Jump to content


  • Tweets

  • Posts

    • Right,  so the court hasn't send out the Directions Questionnaires/N180s yet. PE's one is a false one, meant to intimidate you into thinking your defence was rubbish and they are confident with their claim. This is par for the course.  The PPCs do this regularly. However, PE have gone further and written that "a copy has also been filed with the court" which is a lie as the court haven't even sent out the papers yet. Keep a screenshot of MCOL, later on in your WS you can draw attention to their lying and abuse of court procedure. If you've got time on your hands, then complain to the BPA about one of their members lying.    
    • We need documents to be uploaded in PDF format. Uploading in Microsoft Word format discloses personal details relating to you which you should not be sharing. Click upload – to understand what to do. How did you pay for the vehicle? You start by saying that you should have walked away – yes you should. Not only because of the reputation of this company but also if the transaction isn't perfect you shouldn't get involved and you certainly shouldn't be taking the word of some used car dealer. Big fail! Why are some of your letter in black and some the in red? When you get some of the ideas in there – have you use a template from somewhere else? They aren't interested in a delay caused by some fire alarm or something. They certainly aren't interested either by the distress you are suffering. They have hundreds of customers who become victims of this kind of thing. All of those customers suffer distress. Big Motoring World don't seem to be very bothered. What are the faults which exist with the vehicle now? Is it just the splashing? Where is the splashing? What is it that is splashing?   Do I also understand that you purchased the vehicle without trying it at all and the first time you were in it and had splashing was after you had made the contract?
    • A claim was issued against you on 22/04/2024 Your acknowledgment of service was submitted on 06/05/2024 at 13:28:08 Your acknowledgment of service was received on 07/05/2024 at 01:05:18 Your defence was submitted on 23/05/2024 at 21:20:03 Your defence was received on 24/05/2024 at 08:05:43
    • I drove a friends a car for a few days and I used cuvva car insurance to insure myself for the time period. Here's the problem: I made a mistake with the dates on the insurance, I ended up driving uninsured for one day and I got a speeding ticket. My friend named me as the driver on the Notice of Intended Prosecution as she should and I will take the blame of course. Will met police ask for proof that I was in fact driving? I mean, any more other than me replying to the NIP that I will soon receive from them? Cause I assume that my insurance for the day will be the proof that they need... Secondly,  if caught driving uninsured, what will happen please? I read it's £300 and 6 points. Is that all or is it worse? I'm only asking for information from knowledgable people. If you intent to just mock, you're certainly not helping. Thanks
    • Hi, Please find letter sent to BMW with all evidence off issues which is a link from Audi. Unable to share the footage on this forum as I am not the best with tech  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like

County Court Claim form received - Cabot ***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3904 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 387
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

This is a *WON IN COURT* thread after today but for some reason, I can't seem to get to page 18 :madgrin:

 

I'm a little the worse for wear but will try and post full details on Thursday night - it's been a very long day and I'm celebrating :roll:

Link to post
Share on other sites

It can still happen even without Herr Maynard around! :whoo:

 

They never learn, brilliant news BO, you worked so hard on this one. It's been a long haul, but justice prevails again and again against this shower.

Link to post
Share on other sites

Excellent news, but please, the suspense is killing me :lol:

  • Haha 1

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

So sorry to keep you all waiting, I know you love it really !

 

The case was actually dismissed at the Final Hearing :jaw:

 

Morgans/Cabot (or Cabeau as they were referred to by the usher and Judge, hence P1's ref above - I am reliably informed that it means "mutt" - that figures!) were given a very hard time by the Judge. He was obviously very much "up" on Consumer Law.

 

He tore into them from the very beginning about the heavily redacted "Account Supply Agreement" (Assignment) and asked where the original was. Morgans said that they may be able to find it somewhere and he said "so you don't know where it is then" and they replied that they may be able to lay their hands on it. He asked them by what law were they able to blank out so much of the document and they said that it was "Company Policy" to do that. When asked why, they said it was because there was "commercially sensitive information" on there. He wasn't pleased about that either and asked them, once again, by what law to which they admitted, there wasn't one. My name (in fact, nobody's name) appeared anywhere on the Assignment and mine was printed on a separate sheet which could have come from anywhere which he pointed out to them. There was a "Schedule" referred to in the Assignment which said that it was attached "hereto" - it wasn't. When he asked Morgans where this schedule was they said that they were sent the information on two "Data Discs" - he wasn't happy about that either as this information should've been available in document form and presented at the hearing.

 

He also wasn't happy that I had ever received a Notice of Assignment as they had no proof of this. Again, all they had was a photocopy of a template letter. He picked up on the fact that the OC's name was spelt incorrectly too (I'd missed that!).

 

He did touch on the Agreement but only briefly, just stating that one of the prescribed terms was incorrect (the repayments were out by pence) but didn't elaborate. He just kept going back to the heavily redacted Assignment.

 

Morgans pulled a few tricks before the hearing, the first one being a letter to me last Friday with a Claimant's Statement of Costs for £6,500 - no joke! I did have a little wobble on this as I had decided to go to the final hearing without anyone representing me. In some respects, I think that was a wise move.

 

When I got to the court, I was asked by the security guard if I wished to speak to the representative from Morgans and I said that I had taken legal advice and wouldn't be speaking to them. About ten minutes before the hearing was about to take place the security guard came to me and said that he had been given two documents to give to me by Morgans. They were two court cases, namely Wilson v Hurstanger (which I already knew about) and a little known Northern Irish case. I took a quick glance at the Irish one and just put it to the back of the Trial bundle.

 

There were no originals presented of anything, it was all photocopies.

 

When my claim was allocated to the SCC, this judge made Cabot amend their POCs twice. From the orders that he sent out, I could tell he was not a happy bunny. Unfortunately, at my preliminary hearing, I got a different judge who basically told me to just pay up and stop wasting the court's time.

 

I'm glad that it went to a final hearing and I got the original judge.

 

To be honest, I never got a chance to say hardly anything. All that work I'd put in swatting up! I think he had their cards marked before we got in there.

 

This was an eleven year old debt for a computer that never really worked right from the start. I did get ticked off by the judge for not mentioning the fact that it didn't work properly in my Defence but as it was so long ago, I wasn't sure it was relevant at the time and only brought it up at the preliminary hearing. I'd already paid half the amount to the finance company before losing my job and being unable to pay. Cabot had added at least half again in interest which was picked up on and they admitted their "error" and took the interest off, therefore halving the debt.

 

I did make an offer to stop it getting this far and they refused it. Bad move IMO.

 

So case dismissed, no costs awarded to either party. It really is "end of" so to speak. Only taken 12 months of pure stress!

 

I enquired about obtaining a transcript of the final hearing as to be honest, so much was said by the judge, I couldn't write it all down quick enough.

 

Just for info, if you require a transcript, if you ask the court, they will send you out a list of their recommended transcribers. You choose the one you want, fill in a form from the court, the court send the recording to the transcriber, they type it up and send it back to the court who get the judge to OK it, then it gets sent out to you. It's not cheap but if there are any of the CFC reading this, we could all chip in .........

 

 

 

I honestly think justice was done - I could've kissed that judge at the end :madgrin:

 

There are a few special people who have helped me through this. I don't need to thank them on here as I've already done that behind the scenes. You know who you are :wave:

 

 

GO BO, GO BO :whoo:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...