Jump to content


  • Tweets

  • Posts

  • 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
      • 162 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

In county court tomorrow


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3412 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

I am in county court tomorrow for being thick,

 

 

in april 2009 i had £3200 paid into my bank account and i thought it was tax credit refund

as in april 2008 i had £2990 paid in as a tax credit refund

 

 

,the bank website went down the day after i saw the payment in the account all it said was bank credit

and thats what it said when the tax rebate went in 2008, i put 2 +2 together and thought it was a rebate .

 

 

i am now being sued by the chap , things just cant get any worse

 

 

my wife died in august 6th 2002 she used to handle all the benefits etc and paying bills im just useless and a let down as a father ,

i just cant work out where i went wrong i didnt know and never thought any the wiser ,

 

 

i cant repay the money im on very low wages . i dont know what to do my house is mortgaged

and when i have paid all the bills i have nothing left at the end of every month

 

 

my car is only worth £1000 , my children are disabled and registered blind ,

 

 

i found out last month there is a cure for my sons blindness and have to pay £180 for consultation

with a chance of him having an operation which will cost £9000 per eye ,

the cure isnt available on the nhs .

i cant afford it neither the consultation or the operation.

 

I have failed and keep on failing

i dont know where to turn

the courts wanted me to send the chap my bank statements for march april may 2008 and march april may 2009

i cant do this and wont they are personal and i dont think he has any right looking at them to see what a loser i am .

 

 

i sometimes wish it was me that died and not my wife

,she was the one who could do all this and manage the bills ,

all i want to do is look after my children

and work but cant even do that properly.:(:(:(

Link to post
Share on other sites

  • Replies 53
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi saviour

 

Can we have some more info please

 

Who is the chap taking you to court

What was the money for paid into your account

Have you put in a defence

 

We need to know more before anyone can advise please stay calm

you are not a loser just need some help for you and your family.

 

Tonks:)

Link to post
Share on other sites

the chap paid the money into the abbey who put it into my account by mistake

i never received any paperwork for putting in a defence

just the papers for me to appear in court at 10;30am in London

 

 

i can just afford to get there (but walking into work for the next 2 weeks its 4miles away)

 

 

i tried to find the tax credit forms for 2008 but can only find the ones for 2007

i also had a rebate for 2010 ,2009 was the only year i didnt get a rebate

 

 

,i normally keep everything but cant find them just as proof that i had the 2990 paid in the previous year

,the bank didnt even tell me till 3-4 weeks after the money was paid in and by then it was gone ,

i feel like everything is working against me

 

the chap said i must have known it wasnt my money ,

but i didnt i feel like crying,

im not a theif and would rather starve than do anything illegal .:(

Link to post
Share on other sites

the amount was £3200 and he is claiming for £5000+ and wants me to pay all his expenses etc.i dont know if you can see it but it was so close to the 2008 figure that i thought it was just a rebate again.

Link to post
Share on other sites

who is going to look after my children if i get arrested for this ,i would lose my job my job depends on honesty ,my house everything

 

I don't think you would be arrested, it's a county court claim against you.

 

The way I see things, even though the money was paid into your account, you made the error of assuming it was rightfully yours.

 

However, it would appear that this person has sent a payment and it has somehow ended up in your account.

 

You have since spent the money.

 

The guy wants his money back. Did he not write to you previous to the court summons?

 

The best I can recommend is that you tell the Judge what your side of the story is, and hope that the Judge understands.

 

If you lose the case tomorrow, then you would get a CCJ for the amount the person is asking for. You would then have to tell the Judge your financial circumstances, even if it means that you have to pay it back at a £1 a month or so.

 

As long as you keep up the payments, there is not a lot that that person can do I don't think. Sorry I cannot help you any further.

Link to post
Share on other sites

Ok

 

What has Abbey to say they must be involved somewhere

if this chap didnt realise the mistake he should have taken

it up with them not you , is it Abbey who have taken you to court

or this chap?

 

Are you saying that you are not able to go to court tomorrow if

so judgement will go against you and you will get a CCJ .

 

Its very late and not too many caggers around to help I dont have

the knowledge you need but will do what I can and support you ,with

luck someone will come along press the red triangle at the bottem left

hand corner for site team help

 

 

Regards

Tonks:)

Link to post
Share on other sites

they said it was to do with my bank and there was a computer error ,apparently they kept on to my bank but my bank are useless and kept on telling the chap who put it in that it had gone into the right account and stuff like that delaying him and not saying the truth to him it is this chap thats taking me to court ,it says im the 2nd def and the banks the first but it keeps swapping over one minute im the 2nd def next im the 1st def.im so confused and dont really understand what is going on.all i know is i didnt steal his money and would never do something like that .

Link to post
Share on other sites

i just feel so guilty that money was that chaps not mine ,i cant understand why the bank didnt phone me up earlier or take the money out straight away, im going to court as it is the right thing to do .

Link to post
Share on other sites

I have alerted the site team to this thread to see if they can help you out or not.

 

If you are the second defendent, it is possible the bank will be there tomorrow to defend their own actions.

 

Now that you have said the above, I would have thought, technically the bank were at fault, and they should handle it rather than you. If you owe any money, surely it is to the bank, as it was not your doing.

Link to post
Share on other sites

i just feel so guilty that money was that chaps not mine ,i cant understand why the bank didnt phone me up earlier or take the money out straight away

 

I think that is important, I would have expected the bank to have done the same.

Link to post
Share on other sites

I have alerted the site team to this thread to see if they can help you out or not.

 

If you are the second defendent, it is possible the bank will be there tomorrow to defend their own actions.

 

Now that you have said the above, I would have thought, technically the bank were at fault, and they should handle it rather than you. If you owe any money, surely it is to the bank, as it was not your doing.

 

when i [phoned the bank up a few weeks ago they said they werent going and didnt know anything about it and it was my problem it was only when i said they got to go etc and they were named in the court papers that they said they were going

Link to post
Share on other sites

Ok

 

It would appear from what i can make out that this chap is taking

both you and Abbey to court at the same time so it would be in

your interest to attend court tomorrow to put your side across to

the judge so he can see that it was a mistake on the banks side

seems a big mess, pity you didnt ask for help before but if it where

me I would go to court tomorrow they will not do anything to you or

your family and it can be sorted so you can get on with caring for

your family .

 

I wish you the best of luck

 

stay calm it will be alright

 

Regards

 

Tonks:)

Link to post
Share on other sites

will i get arrested for this
No - It's a court case only to get the person's money back. There is no reason whatsoever that I can think of, as to why you would get arrested.

 

Worse case scenario, the Judge makes an order for you to repay the monies you have received in error. Then you can tell the judge that you can only afford x amount per month to repay it.

Link to post
Share on other sites

i should be arrested for being stupid ,i brought my children up to be honest truthful and never do anything wrong or illegal i feel like i let them down i just didnt think , it looked like a rebate and cleared my mortgage arrears and bills too and treated the kids ,they dont get much in the way of treats .

Link to post
Share on other sites

i should be arrested for being stupid ,i brought my children up to be honest truthful and never do anything wrong or illegal i feel like i let them down i just didnt think , it looked like a rebate and cleared my mortgage arrears and bills too and treated the kids ,they dont get much in the way of treats .

 

It all depends on what happens tomorrow.

 

Did you pay the money into your account - No

 

Did the bank pay the money into your account - Yes

 

The only thing that you have done is wrongfully assumed it was a tax credit rebate.

 

The Judge could of course say that any person that received this amount of money, must have thought hang on where has this money come from?

 

You have already said the reason why you thought you had received it.

 

There should have been protocol followed, ie letter before action etc

 

I think the bank are at fault and any money you owe (as technically you do) should be between yourself and the bank.

 

I would hope that the bank would repay this tomorrow and then approach you to repay it rather then let you carry the can.

Link to post
Share on other sites

You wont be arrested and neither do you deserve to be arrested.

 

letsdothis has posted sound advice.

 

You believed the money to be a tax credit rebate. This was a reasonable assumption as you have had these rebates in previous years.

 

Just explain things as they genuinely are.

 

Can you please come back and let us know exactly what happens in court today, regardless of the outcome.

 

What time is the hearing ?

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

Saviour I feel for you and I know how scary it is to go to the courts.

 

Remember this is a CIVIL matter . Its a claim against you and NOT a Criminal trial so there is no reason that you would be arrested.

 

Try to be as calm as you can. If you disagree with anything that is said in the court ask the Judge if you may make a comment .

 

Call the judge ' sir' or 'madam '

 

Try to state your case without being too emotional . The Judge will ask you for your version of events. Just be factual . If you dont have all the paperwork you need then show what you have.

 

Have you made any copies of the documents you plan to take with you ?

 

Have you done an Income and Expenditure sheet ?

 

Maybe this post is too late to help ? Sorry if it is .

Link to post
Share on other sites

i got totally screwed ,

the bank that caused all this got away scot free ,

did anyone see police academy where captain harris and the other guy was kidnapped

and the scene on the boat was dont shoot me and a quick nod to the other chap ,

this is what my bank done to me today ,

 

 

i have to repay the money in 28 days or get a judgement ,

the chap outside called me over and said he wont wait for 3 yrs to get his money

unless i give him large payments he has a case lodged with the police against me

and i will get arrested for theft ,

 

 

the judge didnt want to see any proof off me

he said before i even gave my evidence that i would have to repay the money

he wasnt interested in anything i said and spoke lots of legal jargon ,to the other ones

 

 

i felt intimidated ,the bank got totally let off and left me to face everything.

they didnt want to know about taxcredits etc

i looked for the forms till 3am and he didnt even want to look at it .

 

thank you all very much for your advice ,

it made me feel much better even tho the outcome was the same ,

i can see now why people do themselves in over debt

 

 

im definatley worth more dead than alive and my son could get his operation with a lump sum for buying himself a cheap house somewhere

,i will find the money from somewhere to repay it .maybe a night job ,

but it will have to be massive payments and he wont accept £2.00 a week more like £500 or more a month

but i will get it wonder where the redlight district is up here and do they accept men

,is there a minimum wage and pension scheme .

i dont know how im gonna look after my kids at the same time

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...