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

small claims court or high court


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5088 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

in 2008 i took a training provider to court and won the case, but was never paid the money. do i have to contact the court to impose a CCJ on the company?

 

my other query centres around a course i took several days ago in which the course examiner and another operative were negligent in their duties.

because it was only me and these two other personnel it's my word against theirs, except for a phone call which implicates them and a third party.

i'm wondering if a court can request a transcript from a private phone if i had to take them to court. which court has the power to do this if any?

Link to post
Share on other sites

in 2008 i took a training provider to court and won the case, but was never paid the money. do i have to contact the court to impose a CCJ on the company?

 

quote]

 

What paperwork do you have to back this up?

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

in 2008 i took a training provider to court and won the case, but was never paid the money. do i have to contact the court to impose a CCJ on the company?

 

quote]

 

What paperwork do you have to back this up?

 

PT

 

what do you mean paperwork?

 

i took my complaint to a small claims court on january 25 2008. the company never paid. i use to have my case number but i think i've lost that now.

surely the courts should hold records.

Link to post
Share on other sites

 

what do you mean paperwork?

 

i took my complaint to a small claims court on january 25 2008. the company never paid. i use to have my case number but i think i've lost that now.

surely the courts should hold records.

 

If you won your case then the Defendant already has a CCJ entered against them. Were they ordered to pay the debt outstanding by a certain date or were they given an opportunity to pay in instalments. If they have just ignored everything it is up to you to commence enforcement against them.

 

If they are a Company what status do they trade under - Sole Trader, Partnership, Ltd. It may be they have ceased trading in which case this could be the end of the matter. Did they ever defend the action or did you obtain Judgment in Default.

 

If you have lost your paperwork you must apply to the Court for copies.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

 

If you won your case then the Defendant already has a CCJ entered against them. Were they ordered to pay the debt outstanding by a certain date or were they given an opportunity to pay in instalments. If they have just ignored everything it is up to you to commence enforcement against them.

 

If they are a Company what status do they trade under - Sole Trader, Partnership, Ltd. It may be they have ceased trading in which case this could be the end of the matter. Did they ever defend the action or did you obtain Judgment in Default.

 

If you have lost your paperwork you must apply to the Court for copies.

 

PT

 

i understand i would've had to enforce payment, but at £55 for a bailiff and the conditions placed on what they can cease i thought it would be impossible reclaiming my money through that route. i did pay them by debit card, but my bank told me i had no recourse as the card isn't a credit card.

 

i just checked and the company i took to court is still trading.

 

after this experience i got a credit card and paid for my present course using it. the problem stated in the OP is could a small claims court order for telephone call transcripts to be made public for purposes of a case against the company in question.

i know the high court will only take claims for £5k or more and my course was only £1165, but if you factor in the £50 train fare and the previously cancelled test date and the wilful negligence of the staff conducting the exam and there could be ground for punitive action.

 

p.s. i spoke to someone in the company and he said they will review the matter and get back to me this coming friday. i've asked them to pay for any future retests or a full refund of the monies paid.

if they don't agree to either solution i will try and recover the money from the credit card company. if that fails then i'd have to attempt legal redress.

Link to post
Share on other sites

 

i understand i would've had to enforce payment, but at £55 for a bailiff and the conditions placed on what they can cease i thought it would be impossible reclaiming my money through that route. i did pay them by debit card, but my bank told me i had no recourse as the card isn't a credit card.

When you enforce a judgement the cost is yours initially but this is added to the amount owed and you get that back. If the amount of the judgement is below £600 then you will need to appoint a bailiff.

 

If the amount of the judgement was over £600 then you have the right to transfer this to the High Court for a writ of Fi' Fa', this will be done for you by the appointed enforcement company and the cost is approx £50, again when they enforce and collect your judgement that fee is refunded to you along with any interest the judgment has accrued.

i just checked and the company i took to court is still trading.

after this experience i got a credit card and paid for my present course using it. the problem stated in the OP is could a small claims court order for telephone call transcripts to be made public for purposes of a case against the company in question. You can serve them with a Subject Access Request and among everything they hold in relation to you they must by law provide you with a transcript or copy of any calls that you are aware have been recorded. If there is no record of the call having been recorded then obviously there will be nothing a court can do.

i know the high court will only take claims for £5k or more and my course was only £1165, but if you factor in the £50 train fare and the previously cancelled test date and the wilful negligence of the staff conducting the exam and there could be ground for punitive action.

see above comments

 

p.s. i spoke to someone in the company and he said they will review the matter and get back to me this coming friday. i've asked them to pay for any future retests or a full refund of the monies paid.

if they don't agree to either solution i will try and recover the money from the credit card company. if that fails then i'd have to attempt legal redress.

 

Hope you find this helpful

 

WD

Link to post
Share on other sites

If you have a judgment against the company then you should certainly post the name of the company here. We tend to find that many companies start to take an interest when their reputation goes public.

Don't protect them. Let us know who it is because it will warn others too.

 

Put the bailiffs in. Don't hang around. This business about them getting back to you is rubbish and you shouldn't have to put with it.

Put the bailiffs in now. The fee will be added to the amount levied against the company.

Link to post
Share on other sites

If you have a judgment against the company then you should certainly post the name of the company here. We tend to find that many companies start to take an interest when their reputation goes public.

Don't protect them. Let us know who it is because it will warn others too.

 

Put the bailiffs in. Don't hang around. This business about them getting back to you is rubbish and you shouldn't have to put with it.

Put the bailiffs in now. The fee will be added to the amount levied against the company.

 

i thought (maybe) forum rules prohibited me from naming and shaming. if that isn't the case then the company in question is sterling training in basildon.

 

i heard a bailliff can't take belongings of a company they use in their normal course of business. that in theory could be anything and everything they use. if there was some way of reimbursement through their trading account...

Link to post
Share on other sites

 

i heard a bailliff can't take belongings of a company they use in their normal course of business. that in theory could be anything and everything they use. if there was some way of reimbursement through their trading account...

 

 

There will be a lot that can be seized and yes it will play havoc with them but that is not your concern. Dependent on what you are owed will dictate the route you should take. Let's just say that if your Judgment is for more than £600 inc costs then you should have the CCJ transferred up to a High Court Writ and let a firm of HCEO's deal with it. They are much more tenacious than the Court Bailiff and will probably acheive success very quickly - cost of this which is added to their costs is £50. If for some reason they cannot execute then an abortive fee of £60 +VAT is payable.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

There will be a lot that can be seized and yes it will play havoc with them but that is not your concern. Dependent on what you are owed will dictate the route you should take. Let's just say that if your Judgment is for more than £600 inc costs then you should have the CCJ transferred up to a High Court Writ and let a firm of HCEO's deal with it. They are much more tenacious than the Court Bailiff and will probably acheive success very quickly - cost of this which is added to their costs is £50. If for some reason they cannot execute then an abortive fee of £60 +VAT is payable.

 

PT

 

if i gave the illusion i actually care what happens to the training provider, i'm sorry, as i don't. the fee they owed me was £200. i stupidly forgot to add the loss of salary and the cost of travel and other expenses when the case went before the judge. is there anyway of bumping up this figure so it crosses the £600 figure you've stated? can i resubmit?

 

a court bailliff could only handle non business goods of theirs and they will claim they use everything the bailliff might consider taking as a business item.

 

p.s. the £200 was a deposit on a course i never took, because they had sold me a course i never asked for and wouldn't allow me to change it to the one i had.

Link to post
Share on other sites

  • 2 weeks later...

i'm having trouble making a new thread. every time i hit "new thread" it takes me to a blank screen where i can't type

any message.

 

my problems concern the 'other' company in my OP. today they did an internal investigation which resulted in a whitewash.

a subject access request won't give me the information i need. a court order would.

is there any way of applying for a court order prior to submitting a claim via the county court?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...