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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.  

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      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.

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    • 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.
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      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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Northampton CC Claim form received - can someone help please?


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Only you would know if that is the account number flinko.

 

Regards

 

Andy

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  • 3 weeks later...

Hi flinko

 

You will have to submit a defence and on time otherwise judgment by default will apply.What was your thinking with regards to a N244 application?

 

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You cant make application for none disclosure you must defend then steer the Court to strike out for none compliance (even more so in Small Claims) They must disclose anyway further into the process otherwise their claim will fail.

 

Andy

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A defence simply admits or refutes the P.o.C but there has to be a dispute..reason... triable issue as to why you have defended.The none disclosure will be dealt with later in the process..as stated above there will come a point were the Claimant must disclose to verify its claim.

If the debt is simply not yours...then state that fact.If the debt is yours but you do not agree with the amount or you have reasons to mitigate their pleadings then state that and without sight of documentation to verify the amount claimed you are unable to plead effectively.

This is regarded as an holding Defence (holding the claim).

 

Regards

 

Andy

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Then submit an holding defence but draft it in a way that does not scream " this is a defence because of none disclosure " state that you are unsure of the debt and have requested information via a CPR request dated xxxxxx the claimant has refused to respond or clarify the claim and you are unable to plead with any particularity.There are plenty of examples of holding defences littered around the forum.

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" Am I correct in thinking I have 5 days + 14 days + 14 days from the issue date to submit a defence? (5 days service, 14 days AoS, 14 days to submit claim)

 

The issue date on the claim form was 5th November so should have until Saturday 8th December to submit? "

 

Correct

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  • 1 month later...

I gave you a pointer in post#21 flinko....not to make application. Now you have some serious explaining to do at that hearing.

 

Either the assignor or the assignee can issue the NoA...and yes most DJs will accept a screen print as conformation a DN was issued.

 

Andy

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Creditors are not required to keep copies of Default Notices...just on screen verification.With regards to the NoA they can simply run a further copy of this at any point of the proceedings.Your only option now is to inform the Court you wish to vacate the hearing after you have agreed it with the claimant.The Claimant has or should not have incurred any costs for the hearing so its just you that lose out.

 

Taking into account what I have stated above it now appears that your defence has no merit so It may be prudent to try to discuss a settlement plan also whilst you agree the vacation.

 

Regards

 

Andy

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