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    • Hello, firstly thank you for reading this. I know no one wants a long winded back story. So I’ll be breif. I entered a local store to buy some paint (which I did pay for) I am honestly not a bad person or a theif.   Didn’t have a basket or trolly as was on my lunch break. Whilst picking up the three tubs of paint placed some masking tape in my pocket (it was hanging out of so I had every intention to pay) just didn’t have a hand free. Paid for my goods (forgot about the £4.39 masking tape) I’ve got so much going on and im not well at all (like I say no one cares I get that) also have autism so wasn’t thinking particularly like others do maybe (who knows my minds going around and around) I left the store after paying, was pulled back in by security. Asked for the tape which I gave immediately  shook up. Gave them my ID and details. I was given some paper and told to expect a large fine in the post for their time and the tape and sent on my way. my questions are: I hardly ever go out without support so the ban I guess I can’t go there now for anything (their loss) - ok but is my photo going to be all over with my name? how much am I expecting in the post as a fine? I have sent them cash in the post recorded signed for delivery to arrive tomorrow (incident happened today) for my error. Their Address was on the bit of paper. i have read two posts on this page but they were from many many years ago so I hoped for updated advise please? 
    • V important you read lots of BMW threads too !  
    • So should I send them a new SAR and put my date of birth on it? Or do I need to send them some proof? Driving license? 
    • Thanks so much for your help!! I've emailed them, and when they reply saying they can't do it I'll reply and state my rights. I'm so glad I found this forum, and will read all of the posts I can find and help guides available for the future. Really can't thank you enough.
    • utter BS, doesn't matter you signed it. pers i'd be writing as per the other threads here rejecting the car as not as described under CRA etc and be done with it. as its a debit card you could also do a full chargeback within 120 days to your bank and simply dump the car back to BMW. 100's of like threads to read here. get your ducks inline. make sure you know what you are doing and off you go. dont take any BS from BMW, no matter what you sign it does NOT remove your consumer rights. p'haps it might be on the off chance you are a good manager , a quick phonecall tomorrow saying you dont want it because (no bla bla fitted) it might be resolved in 5 mins..i will guess to date you not tried
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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HFC bank and Restons newbie needs help! ***WON***


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Only if referred to ie Attched exib a etc etc.Make sure its not less than 7 working days Nana

 

Andy

We could do with some help from you.

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Right! Thanks Andy..It just says if i wish to rely on written evidence at the hearing I must file a ws and serve it on the claimants solicitors..

 

I will post to restons to today using recorded delivery because of the postal strike..Restons do not accept service of docs by fax or carrier pidgeon..I can hand deliver to my local court no problem..

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You can add the exibs ie were you state you requested a copy of your CCA (see attached Exib 1a)

CPR (see attached 1b ) etc etc but you will have to type them into the WS and attach the copies for all parties Court / Claimant

 

 

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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OK! Witness statement has been sent special delivery to Restons they should get it Monday. WS has been hand delivered to the court..Just want to say a big Thank you to everyone who has gotten me this far, no matter what the outcome...I feel like I have been given back some control instead of being bullied and harrassed by these people......Thank You all so much.

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  • 2 weeks later...

Hi all :) Summary Judgement hearing was set for this Monday. Received letter from Restons today.

 

"In the circumstances we agree that the matter is not suitable for a summary judgement hearing and we are writing to the court today to withdraw the application.

 

we are taking instructions generally as to the future conduct of the claim"

 

So what's my next step guys??..This letter was only posted yesterday..Do I contact the court and ask if the summary judgement has been withdrawn? What happens next?

 

I am taking this as good news..Am I right for thinking so?

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Yep contact the court to confirm it, if you cant confirm it yet get your court bundle and be in court just in case.

 

Their wording if they wish to continue with the case for me was different, with me they requested a short hearing for direction.

 

They give you enough information to get your hopes up but not enough so you have a clue what is happening.

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Hi

Rang the court late on Friday application for sj had not been withdrawn up to that point (or they had no record of it) going to ring again soon and if it has still not been withdrawn I am going to go to court anyway I have read enough on here to tell me not to trust these solicitors.

 

I am battling my nerves but I am getting my court bundle ready

Hearing is supposed to be at twelve eeek

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  • 1 month later...

UPDATE

 

Received a letter from Restons after their withdrawal of the attempted summary judgement basically offering a reduced sum of the alledged balance owing and offering to drop the collection charge! :p I completely ignored it.I wanted my day in court.

 

Received another letter from Restons this morning assuming they were trying the same tactics but boy was I wrong :D They have discontinued the case YIPEEEE!!! :D:D:D:D A lovely christmas present.

 

My head is still swirling. THANK YOU everyone who has helped guide me through this and I wish you all a very merry christmas :D

 

Can I still pursue them for my expenses??..Just wondering:)

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Congratulations and well done :D

 

Yes, you can now pursue them for your wasted costs as Restons have discontinued.

 

WASTED COSTS THREADS

 

 

Have a look at the pdf's that Surfaceagentx20 has attached at the bottom of the post on a letter for wasted costs -

 

Surfaceagentx20 wasted costs

also

 

Liabilty for Costs CPR 38.6

Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***

 

Welcome/Cohens - case withdrawn ***WOO-HOO ***

 

have a look at this post by IGNM on costs as well -

 

IGNM post on costs

 

I'm sure Andyorch will have something to say about wasted costs as well. ;)

 

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Excellent News Nana

 

 

Delighted for you just in time for Xmas also;)

 

 

Kind 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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  • 3 weeks later...

Happy new year

 

Well Just got my reply from Restons about my bill of costs: £888.00

 

Thank you for your bill of costs

 

The amount claimed is totally unreasonable and disproportionate to the value of the claim.

 

We,as solicitors for the claimant, have spent less than 5 hours on this case and on that basis we would expect your own time spent to be similar.

 

We are,however, prepared to offer you £75 in full settlement of your costs.This would equate to 8 hours of your time which we feel is more than reasonable.

 

We await your response.

 

Well you can imagine what my response is lol

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  • 1 year later...

Hi All

 

Here is an update since I last posted

I negotiated expenses with Restons and got a nice fat £400 cheque a chunk of which I donated to CAG :) I had peace from these vultures for almost a year then in October 2010 I started getting letters again from HFC saying my account was in default..Then a second letter arrived with a new re-issued default notice.

Restons then started writing, threatening legal action:roll:and just this morning I got a letter from Restons stating that they have been given leave to reopen this case at a hearing at my local county court.

Will be back soon with more details :)

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