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    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
    • Car maker takes a hit from weakening demand and price war in the world's largest electric vehicle market.View the full article
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    • 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. 
       

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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.

      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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As Victor Meldrew would say "I DONT BEEELIEVE IT "

 

i HAVE JUST SPENT AN HOUR-00ps caps, if not more, updating post with info and its vanished !!! damn n flippin blast ...to put it lightly lol

 

My fingers are blumin sore, my kneck aches, Think im in need of some sympathy please, only joking (Now thats a rare moment)

I shall attempt to post again later TTFN

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Extra info on post;

Last letter received from MCC dated 2.12.09

 

First letter received from Marsdons 4.1.10, informed me of;

 

Penalty charge £110-00 (£35 doubled to £70, 50% added plus fee £5 =£110)

Letter fee £11-20

Bailiffs Fee £0-00

Vat £1-68

Total £122-88

 

9.2.10 Hand received at aprox 6-55am

Notice of siezure of Goods and Inventory

Amount owing £110-00

Penalty Charge / Court fee £45-14

Bailiffs attendance costs £120-00

Vat @ 17.5% £28-89

Total due £304-03

 

Although this letter was dated the 9th, On top of the page it read, hand writen

" vehicle clamped 6-53 8/2/10 " ?

 

As far as I am aware the first visit was on the 9th, any previous visit/s I have not been made aware of ?

 

A copy of the 'Warrent of Excecution' which was dated 22.12.09 was attatched. (I dont recall receving this on 22 12 09 ?)

 

Whilst waiting for a reply, If Marsdens turn up again;

 

1. can they remove my car without me knowing, in which case I wouldnt be able to stress my case ie being vunerable etc

 

2. can they remove it or clamp whilst parked on a private drive.

 

3.What is my best step to take , to pay and try to reclaim back?

 

Thanks to all posters..

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Whilst waiting for a reply, If Marsdens turn up again;

 

1. can they remove my car without me knowing, in which case I wouldnt be able to stress my case ie being vunerable etc

 

2. can they remove it or clamp whilst parked on a private drive.

 

3.What is my best step to take , to pay and try to reclaim back?

 

Thanks to all posters..

 

As on X-Factor that's 3 yes's. If they have no lever on you you can look at things in your own time and collect what you need if there are any errors on their side - you have 6 years to do this.

 

PT

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Cut a long story short, fine doubled to £70 which was more difficult to pay

 

parking ticket for £70

 

£304 is not far off

 

for letter fee 3 visit fees levy fee and walking possession fee

IF the letter was sent and IF there were 3 visits and IF levy walking possession took pace after 3rd visit and not on 3rd visit

I have just looked at original email I sent the MCC to refresh my memory. When I originally appealed I received a mail from them telling me not to do anything until heard from them..I began looking at advice and putting together my letter of appeal..

I didnt end up hearing from them until letter telling me

fine had increased which set the ball rolling...

 

I am presently trying to sieve through all the advice to put into a email for Marsdens, Knowing me ill probably be still here,this time next week, only minus a car...

 

my mum had a big do for her 60th on saturday which hindered me getting any further on, now kids off.,..just when you dont need the distraction !

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Hi jolajo, good to hear from you.

Apart from whatever else you need to write to the bailiffs about, I would suggest informing them of your vulnerable status and need for your car. You will need to provide supporting evidence from your GP and / or support worker. I would be making this a priority, personally, as the car is under threat. That way, in the unlikely event it gets clamped or taken they cannot deny knowing of your needs.

Best wishes

Rae.

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Mr B Henry served a 'Notice of Siezure of Goods & Inventory' 9/2/10 on vehcle reg .......

 

I wish to inform you of my vulnerable status and need for the car in question which is under threat.

 

I suffer from Chronic Obstructive Pulmonary Disease (COPD) where basically although only 41 years of age, my lungs are that of a 86yrs old..

I have to take medication twice daily to keep the bronchioles in my lungs inflated and enable me to breathe.

 

I can provide supporting evidence from my GP as a spiromatory test was carried out there and also my support worker who I see due to depession and anxiety.

 

I am living on my nerves thinking at any moment the car is going to be taken away.

Would it be possable the offence be 'given back' to the council?

 

I am submitting a complaint to them as when I originally applied to appeal they told me 'not to do anything', the next letter thensaid, as I hadnt sent information in my appeal had been refused.

I offered to pay the fine in instalements now increased to £70 which I was refused, I believe they could of acted upon discresion which I wish to investigate..

 

I await your reply

Regards

 

I sent an email to Marsden telling them I was sending a letter explaining my vunerable status and position, basically pull the reins in on taking my car...

 

Am I saying too much or too little in this draft letter to the Bailiffs? I dont no if phraised it correctly, not very confident in my letter writing to formal people!!!

Any idea what to now expect in their reply, if any and who should I try and put an end to this with,the council or bailiff.

 

Problem I have now is as advised earlier, to pay the bill to date and reclaim through the court, it was bad enough at £70 never mind £300+..

 

 

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You're not having a fun time!

But may I welcome you into the COPD club? :)

If you haven't already done so, arrange with your GP practice to have a spirometry test. This will accurately assess your lung capacity and categorise the level of problem. If you have had one done [i would expect this to be the case] then your GP will happily let you have a copy of the results. The figure you're looking for is the FEV1. For example, mine is 49. Which shows my lungs are only working at 49% efficiency. The printout will also give an interpretation. Mine states: Severe airways obstruction. You may also ask for a copy of the Medical Research Council dyspnoea scale. This is a simple 1-5 scale of breathlessness. Mine is scale 4.

Those two documents are all you should need - and a little explanation of what they mean! Many people still don't understand that COPD - Chronic Obstructive Pulmonary Disease - is the modern term for what was two seperate diseases: Chronic Bronchitis and Emphysema. By its nature it is a debillitating progressive disease with no cure. Its symptoms can only be managed.

Depending on where you are with it, gaining a blue badge is not out of the question. All councils have a discretionary method of issue. The documents mentioned should be of assistance.

Best wishes.

Rae.

 

Thanks Kelcou, Yes I had a spirometary test back in Sept but I sent the print out to the DLA and didnt make a copy of the details, silly me.. I have been in the Dr's who have not logged the info on my file. So for proof im going to have to do another.

The last reult I remember very clearly is that my lung age was that of a 86yr olds when I am 41,. What I cant understand is why my mums age ar only 14yrs older than she is and mine 45yrs when she has smoked for 20 years longer than I DID, and at times twice as many cigarettes..??

sorry to go off subject..x

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Hi jolajo,

Don't worry about 'off topic' - it's your thread and it's relevant ;)

Odd your Dr didn't log the result, very remiss. My printout is scanned onto my records and always available. From the sounds of it, I would suggest we are at very similar levels.

I don't envy you doing the spiro test again. I equate it to medieval torture! If you're prone to coughing fits whilst attempting it, ask for a glass of water. The coughing is usually started off because your throat has become too dry. It took me three days of different attempts before I figured that out.

Smoking is a little bit of a red herring. Obviously it will irritate and inflame the lungs so quitting is recommended as is avoiding smokey places. COPD in its earlier titles - chronic bronchitis / emphysema - were first identified in the early 1700s. The cause then was mainly dust and pollution. To put it in context, whilst many dismiss it as a 'smokers disease' it is also one attributed to coal miners.

It is a condition that will effect some and not others.

I will have a look at your draft letter but won't be back on 'til later. So if someone beats me to it, no worries.

Best wishes.

Rae.

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I note one thing that doesn't appear to have been mentioned in this, if it has I apologise and will take new glasses back to shop.

 

Have you or can you appeal this ticket, not quite sure how this is done or what grounds you need but hopefully someone else may be able to explain.

 

PT

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Hi, I have tidied your letter up a bit. Please note: I am a writer not a lawyer. If someone can just check and adjust the letter if necessary. To be honest, my knowledge of adverbs and their application in cold weather climates is somewhat more detailed than my knowledge of parking ticket procedures!

 

Here you go: [with a little plagiarism of TT]

 

Dear Sir

 

Reference number:

 

I am writing with regard to the above account relating to a Notice of Seizure for xxvehiclexx

 

It would appear, from advice that I have received, my circumstances are classed as 'vulnerable' according to the National Standards for Enforcement Agents. The reason for this is Chronic Obstructive Pulmonary Disease (COPD). As you may be aware, this is a progressive degenerative lung disease. There is no known cure and treatment consists of symptom management. Currently, my lung efficiency is reduced to approximately 50%. I am sure that you will appreciate, therefore, that I am completely reliant on my car for even the most basic of journeys.

 

I will be contacting my GP in order to obtain evidence of my medical condition for you. Likewise the Support Worker assigned to assist with my depression and anxiety. This evidence will be forwarded under separate cover at the earliest opportunity.

 

In the meantime, please visit the following site for further information:

 

What is COPD? - DWP

 

As the current situation is having an aggravated and detrimental affect on my health, I am requesting that it is returned to the initiating Local Authority. Doing so would allow me to address the issue rationally, without fear, whilst putting in place an affordable and sustainable payment plan.

 

I would be grateful if you would please confirm safe receipt of this letter.

 

A copy of this letter has also been sent to XXX Council for their information.

 

Yours faithfully.

 

 

 

Any use?

[NB: If you wish to include the website and the link doesn't come through when you copy 'n' paste, simply click it here and copy the location from the top of the screen]

Best wishes

Rae.

Edited by RaeUK
I'm fussy.
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Brilliant, Thank You Rae :smile:

 

Sounds good to me and seen as nobody has commented otherwise I shall get onto it as soon as im back from my psycologist appointment.

 

I thought strange too when I asked the receptionist for a copy of my results?

I shall be bringing this up at my next appointment....

 

Sure wont be looking forward to another test if need be after what happened last time !!

:lol: can laugh now?

cheers jo

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  • 2 weeks later...

Good news...i think?

I sent the reports from my psycologist and Dr's and

Marsden's have returned the fine back to MCC.

 

Presuming now Ill hear from MCC instructing from here on ?? What should I expect next?

 

Thanks a lot guys for your support and advice couldn't of done this without you.:)

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You will have to wait and see what the Council say, they may write the ticket off or revert to original fine. If Marstons say it has been returned then you should hear shortly what the Council say.

 

PT

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