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    • LouLouDev79
      Backdoor Link CCJ - old Barclaycard debt - Default Judgment set a side - hearing in 2 days - Witness Statement help urgent!

      By LouLouDev79 · Posted

      Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • flimes
      Trade Centre Uk/Moneybarn UK - right to reject car after finance paid off early

      By flimes · Posted

      Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • northmonk
      NPC/DCB(L) Vanishing Windscreen PCN Claimform - Taxi - Appealed - No Parking Or Waiting At Anytime - St Thomas Hospital, London, Se1 7eh.

      By northmonk · Posted

      Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
    • NewsBot
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      Car maker takes a hit from weakening demand and price war in the world's largest electric vehicle market.View the full article
    • dx100uk
      NPC/DCB(L) Vanishing Windscreen PCN Claimform - Taxi - Appealed - No Parking Or Waiting At Anytime - St Thomas Hospital, London, Se1 7eh.

      By dx100uk · Posted

      please stop posting up unnecessary unnamed screenshot files  you've done it throughout your threads and we have to renamed them. RENAME THE FILE before you upload if its just text information like a defence or a claim history or a link to a previous post  type it here not by an unnamed screenshot attachment  . sorry NM but you've been here dealing with PPC claims since 2021 somehow you always manage to screw up.......or do totally the opposite of std repeated advice on 10'000 of PPC threads here you are your own worst enemy... dx  

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Clydesdale CC issue Summons but now live abroad

olrac123
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olrac123

olrac123

Posted
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Hello and thanks for the input. When you say "any half decent lawyer should be able to win" that confuses me. can you clarify that sentence? I dont want them to win if you get my drift; I want them to cancel the action based on the fact there is no jursidiction in the Scottish court to hear the case.

 

Would I need to contact the Clydesdale lawyers and attempt to convince them to drop the action, or is this something that happens through the court?

 

Many thanks for the suport here....

 

Cheers,

David

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mystery1

mystery1

Posted
Posted
Hello and thanks for the input. When you say "any half decent lawyer should be able to win" that confuses me. can you clarify that sentence? I dont want them to win if you get my drift; I want them to cancel the action based on the fact there is no jursidiction in the Scottish court to hear the case.

 

Would I need to contact the Clydesdale lawyers and attempt to convince them to drop the action, or is this something that happens through the court?

 

Many thanks for the suport here....

 

Cheers,

David

 

I assume that as you are abroad you'll need to use a lawyer to defend and they will win for you.

 

If you contact the banks lawyers they may see sense and drop it but it has to be dropped via court as they have started proceedings.

 

M1

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olrac123

olrac123

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OK now I understand. My standpoint is that I should not be forced into a position of defence in a court that has no jurisdiction to hear any argument for or against the action raised by the Clydesdales bank. This would only waste court time and I would have several hundred pounds cost on lawyers consultancy fees to defend a case that has no place in a Scottish court.

 

I need to find the mechanism that more or less triggers the court to say we cannot sit on this case as we have no jurisdiction to hear it- all this prior to spending cash. I don't mind spending the 80 pounds, but really baulk at getting lawyers involved at a greater expense.

 

PS - I have lived abroad for the past 11 months.

 

Many thanks,

 

David

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mystery1

mystery1

Posted
Posted
OK now I understand. My standpoint is that I should not be forced into a position of defence in a court that has no jurisdiction to hear any argument for or against the action raised by the Clydesdales bank. This would only waste court time and I would have several hundred pounds cost on lawyers consultancy fees to defend a case that has no place in a Scottish court.

 

I need to find the mechanism that more or less triggers the court to say we cannot sit on this case as we have no jurisdiction to hear it- all this prior to spending cash. I don't mind spending the 80 pounds, but really baulk at getting lawyers involved at a greater expense.

 

PS - I have lived abroad for the past 11 months.

 

Many thanks,

 

David

 

Idealisms won't help you. They have started the court action and you now have to go with the flow.

 

Best option, you contact their lawyer, point out your solid defence and they drop it. (send you a joint motion to dismiss and you don't need a lawyer or attendance)

 

Otherwise you need to pay £80 to defend and use lack of jurisdiction as your defence. Perhaps you could get no win no fee ? (you'd still need to pay the £80)

 

For £12k it will be an ordinary action with no limits on costs (unless you claim £1000000 on ink or something equally stupid). It really doesn't sound like it'll cost much although i guess that's relative. Against the debt it'll be very little but if you'reliving hand to mouth it's a lot.

 

M1

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olrac123

olrac123

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Hello- how does a joint motion to dismiss actually work? The word "joint" implies a level of cooperation between myself and the Clydesdale lawyers and this seems strange in the circumstances.....

 

Thanks,

 

David

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mystery1

mystery1

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Posted
Hello- how does a joint motion to dismiss actually work? The word "joint" implies a level of cooperation between myself and the Clydesdale lawyers and this seems strange in the circumstances.....

 

Thanks,

 

David

 

A joint motion is when 2 parties agree to proceed in a certain way. In your case this would mean agreement to dismiss and they'd probably include a phrase that means you won't get costs or won't pursue cost in the future.

 

They could lodge the motion without it being joint since they really don't need you to get this particular motion through since really you have no costs or investment in the case other than being the defendant.

 

Joint is also quicker since there would be no need to ask if there is any opposition and it's just a case of the Sheriff rubber stamping it.

 

M1

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olrac123

olrac123

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Ok - getting the hang of this. Can you describe the flow of actions to be taken? Do I still complete the court papers to defend the action and send off with the 80 pounds payment or do I go straight to the Clydesdale lawyers for this joint motion of dismissal? If the latter, how do I convince them I am not a UK resident? If the former, what would the court need to see as proof?

 

Thanks.....

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mystery1

mystery1

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Posted
Ok - getting the hang of this. Can you describe the flow of actions to be taken? Do I still complete the court papers to defend the action and send off with the 80 pounds payment or do I go straight to the Clydesdale lawyers for this joint motion of dismissal? If the latter, how do I convince them I am not a UK resident? If the former, what would the court need to see as proof?

 

Thanks.....

 

 

It varies depending on circumstances.

 

However from my take on what you appear to want, i would find out the Clydesdale lawyers telephone number and speak to them. Explain that you live abroad and have done for awhile. They may be sceptical and ask for proof, especially if you are still on the electoral roll. They will either agree and lodge a motion (may or may not be joint) or they will bury their heads in the sand and continue. Either way do not let them go passed the deadline for defending the action without indicating you will defend to the court (paying £80). If they do agree to dismiss phone the Sheriff clerk to confirm and get confirmation from the lawyers asap (email is fine).

 

If you lodge your intent to defend paying £80, then make sure you get it back from Clydesdale if they agree to dismiss afterwards. If they go to court and lose (why wouldn't they lose ?) you will be awarded costs.

 

M1

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olrac123

olrac123

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Phoned the Clydesdale lawyers who stated that as the Sheriff officers had already served the papers the court action would continue. So therefore I must defend it. Do I state in a written explanation to to the court that as I have lived abroad for the past 11 months they do not have jurisdiction or do I just submit the Form for defence and include the 80 pounds payment? Would I provide proof of French residence at this point or wait until this is called for?

 

As the Clydesdale cannot win this one, what are the consequences for them when the case is thrown out?

 

Thanks,

 

David

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Hi David, I'm not very familiar with Scottish Law, might I suggest taking professional advice,

on the defence, as you don't want a judgement by default entered.

Brig

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olrac123

olrac123

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Hi Brig,

 

There lies the problem. I would need to source a Scottish lawyer, go through the case with them and then there are costs to defend an action that should not even be heard. I am not planning to travel to the UK to defend this in person either. Basically I need to submit enough evidence to the court that convinces the sheriff to stop the proceedings dead.

 

I really do not want to be sucked into paying lawyers for something that is cut and dried as this. Is there a "free" consultation in Scotland that I can approach?

 

I am going to submit the defence paperwork, pay the 80 pounds and also submit a statement of the facts. Hopefully that should at least trigger an attempt by the court to investigate further the fact that they do not have jurisdiction to sit on this one.

 

If anyone can suggest a better route I am all ears.......

 

Cheers;

David

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Hi david I'll bump this perhaps a member of the site team will have some ideas.

Brig.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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mystery1

mystery1

Posted
Posted
Hi Brig,

 

There lies the problem. I would need to source a Scottish lawyer, go through the case with them and then there are costs to defend an action that should not even be heard. I am not planning to travel to the UK to defend this in person either. Basically I need to submit enough evidence to the court that convinces the sheriff to stop the proceedings dead.

 

I really do not want to be sucked into paying lawyers for something that is cut and dried as this. Is there a "free" consultation in Scotland that I can approach?

 

I am going to submit the defence paperwork, pay the 80 pounds and also submit a statement of the facts. Hopefully that should at least trigger an attempt by the court to investigate further the fact that they do not have jurisdiction to sit on this one.

 

If anyone can suggest a better route I am all ears.......

 

Cheers;

David

 

Pity the easy way didn't work.

 

You need to file form 07 and pay the £80. You will then get form G5 from the court which is effectively a timetable. It will give a date for the last lodging of defences 14 days is the norm. A date for the last adjustments and a date for the options hearing.

 

You should include the relevant plea in law with your first defence as doing it during adjustments could indicate that you accept jurisdiction.

 

At the options hearing you ask for a debate to be fixed and then you kill them off. Both the options hearing and debate will require you or a lawyer to represent you and you will claim costs for this.

 

Sending a letter to the court is a waste of time. They do not investigate. They make decisions based on representations of evidence and case law made during hearings.

 

M1

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olrac123

olrac123

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Hi M1_ done exactly as you have said. Now I will await the paperwork to arrive here and then it is on and upwards. Thanks for the guidance here it is very useful....

 

Cheers,

David

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  • 3 months later...
olrac123

olrac123

Posted
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Hello All,

 

The date of the court hearing has now passed but due to a recent operation on my knee I was not able to attend. I have not received any paperwork updates from the court or from the Clydesdale. If they have been succesfull in their court case where would I be able to check if they have an open decree against me?

Many thanks

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olrac123

olrac123

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Hello -I have put in the details of the court reference, the pursuant, and my name. nothing comes up. However there is a open decree awarded against me in favour of the RBS (2008) and this does not show either -so still puzzled...

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