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    • First of all please can you tell us the name of the seller, something about the van – age/year, mileage, price paid. How far away is the seller from where your son lives? Who do you take it to for this inspection? Are they prepared to give you a written list of the things that they found? This is very important and you may well have to get an independent inspection from somebody such as the AA. This will cost you some kind of feedback we expect that we will be able to help you get it back. I would say that if you have to bring a court claim – which is likely – then your chances of success are better than 95% but the difficulty might be enforcing the judgement against the seller. We will have to no more in order to give you better advice. Does it have an MOT? What is the date of it and who gave it the MOT? I suggest that you start taking pictures of all of the defects that you can find.
    • My autistic son brought a van from a private seller. ( there was 5 other cars on his drive and another van, plus loads of machanic tools in his hallway,  so he probably is a unofficial dealer).  He gave the van a once over, he checked for any warning lights that might be on, there was none. He checked underneath for any rust etc, it all looked fine. The body was rough, but you'd expect that for the age of the van.  He got his brothers machanic to give it a pre mot check, as the van was old so he expected it to have a few problems. The van is a deathtrap, the seller had blacked out all the warning lights that were on the dash,  and I mean all.  He had also painted some kind of black stuff on the underside, to hide all the damage there.   My son drove it for over 2 hours to get it home. The machanic said he's surprised my son is still alive, and an untrained eye would not of seen what the seller had done.  Iv asked the seller for a refund and for him to have the van back, but he is refusing. Is there anything we can do.   
    • The economy grew by 0.6% in the first three months of the year, ending a shallow recession.View the full article
    • First of all it sounds as if your retailer is very decent and very responsible. This itself is unusual in these kinds of circumstances and I think we need to bear this in mind. The guarantee is not particularly relevant and in fact the dealer had a statutory duty to exercise a certain responsibility for your computer – probably for several years as their obligation under the consumer rights act. The dealer may not have known this and it simply acting out of a sense of moral responsibility and that is even more noteworthy. You've already suggested earlier that you didn't really want to cause problems for your retailer. I think that you will need the help of your retailer as well in order to get information and evidence. I suggest that you proceed against DPD – but before you do that – I suggest that you have a discussion with the retailer. Tell them that this is what you are going to be doing and you would like to have a copy of anything they have which relates to the special instructions which apparently your dealer has already informed you about in relation to where item should be left. Secondly, maybe you should tell your dealer about this site and also about this thread. I can imagine like many dealers who are frequently sending items by means of couriers, they have had things go missing. Tell them that we will be very happy to help them recover money for lost or damaged or stolen items – and that is regardless of whether or not they have purchased insurance. Apart from being very pleased to help your dealer recover items which have been lost by irresponsible parcel delivery companies, I think we need to encourage the complicity between you and them so they will be pleased to support you in your claim against DPD. It will be helpful if you can get a copy of the instructions that you have referred to above, and also if you can get some written evidence of your own instruction that your laptop should be left in a safe place. Have you done the reading on this sub- forum? You will need to do lots of reading of many of the similar stories on this sub- forum. They won't necessarily be against DPD but the principles will broadly be the same. Also read the pinned topics at the top of the sub- forum in order to understand many of the principles involved. Getting your money back but be quick – but your chances of success are better than 90% that you can bank on it taking anything up to a year. Have you got anything in writing from DPD either refusing you or telling you that they won't discuss with you?  
    • Thank you for telling us the text of the letter you had from the police. As we don't seem to have come across this before, it would be really useful for us to see the original please. HB
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Sheesh would you believe this - I couldnt - speechless


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Went with a friend to court today.

 

He is in a similar position to me in that claimant discontinued proceedings after he filed a defence.

 

They then re-issued a dn and tn saying the same as mine "we couldn't locate so here we go" They then re-issued. He prepared a very good statement regarding discontinuance and the fact that the account had already been terminated as they said so in their previous reply to defence. They still terminated even if they cant find the documents.

 

Helped him along the way and his application notice for a strike out due to discontinue and the Harrison case ie second bite of cherry etc. They have also made an application to strike out his defence as they say "material facts are different"

 

Turns up at the court today, other side sent a solicitor.

 

Went into court, I sat next to time just for support. Judge says here is an application from both sides, claimant wants default judgment defendant wants claimant's claim struck out, having looked at the papers the claimant's application succeeds and the defendant's application is dismissed.

 

Why you ask because the amount is nearly £30,000 and the judge says there is nowhere on earth would he ever strike out a defendant's application on a claimant's claim for that amount of money - incredible. So if it was £1000 my friend might have succeeded.

 

I think an appeal is in order.

 

Shocking tactics - just because the amount is high doesn't necessarily mean that all the rules have been followed and as far as I can see they didn't follow the rules to the letter.

 

HH

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hammy

 

did your friend have any other grounds to defend other than a defective DN eg unenforceable agreement?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Illegible agreement more of a scanned copy really, they couldn't produce the original DN and TN and so therefore discontinued and then re-issued. I thought his witness statement was fab. Explaining that they swore a statement of truth that the DN and TN had been sent in the original proceedings so therefore they could not reissue another DN and TN as the account had been terminated.

 

I am really shocked. Told him to get his application for instalments in in the meantime just in case it does not swing his way but I really thought he had a good case and by following CPR rules the judge should have understood that a claimant because of negligence couldn't produce the first time time, discontinued so they could start again. Shocking and I think the claimant's solicitor was shocked also. The tape transcripts will take 6 weeks!!! Told him to wait for the order but as I said get the application in for instalments in the meantime.

 

The judge's words verbatum, "I cannot allow the Defendant's application to proceed due to the fact that the value of this claim is substantial and as the Defendant has received the money in the past, to deny the claimants of the money that is due to them would be detrimental. The Claimant's application proceeds to default judgment"

 

How the hell do you appeal against that!!!

 

So we might as well forget the white book and cpr. Anyone can sue you now and get away with it. If the claimants have done something wrong in their original proceedings, hey ho discontinue, send another DN and TN with an additional £4000 thrown in for good measure and hey presto win the case with additional £2500 thrown in for costs.

 

Shocking.

 

Any other thoughts that spring to mind let me know.

 

HH

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Illegible agreement more of a scanned copy really, they couldn't produce the original DN and TN and so therefore discontinued and then re-issued. I thought his witness statement was fab. Explaining that they swore a statement of truth that the DN and TN had been sent in the original proceedings so therefore they could not reissue another DN and TN as the account had been terminated.

 

I am really shocked. Told him to get his application for instalments in in the meantime just in case it does not swing his way but I really thought he had a good case and by following CPR rules the judge should have understood that a claimant because of negligence couldn't produce the first time time, discontinued so they could start again. Shocking and I think the claimant's solicitor was shocked also. The tape transcripts will take 6 weeks!!! Told him to wait for the order but as I said get the application in for instalments in the meantime.

 

The judge's words verbatum, "I cannot allow the Defendant's application to proceed due to the fact that the value of this claim is substantial and as the Defendant has received the money in the past, to deny the claimants of the money that is due to them would be detrimental. The Claimant's application proceeds to default judgment"

 

How the hell do you appeal against that!!!

 

So we might as well forget the white book and cpr. Anyone can sue you now and get away with it. If the claimants have done something wrong in their original proceedings, hey ho discontinue, send another DN and TN with an additional £4000 thrown in for good measure and hey presto win the case with additional £2500 thrown in for costs.

 

Shocking.

 

Any other thoughts that spring to mind let me know.

 

HH

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Original defence was illegible agreement - it was only one page with no signature and you could barely read it. Despite asking for it again at disclosure the claimant said he had received the only good copy available.

 

So are we saying that despite an illegible agreement, despite them not locating the DN and TN (they only must have found this out at disclosure) they discontinued with no order as to costs and then issued fresh DN and TN and fresh proceedings he will lose.

 

HH

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No he quoted CPR regarding discontinuance of the previous action. He didn't think he needed to go over the same defence again. As far as he was concerned they had withdraw after receiving his first defence and thereby used discontinuance in this second defence as that what the rule states regarding re-issuing of proceedings.

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I had to read this three times. I just find it so :-x. In any other arena of law you simply would not get away with this when its CPR and CCA it seems as if the banks can do as they like. I feel so sorry for your friend. I would seek the advice of a legal expert to see if hes got enough grounds for an appeal.

Be kind, for everyone you meet is fighting a hard battle. Please do not PM me I do not use the PM service. Please use a link on my thread for any help or to talk.

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