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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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is this unfair?


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Hi there and hello again. I very much doubt if the lawyers decide who's covered by the DDA, that's not logical. I agree with robbond that the other side are just posturing and trying to frighten you. You've come so far and been so focussed and logical youselves that I really don't see why you should give up now. I think the other side are just panicking and trying to get you drop it all.

 

I don't understand why you should. The swines.

 

HB x

Illegitimi non carborundum

 

 

 

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I have a book which is well worth getting and it is 'The Disability Rights Handbook, which is published anually by the Disability Alliance.

The DDA has been amended in 2005 so there are two versions, the 1995 and 2005 DDA and the latest one covers people with certain conditions from the point of diagnosis regardless of whether symptoms are showing are not.

The DDA also defines disability as "as a physical or mental impairment which has a substantial and long term effect on [your] ability to carry out normal day to day activities".

The handbook also states that if you can show that you come within this definition, you will have protection of the Act.

If you want to drop me your e-mail address I can send the 3 and a half pages on the DDA as PDF files for you to look at.

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Hi all and once again , thank you for the replies.

 

Robbond , yes , i will take you up on the offer of the email so will send you a pm containing my email address . The DDA should make for interesting reading.

 

I HAVE read on the net information about the act but have to admit i didnt know it had been updated in 2005 , anytime the respondents solicitor quotes it to us its always the 1995 act she quotes ?

 

According to the solicitor , the respondent company claim that they were unaware that my partner had a very serious illness........funny that because in the past 3 years my partner has been absent from work OWING to this illness for a total of 13 months !!!!!! During which time we kept the company full informed as to what was happening and they even paid her whilst she was ill !!!

 

I will send that pm off now Robbond.

 

Thanks again

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As rightly stated by 'honeybee13', the DDA gives definition of 'disability' as follows:

 

Meaning of 'disability' and 'disabled person'

(1) Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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Hi BRB

 

Yes , i would be 99% certain that my girlfriends condition would be covered by the act .

 

She has suffered from this condition since 1998 and has been told that she will suffer it for the rest of her life . She takes many medications for this condition on a daily basis.

 

Her condition really does have an impact on her life.

 

Thanks again

 

Guy

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No problem 'surreyguy'...

 

We are all behind you and Mrs 'surreyguy'...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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  • 3 weeks later...

Hi Mr & Mrs 'surreyguy',

 

No news, good news... we all hope for you both!

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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  • 2 weeks later...

Hi everyone !

 

How have you all been .?

 

Hopefully some of the regulars will remember me......it was my girlfriend who was drug tested by her now ex employer and the test was mixed up with the test of another employee .

 

Girlfriend was sacked for intoxication but has since proved that the tests were switched....

 

I cant seem to find my other post so will update here:

 

Ok , since i last posted , i have been attempting to get all the discoverable docs from the other side . The respondents solicitor has done all he can to hinder the case.

 

I have telephoned , written , emailed , everything but no matter what i ask for they flat out ignore me !

 

The documents which i have received ALL had to be ordered by the tribunal office.

 

Seriously , in the months since this all began , i think i have received just one letter from the solicitor.

 

The discoverable documents were received so close to the CMD (just ONE day before:mad:) that i didnt have time to go through them thoroughly before the cmd , hence the reason i am STILL having to ask for them.

 

I have never known such a lax solicitor so either he is playing the game hoping that we will give up and walk away or he has something up his sleeve....

 

Any way ..... owing to the fact that the case is due to be hear in a matter of weeks and i am still without a lot of important documents , i wrote one final letter to the solicitor telling him that his reluctance to release the needed documents would force me to contact the tribunal office asking for an order to be made......and once again he TOTALLY ignored me !

 

I then carried out my "threat" and contacted the tribunal office . I wrote a very lengthy email to them telling them EVERYTHING .... how the solicitor simply refusing to enter into correspondence and how im worried about the joint bundle preparation as it is due to be compiled (by the respondent solicitor , as arranged during the cmd) and handed in to the tribunal office very soon.

 

What now worries me is that yesterday i received a letter from the tribunal office saying that a second cmd is going to be held next week !!!

 

Now , this could be for one of two reasons

 

1) They are going to "tell me off" for copying all the emails i have sent to the solicitor - as i copied SOME of them to the tribunal office . They asl ocould be angry with the lengthy email i sent informing them of the solicitors lack of communication.

 

OR

 

2) They are un-happy with the solicitor and are planning on ordering her to comply.

 

Has anyone any experience of a second cmd being called just a few weeks before the hearing ?

 

Thanks

 

Surreyguy

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Hi surreyguy, I wondered how you were getting on. How is your girlfriend?

 

If you want your threads merged, you could click the red triangle on the bottom left of your post and ask someone clever in the site team to merge them.

 

Sorry to hear about the lawyer being an ar@e, but it happens. Have you spoken to the tribunal office since this? I don't know if you're able to have it rescheduled, but maybe you don't want that.

 

I hope someone will be along soon, but there seems to be football on the TV....... :).

 

HB

Illegitimi non carborundum

 

 

 

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Two threads merged.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi surreyguy, I wondered how you were getting on. How is your girlfriend?

 

If you want your threads merged, you could click the red triangle on the bottom left of your post and ask someone clever in the site team to merge them.

 

Sorry to hear about the lawyer being an ar@e, but it happens. Have you spoken to the tribunal office since this? I don't know if you're able to have it rescheduled, but maybe you don't want that.

 

I hope someone will be along soon, but there seems to be football on the TV....... :).

 

HB

 

 

Hi Honeybee.

 

Thanks for your response.

 

My Girlfriend is doing ok . She has since found a new job and is settling in very well .

 

Things just seem to have come to a standstill in the case. We have done all we can to get the information from the solicitor but to no avail so i suppose a second cmd MAY be beneficial.

 

I cant help but think this is being held to deal with the solicitor and his non compliance.

 

Anyhow , theres no point in worrying......we have adhered to all our deadlines and provided everyhting that has been requested of us so hopefully we have no need to worry .

 

i will post back next week to let you all know how it went.

 

Speak soon

 

Guy

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Hi Surreyguy,

I don't have much to do with Employment Tribunals but I do attend tribunals on behalf of my employer as 'the respondent' regularly and they do follow the same basic rules. This meeting next week, I'm positive, will be to deal with non-compliance of previous directions. Tribunal panels get upset when directions aren't followed, especially by those legally qualified.

 

Good luck and you've done nothing wrong in sending stuff to Tribunal Service at all, their job is merely to collate info and ensure everything is available to the panel members.

 

G66

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wow can't believe a company would treat someone this way.. and to not even allow a second sample. Any sensible company would also keep the sample taken in case it went to court.. let me guess they didn't? Something smells fishy to me.

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  • 3 weeks later...

Hi Surry -

I think that because the tribunal service is interest in fairness that the hearing should be for the solicitor to receive a smack on the wrist from the tribunal service.

Fingers crossed for you - I sometimes think these cases are like Newtons law of opposing forces - one has to give and in this case the solicitor is hoping that you will give up!

In your case I hope that you will continue to fight and that the solicitor is just being an a**e for the sake of it and if you think then if the solicitor is directly employed by the ex employers i.e salaried then they have noting to lose by behaving like this.

Hopefully the hearing will sort them out!

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Whenever you send something to the tribunal direct it is actually put before the bench.

They may have taken note of what you said and are asking the solicitor what they are doing.If it is this they will ask what documents you need.

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Hi all , just a quick update.

 

Well , we attended the second cmd and needless to say , the solicitor DIDNT get a smack on the wrists but we DID !

 

We were presented with orders to release loads of documents and additional info to the other side !

 

All of the stuff we were ordered to release was stuff that we had already given to them AGES ago !

 

I have to say....their solicitor is good !

 

they are like a determined dog with a bloody bone....i just know that they are not going to give up...this is going all the way to a full hearing !

 

Believe it or not thats actually the "GOOD" news , the bad news is that yesterday i received a letter saying that a THIRD case management discussion has been arranged for friday 9th july.....this meting is being called because they believed that we are concealing past/current drug use/addiction in my girlfriends medical notes (?) they seem to think we have asked our gp to release the medical records but LEAVE out certain pages ....honestly , this solicitor is either a complete nutter or she is just trying to wear us both down so we give up and call the case off !

 

To be honest , although i am determined that I WILL NOT give up , i can fully now understand why some people DO !

 

This seems to have been going on for ever now and we both cant wait til its over and we can move on from it....

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this meting is being called because they believed that we are concealing past/current drug use/addiction in my girlfriends medical notes (?) they seem to think we have asked our gp to release the medical records but LEAVE out certain pages ....

 

In that case, your girlfriend needs to get a letter contradicting this from her GP pronto to present at the next CMD.

 

Also, make sure that every time you send anything to the Respondent's representative you do so by recorded/special delivery.

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Thanks Mariefab.

 

Yes , my partner is going to go to her gp tomorrow to get a letter declaring that nothing has been concealed .

 

The solicitor started off by requesting that my partners gp supply just the medical records which relate to her illnesses , NOW the solicitor has decided that they would like EVERYTHING from my partners medical history with her gp to be released....can they do this ?

 

I think everyone has little things within their medical notes that they wouldnt appreciate a solicitor snooping round .

 

Theres nothing juicy in them though , its details of a miscarrige suffered by my partner a few years back , thats private and we would rather it wasnt made public knowledge ..... also details of "womens stuff" lol as my partner calls it that she doesnt want a snooty solicitor knowing...

 

So...do they have the legal right to demand that the WHOLE file is released ?

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I'm afraid that I don't know.

 

However, if your girlfriend is not prepared to allow them to access the whole of her medical records, perhaps her GP would be prepared to write that 'absolutely nothing that could indicate any possible past or present drug use/misuse has been omitted from the medical records already disclosed'.

Hopefully, that should prevent them from being able to suggest a potential concealment.

 

I'm assuming that any visits to her GP, and their consequences, GP since the date of the random drug test have already been disclosed.

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