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    • First of all, I'm not sure why you want to given 30 days to do the repair. It is excessive. I have the sense that you feel that you have to be reasonable in order to gain the approval of the court if that's the way it goes. You certainly should be reasonable but 30 days is excessive. Frankly I don't think that you should get the vehicle repaired by Cinch. They have undermined confidence. They have been notified of your quotation and the cause of the problem and they either haven't responded or they have declined to help. You have no way of knowing that if they are allowed to touch your vehicle, that they will do a quality job. I would suggest that the best thing to do is to get the vehicle repaired and then send them the bill. One them that this is what is going to happen and that if they don't pay you within seven days of receiving the bill then you will sue them. So I would book the car in for repairs on a date about 10 days from now. I would then inform Cinch in a letter of claim that the car is now booked in on XXX date. They have already had the inspection report in the estimate for repairs. You're paying the bill and seven days after that if they haven't reimburse you against the bill which you will submit to them, you will have them without any further notice. This will give them about 14 days to respond with the payment. You will have your car repaired and if they refuse – which they probably will – then you issue the claim papers without any more mucking around. If this appeals to you then draft a letter of claim which expresses this plan. Book the car in tomorrow for the work. Once you know the date then jiggle the dates of your letter around so that Cinch have 14 days before you sue them
    • TINY applies here... tough It's Now Yours.  its a person to person private sale  it's not covered by any rules/regulations at all. even if the MOT was fraud a county court claim is not the place to address this issue and most certainly not using the seller as any defendant against such, nor using it as an excuse to try and get out of buying the car and getting a refund. the claim is a dead duck. simply do AOS and file a defence stating this was a private sale between 2 private individuals, the car was test driven and the buyer found no faults nor were any aware of by the seller. dx
    • You can try & persuade them not to prosecute even up to minutes before the case is heard, approaching the prosecutor on the day. IF they agree, you’d have to be able to settle the agreed amount there and then, not by payment plan. You may find it hard to persuade them, but no harm in trying if your aim is to avoid a criminal conviction (which isn’t the end of then world…. Check out the NACRO and Unlock websites) if you don’t get offered an admission instructive settlement and it goes in front of the Magistrates Bench it will no longer matter about persuading TfL you won’t reoffend The circumstances might be offered to the Magistrates in mitigation, but in terms of if they find you guilty or not, it will be in the facts of if you failed to show a valid ticket when asked (which you didn’t, and it doesn’t seem you have any of the statutory defences, so a conviction seems inevitable IF TfL don’t agree an administrative settlement as an alternative to prosecution)
    • copy of some lease pages-compressed.pdfHello Lolerz I have uploded some pages of the lease. Working on some other paperwork but only have my phone so finding it slow.  
    • Thankyou very much for your help. There was no oil leak when it went for the mot and the buyer said the oil leak was after it broke down so around 10 days after he bought it. He said it had been taken to a garage who said the car had the hole in the engine block and believed it was a fraudulent mot. But we haven't seen any report.
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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.

      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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EGG APEX And the Ombudsman!


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Well just a heads up as after my complaint to the Ombudsman they are about to investigate Apex and Possibly Eggs make believe CCA's...

 

For those who are in similar situation may be worth adding fuel to the fire?

 

Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London

E14 9SR

 

I have found at least 4 different CCA's on here with varying design, Logo's and Form numbers?!!! With various tell tale cut n paste signs too?

Anyone else been down this route, Got anywhere?:lol:

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I know we have had reports of Citicards doing this and that the OFT are looking into some complaints.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Wouldnt be too much of a suprise-Citi Financial are Eggs owners !

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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planning to do a complaint letter to OFT this week. Reading through your threads they mirror my situation with egg and apex

 

Does your CCA look something similar to mine? I was surprised how quickly the Ombudsman replied and how seriously they are taking it!!! So far at least...:lol:

 

Good luck with yours keep us posted too ;)

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yes CCA just like yours. Had no official deed of assignment from egg just a letter on Egg paper ( black& white) in the same envelope with the letter from Apex same type face. Took over 2 months for CCA to arrive just recieved statement of accounts 1 month later!! I have 2 letter from Apex both with different Account balances on them!!! £ 50 in my favour but shows they are incompetent. Statement of accounts is a computer screen shot which has my last payment missing and does not have a opening and closing balance on.

 

I am in the process of searching for a letter i can adapt disputing the CCA and telling them that i don't except the statment of accounts as a true and upto date copy without revealing to much just in case it go's further it's a nice bit of evidence on my side.

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  • 2 weeks later...

Subbing as just received from Apex a "we have now decided to assess your account for suitability to be passed to our "Doorstep" collection agent who may visit your home to discuss repaymentof your debt" letter

 

Have been ignoring them till now & as I live in Coventry & they are just a few miles away, don't fancy the thought of somebody knocking on my door really...

Edited by zhanzhibar
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