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    • Incidentally, congratulations on not buying the warranty. That is another Big Motoring World rip-off. See what we have to say about extended warranties and the Big Motoring World attitude to them is particularly unhelpful
    • well that google is from 2019, but the photos are certainly of someone driving on the public highway in/out by an ANP system, though the site of where the camera actually is, is not showing there are anpr cameras up by the low yellow barriers but they wont get from facing shots from there. interesting, needs to be checked if the road IS a public highway but on private land, cause as you say, if the whole area is max 4hrs , how does the hotel work< ?? must have a reg entry system.  now as for taking pictures of cars on a public highway then guessing the are parking ...erm.... i dont thnk thats right nor allowed under GDPR. dx  
    • Under the consumer rights act 2015, if a defect manifests itself within 30 days and you have a right to return the vehicle for a full refund. If any defect manifests itself within the first six months of ownership then you have a right to return the vehicle for a full refund subject to the retailers right to carry out a repair. If the retailer declines to repair or if the repair fails then you have the right to return. The problem here is that you have to assert their right. It's a bit ridiculous – but you have to do let them know preferably in writing that you are asserting your rights under the consumer rights act either the 30 day right or the six month right. I suppose that you haven't done this – which would be quite understandable because most people don't know that these rights exist and that they are subject to these conditions – the condition that the right must be inserted. It is frankly ridiculous. The dealers know it and we have lots of instances of this company delaying appointments et cetera and our strong suspicion is that they are simply trying to run their customers out of time. On the basis that you haven't asserted your rights, we now have to look to ordinary contract law. You are entitled to purchase a vehicle which is of satisfactory condition and which remains that way for a reasonable period of time. Clearly it is in satisfactory. They are blaming you. Has your independent inspection identified the reason for the defect? This will be important because as you have seen BMW are already saying it is down to your driving and you are going to have to produce evidence that it wasn't down to your driving and the you drove it absolutely reasonably and it was simply the condition of the car. Have you been without the car for any period of time. Is it driveable now? If the car was off the road for a substantial amount of time and was still off the road then you would be able to argue that this is a fundamental breach of contract and that you have been deprived of substantially the whole benefit of the contract and therefore you will be entitled to treat the contract as breached by Big Motoring World and insist on cancelling the contract. It may be that you will eventually be obliged to keep the car but have the repairs paid for. Have you had any quotations for the work that needs doing? I asked you questions about the MOT – but you haven't responded.
    • A 'violent left wing mob', comprised of a chap in a red hoody with a damp polystyrene coffee cup and a bit of wet cement, gets nowhere near cowering frightened farage some distance away on top of his double decker bus .. as farages security and support seem to film the incident grinning     Farage bravely flinches, grimaces and seems to almost burst into tears as the 'objects managed to travel a part of the way toward his position on top of his bus. His reactions honed by having a bit of milk splash him at a prior incident allow him to swiftly fall into a protective cower and grimace .. .. Sometime after, once the mob of 1 had been safely bundled away, farage apparently wipes his eyes of tears, and rising from his cowed and frightened pose, bravely shouts “I will not be bullied or cowed by a violent left-wing mob who hate our country.” .. however few they may comprise of.   https://www.independent.co.uk/news/uk/crime/nigel-farage-cement-barnsley-reform-uk-b2560501.html  
    • According to Parkopedia parking is limited to two hours.  I don't know how accurate this is though. What were you doing there for four hours?
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      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.

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I wonder if any one can advise on the following. My partner has received a claim form from Northampton county court regarding a loan from CL Finance Limited. My Partner has not recieved a default notice and also feels was sold ppi under pressure. What is the best way to deal with this issue. 14 days to fill form in but can apply for more time. Any urgent advice would be appreciated. Thanking you.

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It never hurts to apply for more time and would give you time to sort this out. Check out the PPI reclaim stuff and begin that process regardless. You don't say what the situation is with the loan. I am guessing that your partner is in arrears.

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For now fill in the form to defend & the case will be transferred to your local court + give you the extra time you need to create your defence. You can then apply to have the case set-aside because of the PPI issue & possibly any unfair charges which they may have added.

 

You will need to send the original creditor a SAR to enable you to check whether the agreement is enforceable & what possible unfair charges you can reclaim. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

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It never hurts to apply for more time and would give you time to sort this out. Check out the PPI reclaim stuff and begin that process regardless. You don't say what the situation is with the loan. I am guessing that your partner is in arrears.

 

 

The other thing is the loan has been assigned twice from the original lender. Is this allowed and should the original lender have informed of that rather than the company that ends up with it. Also, is assigment the same as selling a debt ? Loan is in arrears but no default notice recieved by partner.

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For now fill in the form to defend & the case will be transferred to your local court + give you the extra time you need to create your defence. You can then apply to have the case set-aside because of the PPI issue & possibly any unfair charges which they may have added.

 

You will need to send the original creditor a SAR to enable you to check whether the agreement is enforceable & what possible unfair charges you can reclaim. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

 

Should I apply for sar even though a defence for the court will be put in within the 28 days. Will it not compromise the position.

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Yes still send for the SAR it doesn't compromise anything, besides it may throw up something else you can use in your defence.

 

Thanks for your help. I already have copy of the agreement which they sent late (six months) but they did send it. Does it matter that they failed to send it within the 12 days ? On the court form it asks the question how much of the claim do you dispute. Not sure what to put at this stage as I need to send SAR for details other than the agreement. Hope you understand. Will this give me more time ? I have no wish to contest the court's jurisdiction but the question is asked do i wish to do so. SAR I guess is where i am up to now.

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For now fill in the form to defend & the case will be transferred to your local court + give you the extra time you need to create your defence. You can then apply to have the case set-aside because of the PPI issue & possibly any unfair charges which they may have added.

 

You will need to send the original creditor a SAR to enable you to check whether the agreement is enforceable & what possible unfair charges you can reclaim. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

Are you saying that they will transfer to local court and give more time on top of the original 14 days (plus 14 ) Getting a bit loss now.

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Does it matter that they failed to send it within the 12 days ?
No

Are you saying that they will transfer to local court and give more time

Yes

 

 

.

Can you scan the agreement & post it up after removing identifying details?

 

Also did you receive a default notice? If so, again can you post it up.

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No

 

Yes

 

 

.

Can you scan the agreement & post it up after removing identifying details?

 

Also did you receive a default notice? If so, again can you post it up.

 

Not sure how to scan but with advice i may be able to learn how to. No paper evidence of a default notice being sent or recieved. Will any court require evidence of this i wonder.

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If you upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy and paste the URL back here we'll be able to see them.

 

On the Tinypic page left click the 'choose' button & a seperate window will open, choose which file you want to upload and left click 'open', the window will close then left click 'upload now' button. Your document will upload to tiny pic & the page will refresh giving a list of links. Just copy & paste the Url link back here & we'll be able to see it.

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No

 

Yes

 

 

.

Can you scan the agreement & post it up after removing identifying details?

 

Also did you receive a default notice? If so, again can you post it up.

 

No you have to acknowledge within 14 days of service. That will give you a furrther 14 days to file defence. Service is 5 days from issue date. If need be file an interim defence to stop cl getting default judgment.

 

Only after that if claimant wants to proceed does it get transferred to local court

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

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On this claim form from the court it states what the claim is, it gives the reference/account number which is not the same number as on the original agreement. I quote the following.. monies due under a regulated credit agreement made in writing under reference..(states that reference number) which is not the same reference number as on the agreement.. Some one please advise.. Thank you..

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On this claim form from the court it states what the claim is, it gives the reference/account number which is not the same number as on the original agreement. I quote the following.. monies due under a regulated credit agreement made in writing under reference..(states that reference number) which is not the same reference number as on the agreement.. Some one please advise.. Thank you..

 

Without seeing the agreement its difficult to advise.

 

Have you acknowledged service yet?

 

What documents do you have?

 

a) Agreement

b) Default Notice

c) Assignment notice

d) Termination letter

 

S.

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Without seeing the agreement its difficult to advise.

 

Have you acknowledged service yet?

 

What documents do you have?

 

a) Agreement

b) Default Notice

c) Assignment notice

d) Termination letter

 

S.

 

Agreement but nothing else. Can I acknowledge on her behalf where it asks, are you Litigation friend ? or does this term have specfic legal meaning I wonder ? Would I need permission to acknowledge on her behalf in her absense. Date of issue 20th/July. I think last date within fourteen days would be 08th/August which includes five days from issue. Is this correct ? Thanking you for your help.

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Agreement but nothing else. Can I acknowledge on her behalf where it asks, are you Litigation friend ? or does this term have specfic legal meaning I wonder ? Would I need permission to acknowledge on her behalf in her absense. Date of issue 20th/July. I think last date within fourteen days would be 08th/August which includes five days from issue. Is this correct ? Thanking you for your help.

 

Its 5 days service then 14 days to acknowledge, once acknowledged you get a further 14 days to file a defence.

 

Ok, is she going to defend the claim?

 

I think litigation friend does have a specific meaning and I think its to do with minors in court cases and representing people of reduced mental capacity (sorry couldnt think of a better phrasing of words and that does sound awful :-()

 

A lay representative is someone who is allowed to speak on behalf of the Litigant in person in court I beleive but I think the LiP has to sign all the documentation etc.

 

If she is going to defend then you need her to get a letter off to the opposing solicitors asap under CPR 31.14, letter can be found here (She needs to ask for everything I listed in the posting above, even though she has the agreement, ask for it again) Send the letter recorded delivery so they cant claim they didnt get it.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

 

You then need to send the SAR as you've been advised previously to CL finance with the £10 fee and lastly we really do need to see the agreement scanned and posted up here to see if there are problems/issues with it. I'm afraid I'm rubbish at loan agreements but there is a lot of experience already tapped into this thread who will see the agreement when its posted.

 

S.

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Must have hit button to soon there. claim will be defended. Already sent off agreement for some one to look at. Busy week ahead I think.

 

:eek: Please tell me you havent paid one of those agreement claim firms to look at the agreement?

 

S.

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I have'nt paid any one. Some firm said they would look at it free of charge so I thought why not.

 

Cool! give them a wide berth if they say "its unenforceable, pay us £250-400 and we'll give you the report with the reasons why."

 

S.

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As I understand it, If they believe agreement is unenforeable they will take the case on under a no win no fee. If they have doubts they won't touch it as they won't want to be out of pocket. In any event of a win I assume they claim from the other side, unless I've overlooked somethink..

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Have you sent off a CPR letter ? in line with the Particulars Of Claim ? You must do this, you can find it here (send it recorded) - http://www.consumeractiongroup.co.uk/forum/legal-issues/185051-claim-form-received-today.html#post1992524 and please do stick to the timescales...for acknowledging the court claim and sending in a defence, there is one here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/126111-cl-finance-ltd-recieved-4.html#post1350484

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Just bumping this for the poster

 

Regards

 

Andy

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Just bumping this for the poster

 

Regards

 

Andy

 

Thanks Andy. When the defence form is sent off is there any think else that needs to be sent and can I send them all off at the same time ? Does a CPR letter take the place of a SAR. All I have is the credit agreement with the balance but nothing to show how the balance was arrived at.. No default notice. 22/08/09 deadline for defence to be submited. Just need a little help with the wording..

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