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


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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
      Tesla China rival BYD sees profits slump due to EV price war

      By NewsBot · Posted

      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.

How long to wait after IUC?

SockPuppet

By SockPuppet
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SockPuppet

SockPuppet

Posted
Posted (edited)

Hi there, I'm not new to this forum, but this is an alternative username for a reason.

 

I was convicted of bf (IS and HB) in 2008 for failing to declare a change in circumstances - I was a student in 2004, and because my loan took months to come through I didn't sign off ... I ended up quitting uni after the first year because of a family tragedy and health issues, and even though I no longer claimed my loan, they kept sending it to me for the next 2 years (3 in total), and I just kept my mouth shut and spent the money.

 

the DWP found out and interviewed me under caution for failing to declare etc. So ... 6 months later, after hearing nothing I got a summons for £13000 worth of fraud.

 

In July 2008 I pleaded guilty and got 150 hours community service. In the meantime I had inherited some money - but I was advised by my solicitor at the time to "keep quiet about it" or risk stirring up the hornet's nest even further. Not what I would say was wise advice, but that's what he said.

 

In December 2010 I was investigated again - a spot check had discovered the inheritance and that at the end of 2008 I still had too much money in savings ... so there was an discrepency between the original investigation and this other lump of money.

 

I admitted everything and told them of my mitigating circumstances - I won't go into details, but they included an official diagnosis of a mental health disability, depression, addiction problems, relationship breakdown and bereavement. (all on record).

 

The investigating officer said I should hear about the decision within 6-7 weeks.

 

About a month later I had a letter stating that the amount I owed was £2010 - but heard nothing about their decision - I am no longer on benefits and was fortunately in a position to pay this back in one go. So, I owe them nothing for this latest case, but still owe them for the first case.

 

After 7 weeks I phoned the investigator who told me that they still hadn't made a decision on my case but to expect to hear "very soon".

However, 7 months on and I've heard nothing. Not a word, nothing! So ...

How long do these things usually take? Could I be lost in a pile of paperwork and completely forgotten about? In which case will contacting them act as a reminder and make things worse?

 

Has paying it all back made things better for me?

 

If the worse comes to the worse ... what should I expect for a 2nd offence? Even though it was related to the first offence and my mental health back then. Is it time to think about the worst case scenario?

 

Apparently there is something about justifiable delay, and also something in the Human Rights Act that says cases need to be brought within "reasonable time" ... could this apply here? (hse.gov.uk/enforce/enforcementguide/court/abuse-delay.htm)

 

Anyway, thank you for all considered responses :)

Edited by SockPuppet
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FitzWilliam

FitzWilliam

Posted
Posted

I had an IUC on 10 Feb 2011 and received a letter dated 1 April 2011 saying they were taking no further action. So that was 7 weeks. At my IUC, my interviewer said there was about a 2 month backlog of cases that the decision makers were going through.

 

Seven months is certainly a long delay for hearing whether they are taking any further action in your case. The best way to find out what's happening is to contact them, but that's up to you ...

 

I hope it works out all right for you.

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leemack

leemack

Posted
Posted (edited)

Do you have the solicitor's advice in writing - firstly this would be a mitigating factor - having an idiot as a solicitor who gave stupid advice - secondly you have a case against the solicitor.

Edited by leemack
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leemack

leemack

Posted
Posted

Apply to the solicitor for a copy of your case file - don't mention anything about what is happening, just make a simple request. Your solicitor may have made notes about your discussion. As has been said he'd be pretty stupid to write it down.....but you never know.

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SockPuppet

SockPuppet

Posted
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Posted

Well when it comes to it I'll certainly explore every avenue available ... especially as I wasn't in a sane mental state at the time and now back to my old self and thinking clearly.

 

The main issue at the moment is whether to chase it up or leave it and carry on waiting ... I'm not particularly stressed, but it is getting in the way of making a few plans.

 

What's the longest anyone else has needed to wait for an answer?

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leemack

leemack

Posted
Posted

You need to chase it up. The overpayment notification letters have a habit of not turning up. You have an absolute time of 13 months from date of decision to appeal an overpayment. If you leave it too long to chase, as I've known people to do - even though they did not commit fraud and could have won an appeal, they lost their right of appeal due to the time limit passing.

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SockPuppet

SockPuppet

Posted
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Posted
You need to chase it up. The overpayment notification letters have a habit of not turning up. You have an absolute time of 13 months from date of decision to appeal an overpayment. If you leave it too long to chase, as I've known people to do - even though they did not commit fraud and could have won an appeal, they lost their right of appeal due to the time limit passing.
Oh I heard about the overpayment - it was £2010 and I paid it in full on the same day without appealing it. I requested a signed receipt which I received "without prejudice to any other action they may decide".

 

What I haven't heard is what action they plan to take against me, if any ... I still don't know whether I'm gonna get a caution, a fine or prosecuted - and I don't know if I've been lost in the system or not (which would be a result).

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SockPuppet

SockPuppet

Posted
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Posted (edited)
Which benefit was it that investigated?
Income Support - granted because I didn't qualify for incapacity benefit.

 

Sorry to butt in, just wanted to ask did you repay the first overpayment of £13000?
I am paying it off on a regular direct debit. Edited by SockPuppet
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leemack

leemack

Posted
Posted

You may find the local council will eventually contact you - it sometimes takes a while but usually their computers match with DWP that you weren't entitled to income support for the period, sorry to say, but I've seen people get the overpayment notice from the council months or years after the original dWP overpayment. This is why it may be still be worth appealling the income support overpayment if you don't think you're guilty and can make a case.

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