Jump to content


  • Tweets

  • Posts

    • now do you want help or just come here to rant at the 1st chance. is this indictive of why you have this issue with BG? there isn't one really just you being pedantic? now give us a chance to decide lets have some info. we don't accept .jpg picture files as they are displayed directly to screen whereby anyone members or not can see them, hence we require a multipage pdf properly redacted. theres a good upload guide to read on that. so ball is your court... we still would help our worst enemy regardless . dx
    • doh sorry was on phone screen. i think thats all ok,  let @AndyOrch confirm 1st please. dx  
    • Same date as poc then i dont like the agreement either, it just smells to me, but i can't find a like one of that era to compare against. this is only 10yrs old, so weight that up, i'd say enforceable & most are from the ear as a whole here. it cant be a recon as they must state so, and it wouldn't/doesn't need to have a tickbox+typed name to be so either. >80% loss if you go fwd, unless you can pay the CCJ within 30 days of judgement in FULL, might be time to consider a tomlin/consent, as much as i hate link, if you don't want to gamble on a very small chance of a win or can't pay within 30 days if you lose. what date is the hearing? dx    
    • Hi T911 and welcome to CAG. As you say, an interesting screw up. So much for quality control! Anyway, our regular advice is to ignore all of their increasingly threatening missives... UNLESS you get a letter of claim, then come back here and we'll help you write a "snotty letter" to help them decide whether to take it any further with their stoopid pics. If you get mail you're unsure of, just upload it for the team to have a look.
    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
  • Recommended Topics

  • Our picks

    • 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
        • Like
  • Recommended Topics

Welcome - illegal repo in contravention of section 92 and unfair relationship ** WON **


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4290 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 1.8k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Once all the above is over, will you still be having a go at the police for allowing it to happen in the first place. That should be interesting!

Without a shadow of a doubt!!! In fact I already told them of my intentions some time ago and they fully accept that as soon as my case with welcome is over I will be claiming against them for their part in it. In fact their response was "that's what our insurance is for"! :lol:

Link to post
Share on other sites

LOL

 

It was more in case I did anything wrong, and we got divorced, you'd take me to the cleaners, and then back again.

Depends on what you did! Funny you should say that cos before all this I did actually do my own divorce ha ha!

 

I'm actually quite a nice, reasonable person but if you cross me..... :lol:

Link to post
Share on other sites

Thanks, I will read that later on.

 

Shows how bad Welcome have become though and how much they will loose... wonder if any of their staff will get another job elsewhere, and what will happen to Cattles now one of their cash cows has died....

Link to post
Share on other sites

Finally received something from welcome!!! Laughable isn't the word!!

 

They've written back to me saying that they now believe that their agent did NOT enter my property and this will constitute a valid defence!

 

Unless I'm grossly mistaken, the time for submitting a defence has now passed and they already submitted a defence admitting it????

 

AND.... they are requesting more info under part 18 and threatening that if I don't send it in 7 days days they'll apply for an unless order against me! No mention of the fact that it has been 4 weeks since I requested disclosure from them and they haven't replied and there is a hearing for that unless order in 2 weeks!

 

It is basically a exceptionally feeble attempt to scare me off but I can assure you it has had quite the opposite effect!!!

 

Mr P is going down!!!!!!

Link to post
Share on other sites

What a joke !!! My 5 year old could do a better job ! You have their admission, your statement and a police report to say they did enter, I honestly dont know what they expect to gain from that stupid statement

 

What extra info are they requesting ?

Any advice I give, is given with the best intention of helping. I am not legally trained, so it is probably best to just ignore me;)

Link to post
Share on other sites

Before they employed the unscrupulous agents that actually took my car they employed a decent company who refused to take the car because it was on my property, I have just had a very interesting telephone conversation with this company! They have told me that they won't give a statement because they have a sizeable business contract with welcome but if the court ordered them to do so then they would be happy to provide the information. He also clarified that the law states that they are NOT permitted to enter any premises to retake a vehicle without a court order following a county court judgement and that law is well known within the industry!

Link to post
Share on other sites

What a joke !!! My 5 year old could do a better job ! You have their admission, your statement and a police report to say they did enter, I honestly dont know what they expect to gain from that stupid statement

 

What extra info are they requesting ?

It is such a joke it's unbelievable!

They're asking for confirmation that the previous agent refused to uplift based solely on the vehicle being on my premises, the complaint made to the IPCC, default notice sent after termination and witness statement in support of SJ, (which incidentally I sent in the same envelope as the letter they are responding to!)

 

They are also threatening to apply for a civil restraint order and have me debarred from proceedings as a vexatious litigant because I have made 3 applications to the court!!! one was for summary judgement, one was for failure to disclose and the third one was made of the court's own initiative because they didn't file their AQ on time!!

 

He also seems to think my unless order will fail because now they have a "valid defence"?!! How stupid can one person be??

Link to post
Share on other sites

So I'm considering my options now...

Should I send back all they've asked for within the 7 days or should I say that I'm not obliged to as the directions stated any requests fro disclosure should be made within 7 days of receipt??

 

A VERY strongly worded letter will be sent in any event!!

Link to post
Share on other sites

Ok clocking off for a bit now, I've got some letter writing and photocopying to do :lol:

 

Yet again Mr P has dropped himself in it, ho hum... this is getting too easy! He has now officially admitted to receiving the notice of hearing and all the accompanying evidence, no excuse for not turning up now free-evil-grin-smileys-19.gif

Link to post
Share on other sites

Ok clocking off for a bit now, I've got some letter writing and photocopying to do :lol:

 

Yet again Mr P has dropped himself in it, ho hum... this is getting too easy! He has now officially admitted to receiving the notice of hearing and all the accompanying evidence, no excuse for not turning up now free-evil-grin-smileys-19.gif

You know what...sod him!!! I'm not sending anything yet! He reckons he's giving me 7 days to comply or he will apply for an unless order, even though CPR 18 says he can't make an application for an unless order until 14 days have passed with no response. I shall reply in "welcome time" that is on the latest possible date! He doesn't get to use the time limits if he can't be bothered to adhere to them himself :-x I will reply within the time limits he has requested because I want to appear reasonable but he's NOT going to get them any earlier than is necessary!! :-x

 

He's asking for a copy of my sj application AGAIN, (he's already had 3 copies!), so I suspect he's still trying to go down the "we didn't receive the paperwork route" - not if I have anything to do with it you won't!!

 

As far as I can make out this is a pathetic last ditch attempt to get me to drop this because I've put an end to their secret plans to get the judgement set aside at a later date. Yh yh! Gotta try harder than that Mister :lol:

 

It's been 5 months that they've had my claim and only now have they decided that they have a "valid defence" and therefore my application will be unsuccessful! How absurdly ridiculous! Especially considering that their "valid defence" is "we didn't enter your property"! I really wish Mr P could read, because at no point in any of my particulars or subsequent applications and witness statements have I ever used the word "property", it has always been "premises" as stated in the Consumer Credit Act 1974. Yet again he defends on something I haven't alleged, that would be if there was the slightest chance he could enter a defence now. I can't wait to write back and inform him that if he wishes to amend his defence he will need to make an application to the court using form N244 Application on Notice to request permission from the Judge to amend and include the correct fee :-x

 

According to him I am a vexatious litigant as I have made 3 separate applications against them, actually it was 2 because one was from the court and nothing to do with me. I'm so glad he is aware that I have made 2 applications because at least he is admitting receipt of my applications, therefore the "we didn't get the paperwork" excuse just won't wash!! :lol:

Link to post
Share on other sites

If time and money were not an issue then it would be so satisfying to hand deliver the requested paperwork personally to his office and to obtain his signature for the receipt of same.:cool:

It has been considered I can assure you! :lol: Nottingham is only 40 miles from me lol!

The only thing holding me back is my red rage towards them, I don't want to do anything that might land me in a spot of bother if you know what I mean... :-x

Link to post
Share on other sites

It has been considered I can assure you! :lol: Nottingham is only 40 miles from me lol!

The only thing holding me back is my red rage towards them, I don't want to do anything that might land me in a spot of bother if you know what I mean... :-x

 

only 40 miles :cool:

 

i might pop in tuesday night / wednesday morning "01.00" for a cuppa on my wat to BHX:p

 

cab

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...