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    • no that is not a defence. because you don't have a photo
    • I purchased the vehicle using finance through motonovo under a HP 60 months agreement. I have now amended the document ensuring all is in black. Unfortunately, this email has now been sent. However, I have not sent a letter to big motoring world. Also, I have taken the section of the firealarm issue. I am struggling to convert to PDF. I am not tech savy at all. My mistake was that the the salesman was very fussy on a sale. We went down a quiet road for a little test drive and not for a lengthy road test. The water issue was not present at this moment of time. However, it only became prevalent after driving away, after all docs signed. I did stated to Audi I wanted a diagnostic report. However, they carried out an Audicam which is footage of the issue. Audi have diagnosed the issue as a common issue where coupes/cabriolets accumulate water in the seals. However, I did state beforehand for no issue to be rectified due to me wanting to reject the vehicle. I am awaiting a report from Audi through email from the branch manager in relation to the issue. The issue so far is the water still being present in the sills. Audi tried to fix the issue however the problem is still prevalent. Regards 
    • First begging letter received from Overdales   ;Blah blah blah, our client's are going to win this blah blah blah we supplied all your documents under CPR   PS you can stop all this by paying £1200 less in a lump sum
    • Right,  so the court hasn't send out the Directions Questionnaires/N180s yet. PE's one is a false one, meant to intimidate you into thinking your defence was rubbish and they are confident with their claim. This is par for the course.  The PPCs do this regularly. However, PE have gone further and written that "a copy has also been filed with the court" which is a lie as the court haven't even sent out the papers yet. Keep a screenshot of MCOL, later on in your WS you can draw attention to their lying and abuse of court procedure. If you've got time on your hands, then complain to the BPA about one of their members lying.    
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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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Hi,

I have finally after 6 long months of letters and court appearances just received a notification from northampton that a statutory/witness statement has been filed, this started with `Marstons bullying me to pay 501.70 on the 19th June for anm unpaid parking tickedt. I have had the patience to wait and pay for subject access report, go to liverpool county court , send numerous letters, pay £75 to get it lodged in court etc etc etc. So finally I have the piece of paper. WHAT NOW I ask, how do I actually get my money back, can anyone help please

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Hi Molly

 

i have moved you to here with a thread of your own

 

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Hi,

I have finally after 6 long months of letters and court appearances just received a notification from northampton that a statutory/witness statement has been filed, this started with `Marstons bullying me to pay 501.70 on the 19th June for anm unpaid parking tickedt. I have had the patience to wait and pay for subject access report, go to liverpool county court , send numerous letters, pay £75 to get it lodged in court etc etc etc. So finally I have the piece of paper. WHAT NOW I ask, how do I actually get my money back, can anyone help please

 

You say it has been filed - has it actually been upheld/approved or whatever the term is. Have you formally requested the money back from Marstons/Council they are both liable to pay it. If not give them 7 days to reimburse you and if no payment received file a N1 in the County Court.

 

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Hi,

I have finally after 6 long months of letters and court appearances just received a notification from northampton that a statutory/witness statement has been filed, this started with `Marstons bullying me to pay 501.70 on the 19th June for anm unpaid parking tickedt. I have had the patience to wait and pay for subject access report, go to liverpool county court , send numerous letters, pay £75 to get it lodged in court etc etc etc. So finally I have the piece of paper. WHAT NOW I ask, how do I actually get my money back, can anyone help please

 

This process in a nightmare and one that is wholly misunderstood by EVERYONE including the staff at TEC the County Court and the local authority.

 

BEFORE making an application for a refund, you MUST ensure that TEC have received a copy of the Order from Liverpool County Court and that TEC have sent a copy of the REVOKING ORDER to the local authority.

 

Can you find out from TEC whether this has been done?

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Hi,

Thanks for your replies, I have the revoking order from TEC. I have telephoned Liverpool parking services who actually cannot tell me a. they have received nothing from TEC b, that they donot know who refunds me c. to send a copy of revoking order to them with details of claim and to cc it to Marstons.

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Hi,

Thanks for your replies, I have the revoking order from TEC. I have telephoned Liverpool parking services who actually cannot tell me a. they have received nothing from TEC b, that they donot know who refunds me c. to send a copy of revoking order to them with details of claim and to cc it to Marstons.

 

Have you checked with TEC to establish what date they have sent the revoking order to Liverpool parking services.

 

Counsels opinion on this is that it is the responsibility of Liverpool to repay the PCN and bailiff fees. They will of course kick and scream and say that it is for Marston Group to refund the fees but they are wrong.

 

If they refuse, a simple N1 Claim Form naming both the council and Marston Group should provoke a response. It is advisable to send a draft of a completed N1 claim.

 

When you attended court, did you ask the District Judge for an order that your £75 court fee be refunded. If not..you should have done so.

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  • 3 weeks later...

Oh Dear..after all of the trouble I have gone through over the last 8 months with this matter. I sent a copy of the revoking order to Liverpool Council I have today received a letter from them with a cheque for £110 plus a notice to owner for £70. After all the messing I am £40 better off.

 

After some rambling the letter states:

 

This order does not cancel the original penalty charge notice.

As the order for recovery (for£110) was revoked and you have paid the Marston group this amount we are refunding it back to you. Please find cheque for £110 attached. The court order dated 21st December 2009 does NOT order Liverpool city council to pay back to you any court fee,legal fees, Civil enforcement officer costs or any other costs.

 

What should I do now, I am tired of it all but I will be dammed if Marstons get to keep the fees after all of this.

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Oh Dear..after all of the trouble I have gone through over the last 8 months with this matter. I sent a copy of the revoking order to Liverpool Council I have today received a letter from them with a cheque for £110 plus a notice to owner for £70. After all the messing I am £40 better off.

 

After some rambling the letter states:

 

This order does not cancel the original penalty charge notice.

As the order for recovery (for£110) was revoked and you have paid the Marston group this amount we are refunding it back to you. Please find cheque for £110 attached. The court order dated 21st December 2009 does NOT order Liverpool city council to pay back to you any court fee,legal fees, Civil enforcement officer costs or any other costs.

 

What should I do now, I am tired of it all but I will be dammed if Marstons get to keep the fees after all of this.

 

 

They are completely and utterly WRONG. The local authority are wholly responsible for repaying the bailiff fees and they KNOW IT. !!

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