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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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    • If you are buying a used car – you need to read this survival guide.
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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.

      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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you will laugh at this


brecken
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He told me to speed the process up, I could send him my passport with a copy of my signature

 

Brecken, just make sure you report AK's behaviour to Trading Standards. You are only supposed to complain to your own local TS, but if you send a copy of your complaint to Cheshire TS in Chester, they can add it to the pile that they already have. Another nail in AK's coffin.:)

 

Elsinore

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  • 4 months later...

AK will not readily agree to anything you ask (demand) of them. In my view, the only way to get their attention will be to apply to the courts for an order instructing them to remove the default. This is what I plan to do when the time is right.

 

When you sent your CCA request did you state that the balance claimed was in dispute?

 

Elsinore

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You'rs right Andrew, a default should only be placed by the creditor. But AK don't bother with pesky little details like complying with the law.

 

What should happen is this:-

Lender places default.

Lender sells/transfers debt to DCA

Lender ceases to be creditor and removes default.

DCA becomes creditor

DCA places default to relace original.

 

The fact that the DCA has little or no proper documentation to support their position as creditor is of little or no consequence to them (until they get caught out, that is).

 

I, and many others on here, have two deaults for the same debt! That's because the original lender couldn't be bothered to remove it. The irony is that, in many cases, neither default is legitimate, because the debt is made up of unlawful charges!

 

Until recently they have just gone on in their own sweet way, flagrantly breaching codes, regulations and laws. As long as we all follow through and hit them hard,then the game is up for them.

 

Elsinore

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Andrew, you know they can't default, I know they can't default, everybody knows they can't default, but they still do it. I daresay they've lodged a few defaults today that they shouldn't have done!:rolleyes:

 

If you can prove, if necessary to the satisfaction of a court, that the DCA had no right to default you, then you should have no trouble getting the default removed.

 

When you have suceeded in reclaiming the charges from Citi, then you will have grounds for demanding the removal of that default as well

 

I'm glad to say I've had no dealings with Cabot. Some of the stories on here involving them make me cringe!

 

None of them take any notice of what is required of them, until they are faced with court action.

 

Apologies brecken, mini-highjack over! Just having a rant, but it's all relevant I hope!:)

 

Elsinore

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You will need to complete a form N244 which you can find here. Have a read of it and if there are parts that need clarfication, just ask.

 

You can complete the document online but you cannot save it, only print it. You might prefer to get a hard copy from your local County Court and fill it in manually. There is an accompanying leaflet which should help you.

 

Think about what AK have done, not done, what evedence you have and what you might need. Your aim is to establish that AK had no right to register a default, so that a judge will issue an order compelling them to remove it.

 

Post again when you're ready and if you need assistance, we'll try to progress it.

 

Elsinore

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