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    • First of all, I'm not sure why you want to given 30 days to do the repair. It is excessive. I have the sense that you feel that you have to be reasonable in order to gain the approval of the court if that's the way it goes. You certainly should be reasonable but 30 days is excessive. Frankly I don't think that you should get the vehicle repaired by Cinch. They have undermined confidence. They have been notified of your quotation and the cause of the problem and they either haven't responded or they have declined to help. You have no way of knowing that if they are allowed to touch your vehicle, that they will do a quality job. I would suggest that the best thing to do is to get the vehicle repaired and then send them the bill. One them that this is what is going to happen and that if they don't pay you within seven days of receiving the bill then you will sue them. So I would book the car in for repairs on a date about 10 days from now. I would then inform Cinch in a letter of claim that the car is now booked in on XXX date. They have already had the inspection report in the estimate for repairs. You're paying the bill and seven days after that if they haven't reimburse you against the bill which you will submit to them, you will have them without any further notice. This will give them about 14 days to respond with the payment. You will have your car repaired and if they refuse – which they probably will – then you issue the claim papers without any more mucking around. If this appeals to you then draft a letter of claim which expresses this plan. Book the car in tomorrow for the work. Once you know the date then jiggle the dates of your letter around so that Cinch have 14 days before you sue them
    • TINY applies here... tough It's Now Yours.  its a person to person private sale  it's not covered by any rules/regulations at all. even if the MOT was fraud a county court claim is not the place to address this issue and most certainly not using the seller as any defendant against such, nor using it as an excuse to try and get out of buying the car and getting a refund. the claim is a dead duck. simply do AOS and file a defence stating this was a private sale between 2 private individuals, the car was test driven and the buyer found no faults nor were any aware of by the seller. dx
    • You can try & persuade them not to prosecute even up to minutes before the case is heard, approaching the prosecutor on the day. IF they agree, you’d have to be able to settle the agreed amount there and then, not by payment plan. You may find it hard to persuade them, but no harm in trying if your aim is to avoid a criminal conviction (which isn’t the end of then world…. Check out the NACRO and Unlock websites) if you don’t get offered an admission instructive settlement and it goes in front of the Magistrates Bench it will no longer matter about persuading TfL you won’t reoffend The circumstances might be offered to the Magistrates in mitigation, but in terms of if they find you guilty or not, it will be in the facts of if you failed to show a valid ticket when asked (which you didn’t, and it doesn’t seem you have any of the statutory defences, so a conviction seems inevitable IF TfL don’t agree an administrative settlement as an alternative to prosecution)
    • copy of some lease pages-compressed.pdfHello Lolerz I have uploded some pages of the lease. Working on some other paperwork but only have my phone so finding it slow.  
    • Thankyou very much for your help. There was no oil leak when it went for the mot and the buyer said the oil leak was after it broke down so around 10 days after he bought it. He said it had been taken to a garage who said the car had the hole in the engine block and believed it was a fraudulent mot. But we haven't seen any report.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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views on continuing to use an acct upon which you have requested CCA


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Hi all

 

Just wanted some views on what would be the upshot of using an account, upon which you have recd a CCA and are arguing that it doesn't meet the terms of the act ... would it be considered as fraud.. as you are using an account, which you are think can't be enforced in law?

 

Just a Q I thought of when reading another thread, and wondered what tack the creditor would take ..... and what you guys thought .. :)

 

Abs x

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the idea of requesting the agreement is to see whether it is a valid and enforceable agreement, if on reciept you deem it not to be for what ever reason then it would also stand to reason that you should not be able to use the said card, but if you did then they could argue that you accept the agreement as it stands, therefore any monies/services used were used in full agreement of the state of the said credit agreement.

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Yeah Agreed!

It's the same as questioning an increase in your rent and arguing that it is too high.

If you begin paying the new rent rate, it is then deemed that you have agreed to it!:(:(

 

Something I wish I had found out before:|

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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bit like having ones cake and eating it.........

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ooh I love cake ... !!!!

 

But to be serious .. it was really just an hypothetical question out of interest ...thats all..... thanks for the responses though ... :)

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Ooh I love cake ... !!!!:)

 

Cake:eek: Why haven't I got any cake:sad: This is so unfair:x

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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