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    • I'll get my letter drafted this evening. Its an item I sold, which I'm also concerned about, as whilst I don't have my original purchase receipt (the best I have is my credit card statement showing a purchase from Car Audio Centre), I do unfortunately have the eBay listing where I sold it for much less. But as I said before this is now a question of compensation: true compensation would seek to put me back into the position I was in before the loss ie: that title would remain with me until my buyer has accepted this, and so compensation should be that which would be needed to replace the lost item. But in the world of instant electronic payment, it could be argued that as I had already been paid, the title to the goods had already transferred, and I was required to refund the buyer after the loss. And so, despite my declared value being the retail price - that which is needed to return me to my pre-sales position, the compensatory value should be the value I sold it for, which being a second-hand item from a private seller is lower
    • amusing that 'bad economic judgement on behalf of prior party ISN'T a major reason to wingers to move to deform yet immigration is, where record levels of such has been driven by the right wings terrible brexit and the later incompetent dog whistle 'proposals largely driven to whistle to the right wingnuts Just seems to confirm the are clueless numpties 'wetting their own shoes   Has farage bought a property in Clacton yet?   yet concern for the NHS is listed as a major issue even by those saying they are moving to deform  
    • Also, have you told us how much you paid for this vehicle? Are there any other expenses you have incurred – insurance, inspections et cetera? How far away from the dealership do you live?
    • In fact I see that in the document you posted above – your letter to big motoring world you refer to the diagnostics report and you say that you sent a copy to big motoring world but you haven't let us see it. Any reason for this?
    • You may have posted already – but anyway, have you got anything in writing from Audi or anyone confirming the water in the sills?
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Lowell/carter claimform - old LLOyds OD 'debt'


RhYnoECfnW
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Was told at the end that they'd write to the claimant with the results of today (as they didn't attend) and that it'll be up to them what to do next. Judge had the cheek to ask if I had that amount stashed away somewhere.

 

The Court will send you Notice of Judgment and payment details ( whether its a forthwith or monthly) if its a forthwith then you use the form I have advised above.

 

" Judge had the cheek to ask if I had that amount stashed away somewhere."

 

Hence my post...just shows how out of touch they are with reality..pity you didn't respond saying hang on ill check my pocket ?????:roll:

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Hehe yeah should have said something along those lines

, but I was so angry and upset by this point and the Judge left the room so quickly as if I'd already taken up too much of his time.

 

Been paying back other debts which I haven't got a problem with as they were debts I created, but this is the one I'd been dreading as it has always felt so unfair

 

. Especially when, back in 2007ish, everyone seemed to be getting their bank charges refunded and Lloyds always refused to budge on mine. £215 a month for going £17 overdrawn for a week or so!

 

How is this fair!?

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Lost. Judge said the defence had no legal basis and that bank charges were not subject to assessments of fairness as 'a court already decided they were fair years ago'. Also criticised me for getting legal advice from 'unknown people on the internet'. Need to find £3000 now. Thanks anyway.

 

well, despite that case 'years ago',

there was that foster -burnell cty court reported case since which was won re o/d charges/fairness in their circumstances.

dont know whether it has been appealed. so, maybe not quite without legal basis atm.

 

where are consumers to go for help when legal aid barely exists anymore!

and they didnt even turn up!

 

 

seems is still a case of the 'haves' v the ' have nots'. maybe the J dropped the soap :)

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  • 2 weeks later...
  • 3 weeks later...

Dont worry about it....let them take as long as they wish....unless your in a hurry to start payment? :-)

We could do with some help from you.

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Really hate all this waiting around. Is there any sort of time limit for something to happen next? I've heard nothing, and I hate having it hanging over me. It's been almost five weeks!

are you waiting for the judgment from the court.

what about possibly appealing, any thoughts on that?

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Ok, so today I received a 'General Form of Judgment or Order' from the Court. It says:

 

Upon reading a letter from the Claimant and the Defendant in person

 

IT IS ORDERED THAT

 

Judgement for the Claimant £2782.94 payable by 4pm on 31 December 2015

 

Dated 11 December 2015

 

 

 

However, the letter is dated 20th January 2016. Does this mean I've missed the date to pay this back? (Not that I would have had that amount of money by that date anyway!) What does it mean? Who should I contact with an offer of payment?

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Is it a forthwith Judgment or does it allow monthly payments RhYnoECfnW ?

 

Regards

 

Andy

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Well it either says pay £ XXXXXXXX by the date xxxxxxxx or it states pay £100 per month starting from xxxxxxx and thereafter per month?

 

Forget about the dates of the letters for now

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Excellent ...okay so now you have to submit application to vary it to monthly payment.

 

Follow the link to the N245 there is a fee of £50 to submit this unless you are exempt from payments.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-Sept-2015**

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Ok thanks. Do I need to tick both the "suspension of the warrant" and "a reduction in the instalment order" boxes? Also, I'm not sure what benefits to include in the income section? The whole thing is complicated by the fact that our income will change very soon (on maternity leave, but our tax credits and child benefit payments will change once the baby is born in the next week or so).

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Ok thanks. Do I need to tick both the "suspension of the warrant" No and "a reduction in the instalment order" boxes? Yes Also, I'm not sure what benefits to include in the income section? The whole thing is complicated by the fact that our income will change very soon (on maternity leave, but our tax credits and child benefit payments will change once the baby is born in the next week or so).

 

Just present a average but true reflection of your incomes and make a realistic affordable monthly offer of payment.

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Just submit the form to your local County Court ...you pay by card at the court.

We could do with some help from you.

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Give you court a ring they make take payment by telephone.

We could do with some help from you.

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  • 1 month later...

Just state that you have submitted the application and the court are currently processing it.

 

Andy

We could do with some help from you.

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