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    • “Not realising it was a no parking zone” doesn’t help you if the timing is correct, as (at least, on Google Maps / View) there is clear signage ('7am to midnight', parked at 15:22) What might be worth pursuing is the "ticket handed to driver" aspect : do you have any view on why they would be  stating that?
    • it's 85k of turnover (well, now £90k). However, you're digging yourself into another hole here. That ship has probably long since sailed. Is it worth pursuing this? You're not going to get anything back from it either way.
    • Hi,   A few pointers from yesterday to take note of evris cpr 27.9 failed again so we should really make issue of this also their WX fail to comply with CPR so again we should take issue with their statement of truth  you cant get tort if you get damages under subsection 7 of CRA because its double recovery  - not sure what we think of this? however its the first time i saw the judges make reference to your non automatic rights from s49 which s54 and 57 assist with. We should start stating this specifically for claims as I think its much better than just 49 and 57 as we need to make it clear where our non automatic rights come from as 54 automatic frankly dont help  I have sent the claim form and defences to the admin email because I can’t upload them for some reason as it wont let me but thought this may help as its the first time we’ve taken tort to trial. although i think the DDJ was honestly struggling to understand some parts of the law because he was asking me about them and how he should interpret them, especially for the automatic. Will apply for transcript if you want it?
    • I decided on confrontation - which I hate.  Omg the arrogance of the driver.  They refused to say who had given them the alleged permission to park on the private land - unless I proved ownership.  I couldn't believe they could be so objectionable.   They advised they couldn't take public transport to work as they lived too far away.  They couldn't rent a local garage as none were available. I simply said that's their issue not mine. It was infuriating that this person had such misplaced entitlement.  However I decided to humour them and show them the title deeds.   They couldn't respond.  Although at this point they alleged some guy in a city up north - whose name they couldn't remember - gave permission!!    They then asked if they could buy the garages and land!! Yet can't afford to park on a meter !! They seemed to back down and agree to now park elsewhere.  I hope so. 
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    • 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
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payments not credited by dca.


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have been paying DCA for 12 over 12 months,the account was then moved to a different DCA been paying since July 2009,My problem is I paid with crossed postal orders,the post office has confirmed encashment but will not confirm any details. both DCAs will not admit to these payments and credit the account.any suggestions would be graciously received.

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have you requested documents and statements? if not , do so NOW.

Do the CCA first, then when they dont comply, you can write again stating that all payments will now stop.

Youve got to get hold of the statements, they are crucial to see if theyve lumped charges on to you

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i got the statement from the original creditor and this showed no payments for over a year had been credited from the first dca,I then got one from second dca after asking for cca . which showed no payments to them before feb this year when infact they had been sent from july 2009 to jan 2010.have written to all three but no acknowledgement at all

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OK, well stop paying them then. write to them stating that as no acknowledgement has been received, future payments will be witheld until such time you recieve a full statement of account, also that they need to provide you with evidence that they are legally allowed to collect from you

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I assume that youve been paying them without asking for the proof of debt etc? so if youre going to write, you should make a CCA request, to keep things organised.

Also send off SAR to original lender. this will show you what theyve charged . Make sure you specifically ask for the executed agreement to be supplied on the SAR.

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I knew I owed them something whenI received there letter several years ago and never questioned the ammount or charges have been paying small monthly payments since.I found this site and asked for cca,which eventually arrived and the first page seems to be right and proper but second seems a little different, the statement shows an 18 month gap in payments I sent,this was queried to oc and the two dca but none of them will accept they have had the money although the post office confirms theyved been cashed but wont confirm to who.I will SAR the oc to see if this throws anything up.

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just heard back from the post office regarding postal orders,although the postal orders were crossed and made payable to a dca,the post office will only confirm tthat they has been cashed but not by whome,so the dca can say he has not received them,the only way to get proof is if you can get the police or courts involved,so I will not be making anymore postal order payments.

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I would definitely have speaks with the Police, as it looks as though this particular DCA is trying to be a tad dishonest. As long as you have proof that these POs were cashed, it gives evidence that the DCA is stealing the paymentIn anycase I would NOT contact these thieves again; I would contact trading Standards as a minimum and tell them what's occured i.e. that they are cashing your POs and not crediting your account with the money. I'm ertain that the DCA will find that there's been a "mistake" and they will suddenly find the money

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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Exactly. So the thing is to say to the new DCA that you are in the process of informing the authorities about a dispute with the previous DCA and that you do not intend to make further payments to them or anyone else until that dispute is resolved. tell them no further correspondence will be entered into, and if they persist, you will forward their letters to the authorities for inclusion in the dispute

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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