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    • Hello, I'm wondering if someone can advise me on something. I'm appealing an order and have been asked to submit an appeal bundle and the below points are required to be included: 1) transcript of the judgment of the lower court on other record of reasons.  2) Statement of case. I'm wondering if anyone knows that "on other record of reasons" means. Also for statement of case would it just be a long document covering the reason for the claim, the findings of the lower court, why it was wrong and what I seek instead?   Thanks,
    • Hello, Thanks for the advice. I asserted my rights to reject and they accepted it and said they will refund me the full amount.  My question now is how long do they usually take to collect the vehicle? I've made it clear that I'm available for them to collect it whenever and I've been told its been passed on to the collections team. I chased it up today as its also raining heavily at the moment.  I just wondered if anyone had any experience on how long they usually take to collect? I'd obviously like it collected as soon as possible as I need to purchase another car.  Is it likely they will drag on the process of collection and what can I do if they do?  Thanks!
    • Why are FCA’s “name and shame” proposals causing a stir?View the full article
    • I am coming back to this thread after receiving a Single envelope containing 2 letters: 1 from Max Recovery telling me that my account was transferred to Drydens Fairfax in 2007 1 from Drydens Fairfax telling me that they are under instruction from their client to seek repayment.   These relate to a Barclays Overdraft from the early 00s, last payment through PayPlan was 04 June 2019, but neither of the letters are from Barclays themselves.   I have informed Drydens in both May 2019 and June 2023 of changes of address. No letters beyond a confirmation of the change and a request for finanical details have been received, which ive ignored.   What i was wanting to know is do i just ignore these as per previous advice? I know that i cant CCA an overdraft debt but what is the usual "plan" for dealing with old overdraft debts? Am i trying to run the clock down until June 2025 when it becomes statue barred?
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    • If you are buying a used car – you need to read this survival guide.
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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. 
       

      Many thanks 
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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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can British Gas disconnect me?


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The Indian call centre operative in their debt collectionlink3.gif wing threatened me with (a) experianlink3.gif and (b) having my gas supply cut off.

 

If this was done whilst you were negotiating a payment plan this was an unfair practice.

 

If after a plan was negotiated it is nuts and shows that BG have still not got their internal communications sorted.

 

They can off course threaten disconnection if you are not paying but a warrant of entry for disconnection etc must be heard by a magistrate, If you turn up in court to defend the application wil be withdrawn. They are only interested in getting easy warrants by default - which means that no defence case has been offered. The idea that applications will always be granted by the court stems form the fact that very few customers actually turn up to court so default warrants are the routine (dealt with at the rate of 40-60 an hour!!!).

 

Why the mega bill? - if you look into this you may well have grounds to dispute it. e.g. Estimated bills sent for more than 2 years. No bill sent for longer than one year. Poor or no monitoring of a direct debit plan. Have you checked the bill fully and compared it to your own meter reading and meter number

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Trouble with that approach Nottslad is that they have vacated the flat!

 

Seems to me that there was a meter reading given to BG at the beginnung of the tenancy because the OP arranged a supply with BG (blank meter??? does he mean 0 most unlikely) so his bill must have based on actual readings by the OP.

 

MOZZ1

 

How big was the 'megabill'? Does it seem reasonable to you? Maybe there are reasons that it is large - for instance an old neter reading in cubic feet but charged in cubic meters.(around 9x larger bill) Are you sure that the first bill was not based on an estimate of your start reading. What does a blank meter mean?

 

BG can only disconnect gas for arrears if you are actually in residence so that guy in India was talking double nonsense.

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You are dead right about the litigant in person thing. DJs hate lay people turning up to defend themselves and the solicitors who send their clerks along to get repos, CCJs, warrants, injunctions etc also hate litigants in person at the district courts.

 

You have got your courts mixed.

 

Warrants for entry to disconnect are heard in the magistrate courts. These courts set aside a short session (about 20 mins) to deal with applications from one utility. There may be 30 to 50 applications "heard" at these sessions and default warrants are simply rubber stamped by the magistrate. If you turn up to defend this cosy system is not possible so the application is withdrawn and the utility will try something else.

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Depending on the property and occupation these amounts are not excessiive. Certainly they are too low for a mis- conversion of a cubic foot meter. If this had been the case the bills would have been 27x higher than expected - my 9x factor in my previous post was an error.

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  • 2 weeks later...

Steve

 

Of course you are right that one of the other things a warrant officer can do is to leave the application in but withdraw it fom the rubberstamp session and request a later hearing. That could happen but not often.

 

My experience is that warrant officers are not properly briefed - they know this - and cannot possibly present a case at one of these default sessions should there be by chance time enough to hear a case properly. To be on the safe side they withdraw the application from the session. When they then investigate the case (the defendant is present) with a proper hearing in mind they most often find very good reasons not to proceed.

 

The very high frequency of default warrants (i.e. undefended) has encouraged utilities to think that poorly prepared ( sometimes completely mistaken) cases will do and their customers to think that granting of warrants is automatic. Most of the cases on these forums are complicated and applications will be withdrawn totally if the customer is present to defend - there is little possibility of actually going into court at that time.

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turning up at court can be the right thing to do.

 

Turning up in court is nearly always the right thing to do. Unless you know that the arrears are completely fair, that the repayment schedule is semsible for you, that you are not classified as vulnerable and that the utility is putting a fair case how can you let them get away with a default warrant?

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turning up at court can be the right thing to do.

 

Turning up in court is nearly always the right thing to do. Unless you know that the arrears are completely fair, that the repayment schedule is semsible for you, that you are not classified as vulnerable and that the utility is putting a fair case how can you let them get away with a default warrant?

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