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    • Please can you avoid posting solid blocks of text. It is difficult for people to read especially when they are using a small screen such as a telephone. Well spaced and punctuated please. I hear what you say about the evidence – but do you have copies of it? And if so can we see it please. That's the point. We want to know what you have. As long as you have the evidence in your possession then you have some kind of control
    • Hi, the vehicle went to Audi Chingford on Thursday 13th May. I did state beforehand that I only wanted a diagnostic. The technician out of courtesy opened the drain letting huge deposits of water escape the seals. Video evidence was provided via AUDI cam. The link for the audi cam has been forwarded to BMW and Motonovo. I spoke to branch manager explained the situation and he stated he would sent me an email outlining the issue. Audi state this is not really an issue and more of a design flaw. However, the seals still have water ingress. I purchased the vehicle with £0 deposit on a 60 months HP plan for £520.00. The vehicle total was £21000. I did not go for any extended warranty. I live almost 70 miles away from the aftersales centre in Peterborough. I have previously uploaded the document I forwarded to BMW however it was in word format. I have had to buy a new tyre almost three days after purchasing vehicle. BMW still have not compensated me for the v62 cost as they said they would. 
    • I would suggest that you stop trying to rely on legal theory – as you understand it. Firstly, because we are dealing with practical/pragmatic situations and at a low value level where these arguments tend not to work. Secondly, because you clearly have misunderstood the assessment of quantum where there are breaches of obligations. The formula that you have cited above is the method of loss calculation in torts. In contract it is entirely different. The law of obligations generally attempts to remedy the breach. This means that in tort, damages seek to put you into the position you would have been in had the breach not occurred. In other words it returns you to your starting position – point zero. Contract damages attend put you into the position that you would have been had the breach not occurred but this is not your starting position, contract damages assume that the agreement in dispute had actually been carried out. This puts you into your final position. You sold an item for £XXX. Your expectation was that you your item would be correctly delivered and that you would be the beneficiary of £XXX. Your expectation loss is the amount that you sold the item for and that is all you are entitled to recover. If you want, you can try to sue for the larger sum – and we will help you. But if they ask for evidence of the value of the item as it was sold then I can almost guarantee that either you will be obliged to settle for the lesser sum – or else a judge will give you judgement but for the lesser sum. This will put you to the position that you would have been had there been no breach of contract. I understand from you now that when you dispatch the item you declared the retail cost to you and not your expected benefit of £XXX. To claim for the retail value in the circumstances would offend the rules relating to betterment. If you want to do it then we will help you – but don't be surprised if you take a tumble.  
    • I was caught speeding 3 times in the same week, on the same road. All times were 8-12mph higher than the limit. I was offered the course for the first offense and I now need to accept the other 2 offenses. I just want to be ready for what might come. Will I get the £100 fine and 3 points for each of them or do I face something more severe?  These are my only offenses in 8 years of driving.
    • I'll get my letter drafted this evening. Its an item I sold, which I'm also concerned about, as whilst I don't have my original purchase receipt (the best I have is my credit card statement showing a purchase from Car Audio Centre), I do unfortunately have the eBay listing where I sold it for much less. But as I said before this is now a question of compensation: true compensation would seek to put me back into the position I was in before the loss ie: that title would remain with me until my buyer has accepted this, and so compensation should be that which would be needed to replace the lost item. But in the world of instant electronic payment, it could be argued that as I had already been paid, the title to the goods had already transferred, and I was required to refund the buyer after the loss. And so, despite my declared value being the retail price - that which is needed to return me to my pre-sales position, the compensatory value should be the value I sold it for, which being a second-hand item from a private seller is lower. I still believe that I should be claiming for the item's full value, rather than how much I sold it for, as this is the same for insurance: we don't insure the value we paid, but rather the value of the item to put us back into the position we would be in if we ever needed to claim. Its for the loss adjuster to argue the toss
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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
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    • 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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Paydayoverdraft!! Court Form


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You are still in time. You MUST phone the Court tomorrow and ask why you cannot log in.

 

Just to make double sure, get the paperwork you have filled in, asking to defend all and send that back (photocopy a copy for yourself)

 

Also ask the court what date your 14 days are up!

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Hi sorry do i need to fill in acknowledgement of service as it says at the top if you need 28days (rather then 14) from the date of service to prepare your defence or wish to contest the court jurisdiction?

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Hi sorry do i need to fill in acknowledgement of service as it says at the top if you need 28days (rather then 14) from the date of service to prepare your defence or wish to contest the court jurisdiction?

 

 

YES, if you don't, you don't get the extra 14 days.

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just fill in and send to the court as advised

 

we will talk about extending time for a defence as to cpr 15.5 tomorrow

 

its that you must acknowledge the claim, you still have time as its ccbc claim

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sorry i dont want to make a mistake on this form and bare with me as this is new to me do i need to tick i intend to defend all of thi claim or i intend to defend part of the claim ?

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You just need to make sure you follow the court directions and within the time constraints. File Acknowledgment fo Service as has been discussed above. Then we can help you with your defence. If you do not file AoS, Hart could get Default Judgement - we really don't want that. You will be fine as long as you follow the directions. I had the same problem with MoneyClaim Online with passwords etc. Call the court and get the AoS in asap. And DON'T PANIC.

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Hart hopes he will get judgment by default. It's why he does this to hundreds, if not thousands of people. He preys on people he thinks are vunerable and have no knowledge of what to do. Most people just run off and hide.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Guys Thank you so much for your help i have filled out the ASOS form im doing it recorded delivery and phone them tomorrow and soon as i hear anything back ill let you know asap.at least i can rest now thank you

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ok this is strange i've tried to sign on to county court using ie9 and google chrome and it says The following errors have occurred:

 

1.Claim number or password is incorrect i have tried so many times

 

Yes i have sent the letter thanks

 

This may assist with on-line aos

 

Phil

 

http://www.justice.gov.uk/courts/northampton-bulk-centre/money-claim-online/frequently-asked-questions

 

Defendant frequently asked questions

How do I file a response on MCOL?

 

You will need to register for a Government Gateway account on the MCOL homepage. Once you have logged in, you will then see an option to ‘Respond to a Claim made against you’ on the bottom right hand side of the page. Log into your claim here, using the claim number and password on your N1 claim form.

You must keep a note of your Government Gateway log in details, as you may not re-register and log into your claim from a different Government Gateway account.

My password doesn’t seem to be working – what should I do?

 

Ensure the CAPS lock key is off. Input the password exactly as it is printed on the claim form - it is case sensitive and it will not be recognised unless you input the exact combination of upper case letters, lower case letters and numbers. Ensure that you are reading the password correctly – e.g. if you see a character that looks like a ‘0’ (zero), it may be an upper case letter O.

Do I have to use MCOL to file my response or are there any other ways I can do this?

 

MCOL is only one way of responding to a claim. If you are having problems logging in, or would prefer not to use MCOL, you can fax, email or post your response to the Court instead. If you send your response by e mail please send it to MCOL@hmcts.gsi.gov.uk and ensure you quote “Claim response” in the subject field. If you are fully admitting to the claim then the admission form should be sent to the claimant directly and not to the court.

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Make sure you take a photocopy of the form before you send it - keep the recorded delivery receipt very safe so you can check the royal mail website in a few days to print off the signature receipt and staple it to your copy of the AOS. - you must check the court has received the form.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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may i ask

 

what defence will we be using, if we use the normal embarrassed defence that the norm,

 

all we are doing is opening ourself open to costs

 

if hart does not supply the documents as to CPR 31.14,

we just put in an N244 application with an unless order

 

if we do not have the documents, how can we defend

 

that my point of view but i am open to all sugestions

 

after all, this is a self help forum where everybody"s views count

Edited by squaddie
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Prob use the one that we use against hart everytime. How he manages to avoid reprimand is nothing short of amazing.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Lots of things to defend on with Andrew Hart. He WILL turn up at court personally. Don't be intimidated.

 

Unfair relationship under s140A Consumer Credit Act 1974 (as amended) and request remedy under s140B; it is unfair because: charges ridiculous and not representative of his true costs (therefore penalty), harrassment, excessive interest.

Plus s5 UTCCR 1999 - and require to prove costs

 

Each and every one of the charges is a "default sum". You will get a long list of charges (e.g. £5 for a text message). Each and every one of those is a default sum (defined s187A CCA74) and therefore every time one is charged a Notice of Default Sums per s86E CCA74 must be served in writing, which I'll bet you now it hasn't, and therefore the ENTIRE AGREEMENT IS UNENFORCEABLE BY LAW under s86E(5) CCA74. I think this is the easiest one to get it struck out.

 

If any interest is claimed on Default Sums, this is not allowable (s86F CCA74).

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You need to consider what defence you are going to plead and make sure you file in time.

 

If the claimant has not agreed an extension the court will not provide you any relief.

 

From your earlier posts you noted claim dated 29.06.12, deemed service would be at + 5 days [04.07.12], assuming you acknowledged in time your defence must be filed by 01.08.12. Check the deemed service date to be sure though.

 

What data have they disclosed in response to your part 31 request?

 

Have you tried registering on MCOL ?

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Yes i have acknowledged the defence,I wouldnt Know what to say as this would be my first time.

 

Would need to know what [if any] data has been disclosed, hard to defend the unknown :-)

 

Did you check deemed service date?

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