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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • LouLouDev79
      Backdoor Link CCJ - old Barclaycard debt - Default Judgment set a side - hearing in 2 days - Witness Statement help urgent!

      By LouLouDev79 · Posted

      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?
    • flimes
      Trade Centre Uk/Moneybarn UK - right to reject car after finance paid off early

      By flimes · Posted

      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.
    • northmonk
      NPC/DCB(L) Vanishing Windscreen PCN Claimform - Taxi - Appealed - No Parking Or Waiting At Anytime - St Thomas Hospital, London, Se1 7eh.

      By northmonk · Posted

      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
    • NewsBot
      Tesla China rival BYD sees profits slump due to EV price war

      By NewsBot · Posted

      Car maker takes a hit from weakening demand and price war in the world's largest electric vehicle market.View the full article
    • dx100uk
      NPC/DCB(L) Vanishing Windscreen PCN Claimform - Taxi - Appealed - No Parking Or Waiting At Anytime - St Thomas Hospital, London, Se1 7eh.

      By dx100uk · Posted

      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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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Robinson Way CCJ/CO Cap1 card debt - was unable to respond - now want to set aside **LOST** - appealed - **WON** Claim reset - **WON - Case dismissed**

RobinWayRobinme

By RobinWayRobinme
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RobinWayRobinme

RobinWayRobinme

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Does make you wonder R&B if justice does really exist or whether its there just to control and keep us mere mortals in our place. Just got to keep fighting them and never give up. Agree with you, trial bundle is a bit of a pain, but if you can get hold of a copy of adobe acrobat you can build the TB as you go and repaginate automatically as you go. I found it invaluable.

Robin

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shakespeare62

shakespeare62

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Do agree with you R&B, that the cost of making an application to appeal should be enough to cover a hearing enabling me to make my request for permission to appeal oraly.

 

If it's any help, I spoke yesterday to a person on the Appeals Section at My Court Office. they assured me that there is no further fee to pay, if you make an application for an oral hearing (following a refusal of permission to appeal without a hearing)

 

i.e. all you pay is the initial £120 when you first file Appeal Notice - Form N161 at the start of your appeal.

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

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RobinWayRobinme

RobinWayRobinme

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Thanx for that shakes. As R&B said earlier, it is a bit of a lottery who you are able to speak to in the court and it seems you have been lucky enough to speak to the right person. To make sure that I got my request in without any worry of my oral request for permission to appeal being chucked out, I included it in an application I was making to obtain permission to introduce fresh evidence to my appeal. Just waiting for my hearing date now.

 

Thanx again for checking this out.

Robin

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RobinWayRobinme

RobinWayRobinme

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Hi

Not been around that much as trying to get head together re appeal. I have my permission hearing this week and have a question I can't find answer to

 

When an admission is made and req for time to pay, if amount offered is not aceptable to claimant, is there a formula the court uses when determining the rate of payment? If yes, is it mandatory on claimant even if it may take many years to repay?

Robin

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AndyOrch

AndyOrch

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Yes Robin its mandatory but have known the Claimants to to try to reject.

No special formula but based on I&E and existing debts and of course the amount of debt in question.

 

Regards

 

Andy

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RobinWayRobinme

RobinWayRobinme

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Thanks Andy.

Is there a requirement that the amount determined must be affordable to defendant? Reason asking, as part of appeal I believe I should be successful on set aside for irregular judgment. However, if unsuccessful with ground that I could successfully defend, I would not be able to apply for admission to be withdrawn and therefore back to determination of rate of payment. That being case can other side claim they are being prejudiced because the amount, which they wouldn't agree with, would take too long to repay debt.

 

Do you see where I'm coming from? just trying to cover all angles.

Robin

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banker_rhymes_with

banker_rhymes_with

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Hello Robin!

 

Think my brain has gone into meltdown. Can anyone advise me where in CCA 1974, or otherwise, I can find legislation when creditor does not have the credit agreement and therefore making the debt unenforceable.

 

It doesn't really say that, as such, the task is to build up your case to show they have no hope.

 

For example, if your Agreement was made before The Consumer Credit Act 2006 came into force, and after 1985 when the 1974 Act acquired most of its teeth (before the 2006 extracted the sharp ones), then you are off to a good start.

 

Then, assuming your Agreement is governed by The Consumer Credit Act 1974, you need to follow the above link, and read up on s61, s65 and s127. When there, bone up on s87 and s88 as well, to see what steps they needed to follow when ending the Agreement (assuming they claim you were in default in some way).

 

The key section is s61(1)(a), i.e. the Prescribed Terms must be contained within the Agreement.

 

If they are not, then it is improperly executed and s65 kicks in.

 

That then passes you to s127, and s127(3) that precludes a Court from making an enforcement order if the box for s61(1)(a) is not ticked!

 

If the bank has no Agreement, then you have the full set, and you can rightly claim that it's unenforceable in the absence of anything to prove otherwise.

 

I hope that helps.

 

Cheers,

BRW

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RobinWayRobinme

RobinWayRobinme

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Hi all

Just a quick update. My permission to appeal hearing has been adjourned to early jan on grounds of personal reasons that court accepted. Also got the final charging order hearing adjourned until outcome of appeal.

 

All ready for Jan hearing and got everything clear now for Christmas.

 

Will give updates as and when other developments.

Robin

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RobinWayRobinme

RobinWayRobinme

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may i take this oppertunity to wish you and your family the very very best for the season

 

the very best regards lilly

Many thanx Lilly. If I can take the opportunity to wish you and everyone else on here, particularly CitizenB, Andyorch, R&B and all others that without your help I would not have had this beleife that I can fight for justice that we all deserve, a very Merry Christmas and a happy New Year.

 

Robin

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RobinWayRobinme

RobinWayRobinme

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Albeit a little late, Happy New Year to everyone.

GOOD NEWS I have just got back from this afternoons hearing and I have been given permission to appeal. But the icing on the cake is that the Circuit Judge clearly recognised that judgment was irregular and accepted that, as it was brought to attention of claimant sols (all 3 of them at various times) and that charging order was obtained based upon a judgment wrongly entered, included in his order to allow the appeal, set aside the charging order, even though the actual appeal not heard yet.

 

At long last, some justice being handed out.

 

Just going to have a hot drink now, but will certainly open a decent bottle of wine tonight.

 

Thanks for everyones support and once all has fully sunk in I will then focus on next stage knowing that when next in court for the substansive appeal, the judge has seen considerable merit in my argument and as a result has already set aside the charging order.

 

Robin :D

Edited by RobinWayRobinme
Didn't fully make sense before, Sorry
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RobinWayRobinme

RobinWayRobinme

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Excellent news, congratulations on all your hard work succeeding.

I may be going down the appeal route so I'll certainly be studying your thread!

Many thanx cymruambth. Still a little way to go but I'm absolutely delighted with the outcome today and, of course, if my experiences with this can be of any help, I be more than happy. Thats what this forum is all about.

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lilly white

lilly white

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Thanx Lilly

Your post has helped me to further understand the law. I wish the DJ today understood it also. My main concern at mo is how do I make an appeal and please continue with your help with it. I am still quite angry at what has happened as it is not justice. If I just had to deal with the claimants sols I don't think I would have had a problem, but I had the DJ against me as well:mad:. I may have had a glass or 2 of wine at mo, but I will take what ever action I need to get this put right. Your input certainly helps me pick up my spirits. THANK YOU.

 

may i say well done you have come a long way well done

 

 

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RobinWayRobinme

RobinWayRobinme

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Thanks Lilly & B3rty. As we all know its a bit of a lottery who you get. Fortunately I got a circuit judge who was prepared to be persuaded to move away from his initial common law views with remarks like "Well Mr RWRM you took the money from the Claimant, why do ytou think you shouldn't pay it back" (or similar words). It was refreshing to find a judge that having accepted that one of my grounds (judgment wrongly entered by default) must be set aside, took the initiative following very little pursuation, that the Charging Order be set aside and included it in the order.

 

Whilst it is the luck of the draw which judge you get, I am happy that I will have the same Judge for the appeal itself as it would appear that having made an order to set aside the charging order, it would make it very difficult for him not to set aside the judgment at appeal.

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citizenB

citizenB

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Hello Robin!

 

GOOD NEWS I have just got back from this afternoons hearing and I have been given permission to appeal.

 

E-X-C-E-L-L-E-N-T

 

Cheers,

BRW

 

Yes, I am so pleased for you. You worked hard on this and it has paid off. :D

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