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By shakeyshark · Posted
Hey badtimes, thankyou for your post. My understanding is once they've filled court action the SB date is put on hold whilst proceedings are going on. Not sure what happens if a stay is granted, can they re-open the case after the SB date? Thankyou as always DX, I have completed a defence on the online MoneyClaim and have sent off for a CPR 31:14 request. Just a quick question to yourself, would I require to do another CCA request? I did this once last year and again this year prior to the claim being issued. Many thanks -
I have received an email from TM Legal today We note a defence has now been filed whereby you have admitted to obtaining funds and being aware of the Notice of Default. It remains the claimants position that the claim was served within the 6 year period outlined in the Limitations Act 1980 and that you remain responsible for the outstanding balance. -
By honeybee13 · Posted
Hello, welcome to CAG. Thank you for the information we need, the guys in the know should be along later to help you. In the meantime, your attachment needs some editing please, to keep this anonymous. You need to cover up their reference number and your car reg. It's on their correspondence at least twice and in at least one of the photos. Best, HB -
1 Date of the infringement 14th May 2024 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 24th May 2024 3 Date received 27th May 2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? APCOA Parking (UK) Ltd 8. Where exactly [carpark name and town] Hove Railway Station For either option, does it say which appeals body they operate under. Unsure Received this after payment failed to go through on the app. This has happened before and I don't really want to have to pay these parasites again. I have not appealed or had any contact since receiving this notice but the payment period runs out in a few days and wanted to know the best plan of action. Many thanks! edited_Parking Ticket - Copy.pdf -
By Butterbean23 · Posted
One last query, the works have already been agreed to by ourselves as we have had no choice and should be completed today. So should this paragraph be requesting payment rather than asking from them to agree to commence works? Also, we currently have a courtesy car provided by Mercedes which will be required back when we collect the car so I don’t think we’ll need to be requesting a courtesy car from Doves, unless they want the car back to review themselves?
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Our picks
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If you are buying a used car – you need to read this survival guide.
BankFodder posted a topic in Vehicle retailers and manufacturers,
If you are buying a used car – you need to read this survival guide.-
- 1 reply
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
ATJ posted a topic in Vehicle retailers and manufacturers,
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.
Please can you advise what I need to do today to get this done.
Many thanks-
- 81 replies
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A2Dominion - Housing Association property flooding - damning ombudsman report
WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,
Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299-
- 161 replies
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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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