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    • and it legally informs them of your correct and current address as you must do with all old debts last paid/used in say 7 yrs you dont want backdoor CCJ's. what were the names of these IVA scammers, the one you took it out with, and the one that scammed you to let them take over please? your story is slightly worrying. dx  
    • Incidentally, congratulations on not buying the warranty. That is another Big Motoring World rip-off. See what we have to say about extended warranties and the Big Motoring World attitude to them is particularly unhelpful
    • well that google is from 2019, but the photos are certainly of someone driving on the public highway in/out by an ANP system, though the site of where the camera actually is, is not showing there are anpr cameras up by the low yellow barriers but they wont get from facing shots from there. interesting, needs to be checked if the road IS a public highway but on private land, cause as you say, if the whole area is max 4hrs , how does the hotel work< ?? must have a reg entry system.  now as for taking pictures of cars on a public highway then guessing the are parking ...erm.... i dont thnk thats right nor allowed under GDPR. dx  
    • Under the consumer rights act 2015, if a defect manifests itself within 30 days and you have a right to return the vehicle for a full refund. If any defect manifests itself within the first six months of ownership then you have a right to return the vehicle for a full refund subject to the retailers right to carry out a repair. If the retailer declines to repair or if the repair fails then you have the right to return. The problem here is that you have to assert their right. It's a bit ridiculous – but you have to do let them know preferably in writing that you are asserting your rights under the consumer rights act either the 30 day right or the six month right. I suppose that you haven't done this – which would be quite understandable because most people don't know that these rights exist and that they are subject to these conditions – the condition that the right must be inserted. It is frankly ridiculous. The dealers know it and we have lots of instances of this company delaying appointments et cetera and our strong suspicion is that they are simply trying to run their customers out of time. On the basis that you haven't asserted your rights, we now have to look to ordinary contract law. You are entitled to purchase a vehicle which is of satisfactory condition and which remains that way for a reasonable period of time. Clearly it is in satisfactory. They are blaming you. Has your independent inspection identified the reason for the defect? This will be important because as you have seen BMW are already saying it is down to your driving and you are going to have to produce evidence that it wasn't down to your driving and the you drove it absolutely reasonably and it was simply the condition of the car. Have you been without the car for any period of time. Is it driveable now? If the car was off the road for a substantial amount of time and was still off the road then you would be able to argue that this is a fundamental breach of contract and that you have been deprived of substantially the whole benefit of the contract and therefore you will be entitled to treat the contract as breached by Big Motoring World and insist on cancelling the contract. It may be that you will eventually be obliged to keep the car but have the repairs paid for. Have you had any quotations for the work that needs doing? I asked you questions about the MOT – but you haven't responded.
    • A 'violent left wing mob', comprised of a chap in a red hoody with a damp polystyrene coffee cup and a bit of wet cement, gets nowhere near cowering frightened farage some distance away on top of his double decker bus .. as farages security and support seem to film the incident grinning     Farage bravely flinches, grimaces and seems to almost burst into tears as the 'objects managed to travel a part of the way toward his position on top of his bus. His reactions honed by having a bit of milk splash him at a prior incident allow him to swiftly fall into a protective cower and grimace .. .. Sometime after, once the mob of 1 had been safely bundled away, farage apparently wipes his eyes of tears, and rising from his cowed and frightened pose, bravely shouts “I will not be bullied or cowed by a violent left-wing mob who hate our country.” .. however few they may comprise of.   https://www.independent.co.uk/news/uk/crime/nigel-farage-cement-barnsley-reform-uk-b2560501.html  
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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.

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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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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County Court Claim form received - Cabot ***WON***


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yeah you can combine it into a question, this is just a thought, it is not my suggestion that you follow this i must say.................

 

1) do you have a copy of the default notice ? and if so do you object to me inspecting a copy?

 

2) do you have a copy of the notice of assignment and do you object to me inspecting a copy?

 

just a suggestion, but you could also say, if you dont object please provide a copy with your reply

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This is all good stuff. I think you need to 'trick' them in to saying they have a document and will rely on it in reply to your Part 18 request, then use other CPR to request those documents. If they haven't mentioned them in the claim to date, you can't CPR them to get copies, hence the 'nudge' in the right direction.

 

The trick, as PT has pointed out, is to ask the right questions! :)

 

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IN THE XXXXXXXXX

county court CLAIM NO:

 

 

BETWEEN:

XXXXXXXXXX

Claimant

 

and

 

XXXXXXXXXXX

 

Defendant

 

 

_________________________ _________________________ ___________________

part 18 REQUEST FOR FURTHER INFORMATION

_________________________ _________________________ ___________________

 

 

To: XXXXXXXXXX (claimant)

 

Please answer the following questions:

 

1) Are you relying on the Defendant being served with a Default Notice. If so, when was it served?

 

2) Do you have a copy of the Default Notice ? If so, do you object to me inspecting

a copy? If you do not object, please provide a copy with your reply.

 

3) If you are relying on equitable assignment or absolute assignment, when was the Defendant served with the Notice of Assignment?

 

4) Do you have a copy of the Notice of Assignment? If so, do you object to me inspecting a copy? If you do not object, please provide a copy with your reply.

 

5) Do you have proof of posting of the Notice of Assignment in the form of a recorded delivery or special delivery receipt?

 

6) Are you relying on a Credit Agreement in support of your claim? If yes, please provide full details

 

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

 

 

 

This is a draft of what I have so far.

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I'm just about to start the Part 18 request but am a bit thrown now after reading up. Under Part 18, I can't request documents eg T&Cs and the NOA they haven't provided, only ask for clarification/elaboration on the ones they already have - help :???:

 

If you need a copy of the T&Cs then there is nothing stopping you making an S78 request ......

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They are supposed to send you a copy of the agreement and any other document mentioned in it.. so they should produce those as part of your CPR31.14 request ? Have you sent a reminder CPR31.14 and or CPR31.15 request - a request to inspect the original documents ?

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Were in danger of overloading Bo with conflicting advice so my thoughts (for what it's worth). Go ahead with the Part 18 (if you haven't already done so. Treat this as separate but obviously connected and then follow up Part 31 as Citizen B has suggested.

 

The SAR is another separate but connected action and all of these actions are aimed at flushing them out.

 

Until they can produce the original agreement and all surrounding it you remain "embarrassed".

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Just amended q.3 slightly.

R

IN THE XXXXXXXXX

county court CLAIM NO:

 

 

BETWEEN:

 

XXXXXXXXXX

 

 

 

Claimant

 

 

 

 

 

and

 

 

 

 

 

XXXXXXXXXXX

 

 

 

 

Defendant

 

 

 

 

_________________________ _________________________ ___________________

 

part 18 REQUEST FOR FURTHER INFORMATION

 

 

_________________________ _________________________ ___________________

 

 

To: XXXXXXXXXX (claimant)

 

Please answer the following questions:

 

1) Are you relying on the Defendant being served with a Default Notice. If so, when was it served?

 

2) Do you have a copy of the Default Notice ? If so, do you object to me inspecting

a copy? If you do not object, please provide a copy with your reply.

 

3) ARE you relying on equitable assignment or absolute assignment, If you are relying upon an absolute assignment, when was the Defendant served with the Notice of Assignment?

 

4) Do you have a copy of the Notice of Assignment? If so, do you object to me inspecting a copy? If you do not object, please provide a copy with your reply.

 

5) Do you have proof of posting of the Notice of Assignment in the form of a recorded delivery or special delivery receipt?

 

6) Are you relying on a Credit Agreement in support of your claim? If yes, please provide full details

 

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

 

 

 

This is a draft of what I have so far.

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Only other point on Part 18. Only give them 7 days to Reply, not 14 days.

R

 

Will do

 

Just amended q.3 slightly.

R

 

Ta

 

Can anyone answer my question in post 233? I can't put the name of the court down until I know where it's going to be.

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For some reason I'm not getting the post numbers showing against posts now, but think I know the one. It's still with NCCBC so head it with that. The Claim number will remain the same when it is transfered and it wont matter if the heading is the former court when/if it becomes necessary to disclose it. The Part 18 only goes to Claimant anyway, a copy is not filed with court.

R

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OK, Part 18 all done now - thanks for the help. I'll get that off recorded tomorrow.

 

Is there a template follow up letter chasing up on the T&Cs in relation to the CPR 31 request I sent, or do I simply just write to Morgans and refer to my original CPR request. They did say that they were requesting the T&Cs from the Assignor and that they would be forwarded to me in due course but I'm still wating. I honestly cannot remember ever seeing a copy of the T&Cs originally or in my SAR to the OC.

 

In the meantime, I have received a response to my SAR to Cabot. In the letter, they state that they will be forwarding the information on a CD.

 

They also state the following:-

 

Please be advised that Cabot may not hold information such as your original credit agreement or statements on file. In order to obtain this information, we recommend you contact the original lender, who will hold this information as the original data controller.

 

However, in the event that the original lender has supplied Cabot with this information, the documents will be included with your client's Subject Access Data.

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They will be sending your info on a CD? That's a new one on me. Wait and see what turns up. However they line that they may not have your original documentation is telling -routine but telling - they start these claims without the paperwork and hope no-one notices.

As for whatever case is going to appeal just carry on regardless.

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please what is this,

 

CPR 31.14 for disclosure of ALL docs;

send this by recorded delivery post.

 

I have received a letter from the County Courts telling me to collect IMPORTANT COURT DOCUMENTS, I think well i`m almost sure this is regarding my car which was repossesed some months ago, which i have had a letter telling me I owe £5,000, which is probably correct with interest, however, since the agreement I now live on my own with one income, I work full time, rent privately and have 2 children, 1 14 and 1 16 who attends college, i have very little left over after pay day, however the children stay with thir dad who claims tax credits etc & live with me half the week, please advise I don`t know what to do.

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Hi Tomglen

 

Probably best to start your own thread on this, then you can ask as many questions as you like :-)

 

Thanks Rhia

 

Still no DN P1 but they said that there won't be a DN as they don't want to take any steps listed in Section 87 of the CCA 1974 :eyebrows:

 

Part 18 sent to Morgans.

 

AQ has arrived and the case has been transferred to my local court. Will fill in as far as poss, but may need some help on this.

 

PS - Think I've found a replacement smilie for the EEKK one that disappeared!! :!:

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