Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

CCJ and imprisonment threat.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4276 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi posting on behalf of a family member.

In 2009 after failing a university course due to ill health, he left owing money to the university for accommodation. As far as we know, the first contact about the debt was a letter posted to home address in lat January 2010 advising f potential court proceedings, and asking for over £2000 to be paid immediately. Sick with depression and unable to cope, he eventually went to CAB who dealt with the debt collectors (Clark Willmott), who advised in the circumstances that they would pass the matter back to the university concerned. A budget form of some sort was completed, advising company concerned that he had no disposable income. Person heard nothing more, and moved out of the rented accommodation the following June.

In mid-July 2012 the person concerned returned to his parents' home, and soon after was served a notice of disobedience, advising him that he was in contempt of court, and was to be sent to prison for 7 days if he did not attend a hearing in late August. Apparently he had been served with an order to attend court in June and had not appeared. However, the address listed on the papers he was supposedly served with was one which he had moved out of two years previously, despite the university concerned having his parents' address.

He intends to go to the hearing, and does not dispute that he owes the debt (although it is now according to the court over £3000), but was never served with the initial documents, so has no idea what happens next or how he can prepare for the hearing.

Edited by SkiNellieB
Link to post
Share on other sites

Is there any evidence that the university knew of his new address - or at least knew that he had moved out of his old address?

 

That would be very helpful.

 

Anyway, he should write a polite letter to the University - and another on to the court addressed to the judge.

 

Send them recorded delivery.

 

He should say that:-

He is very sorry for any trouble caused

He has never received any papers relating to the case and had no knowledge of the proceedings or of any order

That of course he will comply with any orders of the court and would never have dreamed of doing otherwise.

 

 

In the letter to the court he can also inform them that he has been suffering from depression

He should also point out to the court that he resepctfully asks them to consider that it was entirely unreasonable of them to use his old student address for these proceedings because it must have been obvious to anyone with experience in education that no ex-student will continue to remain in his student accommodation two years after he has left the course. It was particularly unreasonable of the university to use this old address when it is clear that they had his parents' address on file all the time.

You would respecfully ask the court to note that as soon as the information regarding the court action did come to his knowledge at his parents address, that he responded positively and without any delay.

 

Send the letters straightaway.

The phone the court and ask them if you can go along and get copies of any documents.

 

Don't worry, as long as he attends and has good reasons, there will be no question of prison.

Link to post
Share on other sites

The university would not have known of his new address as he had no further contact with them after failing his course. They would have course have had his parents address, as that was where the original letters were sent in Jan 2010, and where the papers were served at the beginning of July.

Link to post
Share on other sites

What date is the hearing?

Link to post
Share on other sites

How did they get the address to serve the papers at the correct address?

Link to post
Share on other sites

The hearing is on 23rd August. I assume because they tried the address that he was living at when he applied to the university. Why it took them so long to do so is not certain. The original debt collection letter in 2010 was sent to this address, but the person concerned changed it when CAB were dealing with it.

Link to post
Share on other sites

OK, you have time.

 

You need to find and print out a form N244 from the court service website.

Complete it and send it special delivery to the court with a fee of £60.

Ask that the hearing scheduled for 23rd is adjourned and that the case is transferred to your local court.

 

In the grounds for the application use the points I suggested for your letter to the court.

In your letter to the Uni, tell them that you have asked for an adjournment and a transfer. Send them a copy of the N244.

Tell the court that you have notified the Uni.

 

You will have to call the court regularly to see if the appication has been read by the judge.

 

On the N244 say that you want the application dealt with by the judge - not with a hearing.

 

In bole red writing - at the top of the N244 mark it "URGENT APPLICATION"

 

If you don't hear anything form the court, you will have to attend for the hearing.

Do not decide that you won't go - simply because you have not heard anything

Link to post
Share on other sites

Well I disagree with that advice. I think that the application should have been made and it owuld have been better to have made it 2 weeks ago.

The courts can be very6 sympathetic if there have been geuine mistakes and there is genuine remorse. They aren't out to bang everyone up by any means.

However, as I have said, I would have monitored the appication closely and have been prepare to go to the court if nothing was heard.

 

I think that especially that the University has contributed to the problem by using the incorrect address, I expect that the court would have been very helpful.

 

It us up to you. You can simply decide to attend court in which case send the letters I have suggested - or else you can send the N244 now as I have suggested but monitor the progress of the application very closely, leave nothing to chance and attent court if you hear nothing.

I'm afraid that mnost solicitors are far too conservative and show very little imagination in their work.

But it up to you. You must apply your own judgment.

 

If you end up going to the court anyway - or if your application is refused, then you will have lost your £60

Link to post
Share on other sites

  • 2 months later...

Went to court hearing,and he was given a form to complete with an offer of payment which he made. Gave details of income, other debts etc, There was no hearing or anything, and court officers said it should have been transferred to a local County Court.

There has been no word back from the court yet as to when or how he has to start making the payments and it is over 6 weeks. Should he contact the court?

Link to post
Share on other sites

Hi I would say he should contact the court but remember at times the courts are overloaded with paperwork. It could also be that they have transferred this to a local court and again paperwork but check the court to keep yourself in the clear as to time.

 

dpick

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...