?!

 

Please can someone help me with what to do?! I cant believe I have done this!

 

J

Edited by stressed2009
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Hi Jenny

 

Everything in duplicate if 2 summons have been recieved.Ie 2 acknowlegements 2 defences dont worry about the CPR request they wont respond anyway, as long as you have requested information pertaining to the claim that is ok.

 

Regards

 

Andy

Edited by Andyorch
edit

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi Andy

 

I really appreciate your help.

 

We acknowledged both of the claims online but for some reason I only sent the letter off from me.

 

I take it usually you would both sign the same credit agreement for a joint loan? So this would make the request for the information the same.

 

They have not responded so I think I am right in filing an embarassed defence?

 

Going to have a look online tonight and prepare it so I can post it up in the next day if someone could check it? :)

 

Thanks

 

J

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Jenny did you recieve a Default Notice for the loan and a termination notice on the o/draft?

 

Andy

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Ok just remember to remove your personal details before posting

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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I am not so sure that I did receive them I have been looking through my letters and statements and cant find them.

As they did not bother responding to my CPR request I guess I will just have to continue with an embarassed defence.

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Hi

 

I have been doing quite a lot of reading this week as need to file my defence by Monday. I have left it til now as have spent most of the week contemplating my consultation period at work (got told my position has been proposed for redundancy on Monday).

 

Would this be an appropriate defence for me, I found it on another persons thread and as the bank have sent me nothing following my request dont know what else to put:

 

I (Worried2009) make this statement as my defence to the claim brought by RatsNest

 

1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR

 

2.No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

 

3.Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

 

 

4.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

 

Statement of Truth dated

 

 

Can any one provide any advice on this?

 

Thanks

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The above is fine Jenny

 

A defence should deal with the claimants pleading and not be complicated and long in these matters. It should not contain references to cases etc. Do not forget you may have to argue that which is contained in your defence and so you need to understand that to which you are endorsing a statement of truth. Until the claimant pleads in an appropriate manner, you should not reveal all your 'cards'.

 

I would also advocate sending the following to the Claimants Sols

 

 

Herewith copy defence by way of service, the same having been filed with the court.

 

Please serve amended particulars of claim and plead yor clients case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement and Default Notice upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

 

 

Yours Faithfully

 

 

 

 

 

 

 

Send Rec Del and retain proof dont sign print

 

Regards

 

Andy;)

 

PS Jenny dont forget to print off your reciept from MCOL after submission

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Oh my god, I didnt realise I would have to put in my counter claim now. How stupid am I. I am still digging out all my statements. What do I do now?!? They never responded to my letter either which requested information....

 

PLEASE HELP ANY ADVISE!!!

 

Thanks

Edited by stressed2009
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Hi

 

I have already posted on another thread I have had going for some time, but need urgent help!

 

Please see http://www.consumeractiongroup.co.uk/forum/legal-issues/201319-court-claim-received-help.html, i stupidly did not realise I would have to file my counter claim now especially as they have not responded to my request for information. Any advice appreciated, I really really need it ASAP!

 

Thanks

 

Stressed2009.:!:

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Threads merged.

 

You don't HAVE to do a counterclaim. What were you thinking of counterclaiming for? IF Nat West submit an amended POC you could always submit it with an amended defence later.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I was going to counterclaim for the bank charges so far have over 3400 I have found but am still trying to find about 5 statements.

 

I thought I would have to file the counterclaim now.

 

I guess with that defence I have posted its not really necessary?

 

I have got myself in such a state over this, sorry.

 

Thanks

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No need to apologise. Just calm down and relax. If you're in a position to do a claim for bank charges, then it would be no bad thing. Have you done a spreadsheet and included interest?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I have started it but missing 18 pages of statements. I strangely have print offs of most of the missing ones with the exception of 8. (Not sure why I still have print offs from 3 yrs ago but glad I do.) My spreadsheet includes all the charges I have found and interest, I used the Interest Calculation spreadsheet I found on here, the simple one.

 

I would rather make sure I am claiming for everything rather than rushing into it and putting in a claim now. What will happen if I dont put the claim in now?

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Here's the Particulars of Claim for your counterclaim.

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/113-4-particulars-of-claim-n1-updated-version-now-available

 

You'll find spreadsheets in the next link. I would recommend the advanced one, which is not as daunting as it sounds. You just have to put in your charges, and the interest as explained in the instructions, and there are formulas that do all the hard work for you. :-)

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/118-interest-calculation-spreadsheets

 

Courts are open until 4 pm.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I dont know what to do, I am at work all day tomorrow so wont get the time to do the counter claim spreadsheet. What happens if I dont file my counterclaim now, will I get a chance to do it?

 

All I went onto the Money Claim website to do was to file the defence I have above, then saw that you do the counterclaim at the same time. Will the defence I have above be ok then file the counter claim at a later point?

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