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    • 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
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Amendment in Judgment - Hep me please !


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Got a judgement against a thug who owe me 4 grand. Unfortunately judgment registered on his trading address and on trading name. He changed his trading name along with his trading address. It is 2 years since the judgment registered but he never bothered to pay, and actually went on benefits (by hiding all of his assets / resources and transferred to his relatives names).

 

Now when I search the judgement register I do not find anything against him (on his name).

 

I want to make following changes in the judgment so that at least his name should appear in county court judgments register:

 

1. Register judgment on his name (Exclude trading name)

2. Change his address

 

How can I do it?

OR

Should I issue a new claim with correct details referring to previous judgment?

 

Any expert help or somebody went through this scenario please share your experience.

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Hi Wireless

 

Have a read here CPR 19

 

Power to make judgements binding on non-parties

19.8A

 

(1) This rule applies to any claim relating to –

(a) the estate of a deceased person;

(b) property subject to a trust; or

© the sale of any property.

(2) The court may at any time direct that notice of –

(a) the claim; or

(b) any judgment or order given in the claim,

be served on any person who is not a party but who is or may be affected by it.

 

[b(3) An application under this rule –

(a) may be made without notice; and

(b) must be supported by written evidence which includes the reasons why the person to be served should be bound by the judgment in the claim.

 

(4) Unless the court orders otherwise –

(a) a notice of a claim or of a judgment or order under this rule must be –

(i) in the form required by the practice direction;

(ii) issued by the court; and

(iii) accompanied by a form of acknowledgment of service with any necessary modifications;

(b) a notice of a claim must also be accompanied by –

(i) a copy of the claim form; and

(ii) such other statements of case, witness statements or affidavits as the court may direct; and

© a notice of a judgment or order must also be accompanied by a copy of the judgment or order.

 

(5) If a person served with notice of a claim files an acknowledgment of service of the notice within 14 days he will become a party to the claim.

(6) If a person served with notice of a claim does not acknowledge service of the notice he will be bound by any judgment given in the claim as if he were a party.

(7) If, after service of a notice of a claim on a person, the claim form is amended so as substantially to alter the relief claimed, the court may direct that a judgment shall not bind that person unless a further notice, together with a copy of the amended claim form, is served on him.

(8) Any person served with a notice of a judgment or order under this rule –

(a) shall be bound by the judgment or order as if he had been a party to the claim; but

(b) may, provided he acknowledges service –

(i) within 28 days after the notice is served on him, apply to the court to set aside or vary the judgment or order; and

(ii) take part in any proceedings relating to the judgment or order.

(9) The following rules of Part 10 (acknowledgment of service) apply –

(a) rule 10.4; and

(b) rule 10.5, subject to the modification that references to the defendant are to be read as references to the person served with the notice.

(10) A notice under this rule is issued on the date entered on the notice by the court.

 

CPR will allow for any slight errors to be amended within a given time frame.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Got a judgement against a thug who owe me 4 grand. Unfortunately judgment registered on his trading address and on trading name. He changed his trading name along with his trading address. It is 2 years since the judgment registered but he never bothered to pay, and actually went on benefits (by hiding all of his assets / resources and transferred to his relatives names).

 

Now when I search the judgement register I do not find anything against him (on his name).

 

I want to make following changes in the judgment so that at least his name should appear in county court judgments register:

 

1. Register judgment on his name (Exclude trading name)

2. Change his address

 

How can I do it?

OR

Should I issue a new claim with correct details referring to previous judgment?

 

Any expert help or somebody went through this scenario please share your experience.

 

 

 

 

The claim should have been issued against "Mr Joe Bloggs T/A Joe Bloggs Builders" etc at his address.

 

As it stands you have a judgment against nobody. You cannot simply change the name.

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Hi Wireless

 

Have a read here CPR 19

 

Power to make judgements binding on non-parties

19.8A

 

(1) This rule applies to any claim relating to –

(a) the estate of a deceased person;

(b) property subject to a trust; or

© the sale of any property.

(2) The court may at any time direct that notice of –

(a) the claim; or

(b) any judgment or order given in the claim,

be served on any person who is not a party but who is or may be affected by it.

 

[b(3) An application under this rule –

(a) may be made without notice; and

(b) must be supported by written evidence which includes the reasons why the person to be served should be bound by the judgment in the claim.

 

(4) Unless the court orders otherwise –

(a) a notice of a claim or of a judgment or order under this rule must be –

(i) in the form required by the practice direction;

(ii) issued by the court; and

(iii) accompanied by a form of acknowledgment of service with any necessary modifications;

(b) a notice of a claim must also be accompanied by –

(i) a copy of the claim form; and

(ii) such other statements of case, witness statements or affidavits as the court may direct; and

© a notice of a judgment or order must also be accompanied by a copy of the judgment or order.

 

(5) If a person served with notice of a claim files an acknowledgment of service of the notice within 14 days he will become a party to the claim.

(6) If a person served with notice of a claim does not acknowledge service of the notice he will be bound by any judgment given in the claim as if he were a party.

(7) If, after service of a notice of a claim on a person, the claim form is amended so as substantially to alter the relief claimed, the court may direct that a judgment shall not bind that person unless a further notice, together with a copy of the amended claim form, is served on him.

(8) Any person served with a notice of a judgment or order under this rule –

(a) shall be bound by the judgment or order as if he had been a party to the claim; but

(b) may, provided he acknowledges service –

(i) within 28 days after the notice is served on him, apply to the court to set aside or vary the judgment or order; and

(ii) take part in any proceedings relating to the judgment or order.

(9) The following rules of Part 10 (acknowledgment of service) apply –

(a) rule 10.4; and

(b) rule 10.5, subject to the modification that references to the defendant are to be read as references to the person served with the notice.

(10) A notice under this rule is issued on the date entered on the notice by the court.

 

CPR will allow for any slight errors to be amended within a given time frame.

 

Regards

 

Andy

 

Thank you for your very detailed reply.

 

Since it is more than 2 years passed since the judgment issued, it will be difficult to request for amendment. Can I re-issue claim? what are the chances of being getting another judgment based on previous one but on correct name and address? Can I do that?

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You will have to start again from a fresh considering the time that has lapsed.Use the format as per Ganymedes post.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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