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Welcome to the National Consumer Service Buying any goods or any services??? A used car? - Paying by cash or bank transfer??? - BIG Fail!Share the love – Tell a friend about the Consumer Action Group - your National Consumer ServiceAre you buying a used car...? Protect yourself – read our used car guideESSENTIAL:: Read our Customer Services Guide!!!Twitter - Why you should open a Twitter account ESSENTIAL:: Read our Customer Services Guide!!!Have we helped you today...? Please help the CAG Had a car accident? Been offered a courtesy car?Follow @Real_CAG Parcel Delivery Insurance is Unlawful - The TimesWhy don't you change your profile picture?? Problem with utilities company or phone/broadband? Begin by sending a statutory request for your personal data. It’s free Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.× Financial Legal Issues Complete My Profile Dismiss Next Step: Profile Photo (Profile Photo and Cover Photo) Your profile is 0% complete! Twitter X - Include the @company's twitter name in your post title – here's why… The UK Stands With Ukraine - 'Slava Ukraini' Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do Rate this topic By citizenB March 4, 2014 in Financial Legal Issues style="text-align: center;"> Thread Locked because no one has posted on it for the last 3638 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 citizenB Posted March 4, 2014 #1 The questionnaires below provide important information which will allow us to help you. In order to use them, you will have to copy them into your own post and then give us the answers – preferably in red below each question. You can start by overwriting the prompt: "Give answer here" below each question – and your responses should automatically appear in red Thank you +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ You have received a claim form. firstly - read all the posts in this thread FIRST... then copy this first msg to your thread - and put your answer after each question In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] Which Court have you received the claim from ? Name County Court MCOL Northampton N1 ? Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS) Name of the Claimant ? Give answer here How many defendant's joint or self ? Give answer here Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) if your defence filing date falls on a W/End, you must file by friday @4PM Particulars of Claim What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here What is the total value of the claim? Give answer here Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here When did you enter into the original agreement before or after April 2007 ? Give answer here Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Give answer here Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Did you receive a Default Notice from the original creditor? Give answer here Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Give answer here Why did you cease payments? Give answer here What was the date of your last payment? Give answer here Was there a dispute with the original creditor that remains unresolved? Give answer here Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here What you need to do now. Answer the questions above If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts) Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts Request 1 - Loans/Credit Cards Request 2 - Current Accounts You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason. If you require CPR Part 18 - this will need to be drafted specifically. If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted. You have received a Claim - What you need to do.pdf1.33 MB · 242 downloads Before Printing the PDF TIP If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following: Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out). Note: This will save you Ink & Paper Bookmark Report 3 weeks later... AndyOrch Posted March 20, 2014 #2 Once you receive a Court Summons N1 As a defendant in a small claims case it is important that you act quickly and do not ignore the claim form when it arrives. Remember, the claim will proceed anyway even if you don’t respond. If the claim goes against you, it will be very difficult to make a counter claim as you didn’t respond to the initial small claim. You may be unaware that you are the defendant in a small claims case that a Creditor has bought against you. When the small claims form arrives follow these initial steps: 1: Read the Form Carefully The detail about the claim that is being bought against you will be in the ‘particulars of claim’ section. If this section isn't completed, or has the words ‘particulars of claim to follow’ take no action now and wait until you are sent details of the claim against you. You may want to consult a lawyer at this stage. 2: Respond in Time It’s vitally important that you respond to the claim for you have been sent. Remember that there is a 19 day (5 +14) time limit on this to acknowledge the claim.You must submit before the 19 days are up, so post your response with plenty of time.If your intention is to defend the claim in full you get a further 14 days to submit your response ...so 33 days in total. 3: Talk to the Claimant Just because a small claim has been bought against you and a claim form issued, this doesn’t mean you are not allowed to contact the claimant directly. In fact the court encourages you to try and settle the claim without the need for a court appearance. So, try and resolve your dispute directly with the claimant if you can. Not Responding to a Small Claim If you ignore the small claims form when it arrives this can have an adverse impact on your financial status. The court will continue with the small claims lawsuit that is being bought against you even in your absence as this is a legal requirement. When the small claim is processed you will be sent a bill showing the amount you owe and any additional costs. The small claims against you is a legal process that will be recorded on the Register of Judgements, Orders and Fines. This information is used to check your credit, so could have a negative impact when you next apply for any credit. To avoid damaging your credit rating reply to your small claims docket as soon as you can. How to Respond to Your Small Claims Form When you received your form from the court you will also have been sent a response pack. In this pack you will see the option that are open to you. These include: • A dispute claim form. You can use this form if you do not agree that you are liable for the small claim being bought against you and wish to submit a Defence. • Details about how to pay the amount being claimed from you. • Details about how to admit to part of the small claim against you, and how you can ask the claimant for more time to pay. There are Two Types of Small Claims: Fixed Amounts: If the claim against you is for a fixed amount of money your response pack will contain three forms. Form N9 (acknowledgement of Service), form N9A (admission form) and N9B (defence and counterclaim form). Unspecified Amounts: If the amount being claimed is unspecified you will be sent forms N9 and N9C (admission form) and N9D (defence and counterclaim form). It is vital that you read the accompanying explanatory notes before choosing which form to send back. Paying the Small Claim If you want to make full payment of the amount being claimed against you this amount will be shown on the claim for you have been sent, and will also have details about where to send the money. Don’t forget, this must be done within the 14 day time limit or your case will proceed to the next stage. In some instances you would like to pay, but need more time, you can give details about the delay you would like on form N9A, which should be in your response pack. It’s also a good idea to read leaflet EX309: The Defendant Admits by claim as this gives more details on this aspect of your case when fixed amounts of money are involved. Leaflet EX308 gives details of cases when unspecified amounts are being claimed against you. Also please read forms EX326 and EX160A How to Defend a Claim Against You Disputed claims are handled by filling in the appropriate form from your response pack. You have three choices: Form N9, N9B or N9D. Read the note accompanying each form carefully to ensure you completely correctly. Pay special attention to the allegations raised on the form. If you don’t respond to each the court will assume you are admitting guilt. Edited April 10, 2014 by stu007 Updated PDF added 1 Bookmark Report 2 months later... citizenB Posted June 5, 2014 #3 PLEASE NOTE - WARNING Once you have received your claim form - the Court timetable comes into force. Not that of the creditor or claimant. If you have requested information with them after the claim has been issued - or have entered into discussion with them and they say something like "We will put this on hold for a period of time". You cannot and must not ignore the timetable from the court. This thread should serve as an example http://www.consumeractiongroup.co.uk/forum/showthread.php?416202&p=4547677#post4547677 The OP in the case above was in communication with the CAG Vodafone rep. A claim was issued during this time. The Rep in good faith said he would ask the Claimant to put things on hold.... they did not.. the OP ignored advice from caggers to continue with the court timetable and did not submit a defence. The claimaint obtained a Judgment by default. Edited June 5, 2014 by citizenB Bookmark Report 3 yr AndyOrch changed the title to You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do style="text-align: center;"> Thread Locked because no one has posted on it for the last 3638 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 This topic is now closed to further replies. 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By honeybee13 · Posted
ITV News have got hold of an email and recording of a phone call between Vennells and Ron Warmington of Second Sight. People in the know are saying it's smoking gun everyone's been looking for. I love that this has come out the day before she appears at the inquiry. This should be interesting under oath. Paula Vennells' 'smoking gun' email reveals Post Office 'cover-up' | ITV News WWW.ITV.COM ITV News has acquired an email and recording of a phone call that suggests the former Post Office boss was aware of issues with the Horizon system... -
By BankFodder · Posted
I think you may as well take the opportunity in your letter to tell them that if they won't take responsibility for it then you will see quotations for the repair, provide copies of the quotations to them and then proceed with your own repair and recover the money back from them in the courts if necessary. Separately, can I ask you whether this is the car that you then bought unseen and at some distance from you? Has it come with an MOT and if so what date was the MOT and who gave it the MOT? Have you read our used car guide -
One set through the whole bundle.
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If you are buying a used car – you need to read this survival guide.
BankFodder posted a topic in Vehicle retailers and manufacturers,
If you are buying a used car – you need to read this survival guide.-
- 1 reply
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
ATJ posted a topic in Vehicle retailers and manufacturers,
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
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A2Dominion - Housing Association property flooding - damning ombudsman report
WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,
Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299-
- 161 replies
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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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