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    • OK - thank you. I understand the concept of LIP, and the need to keep my claim as simple and straightforward as possible. The legal arguments presented in what I called my skeleton statement were already in the original template I downloaded from this site. In that document I opened with "I am not proposing to set out the sequence of events." Might it be worthwhile for me to include a very brief timeline at that point, which would perhaps then allow it to become my witness statement? Or do you consider two separate documents are required? 
    • BF do you know where the instruction for skeleton has come from? Its just WX + docs. Do you think a skeleton is needed if the only issue in dispute is the legality of the exclusion terms. it seems excessive as well as wx no?   ah yes good point with LIP wx format i didnt think about the LIP judge softhand 
    • And incidentally, the really important part of this is that when you go to court, you are totally thorough and fluent not only with the facts – but with the effect of the legal points you are arguing. The facts are broadly not in dispute but the legal effect for instance of either having insurance or not having insurance. Of requiring insurance – these are the things you need to understand fully. Preparing your court bundle and eventually refining it bit by bit is terrific revision for you and will put you in control but also understanding its content fully and being fluent with its pages in the position of every point you are making is also essential.
    • Skeleton argument/witness statement – it's just a matter of terminology and we don't need to make an issue of it. Actually the three-page document that you have posted first of all and which you have called skeleton argument – is a witness statement which would be attached to the bundle which would be part of your indexed court bundle. I haven't looked at it in detail get or how it supports your claim or how it addresses any of the points made in the defence. I'll have to do that in the next two or three days. But for the moment, it looks fine. You have posted a second document which you are describing as an anonymized witness statement and as far as I can see, I agree with Cagger @jk2054 that much of your circle witness statement is a bit of a waffle and contains irrelevant information that you haven't remedied it in your final version which you say is chopped up. Also, you have received a suggestion of a template from Cagger @jk2054 and although this is going to be confusing for you, I don't think you should bother to use it. It is far too formal. You are a litigant in person and you need the flexibility of fully informing but informal documents which is what we are providing you with. We are suggesting models which we have been using over many cases and they all succeed in some them have been, complemented by the judge for the effectiveness and their clarity. You are litigant in person and one of the things you need to do is you need to have the judge on your side and helping you if necessary and this means that you don't want to start acting or talking or writing as if you are some kind of lawyer – you aren't. Being a litigant personage a certain sort of leverage and you should exploit that. The templates that we are suggesting to you are still not the templates that a completely un-advised person would use but they are still thorough. Stick to them. I suggest that you follow the advice given by the site team here and avoid confusion by switching horses. So for the moment I would suggest that you stick to your original skeleton argument – which follows the format that we have been using on this forum. We do like to see the fully prepared bundle please. I think there should be a next step. Have you got hearing date? Have you got a date for filing your bundle? In fact I have just looked back and I see that your filing date is 8 July. That's fine
    • First of all – as has already been pointed out to you, this is not a defect in the usual way that we understand and so that means that you don't need to rely on your 30 day and six months rights to reject. You can get MOT test done and it turns out to be an MOT failure for any reason then you have the added weight that they have is sold you an unroadworthy vehicle. Who did the existing MOT? I have a sense that it was big motoring world themselves in which case this would give you even greater leverage that if you have an MOT fail and it seems fairly clear that the reason for the failure is something which existed for some time that that would also cast doubt over the MOT provided by big motoring world and this would be even more serious. In any event, the vehicle is not as described and I think that this is an immediate ground for cancelling the policy and even better than that I think it would be a good ground for resisting any deduction made for mileage used – although we will have to deal with as it comes. I have read on Facebook that big motoring world tend to insist on quite a big deduction per mile and I have a sense that they do this because they know they can get away with it because they know their customers are really just happy to get rid of the vehicle any cost. You have told us you've got to a position where they seem to have agreed that you have now drawn a blank and they are being obstructive. Maybe you can lay out a bullet point chronology of exactly what has happened so far – point by point. I don't think you've told us how much you pay for the vehicle and also we want to know a list of the other expenses to which you been put including insurance et cetera and if you cancel the insurance how much you are likely to lose. How long is it not been driven? Why is it not been driven by your son? Didn't you planned for the more expensive insurance premium before you bought it? I have a sneaking suspicion that maybe you bought it and then was surprised at how expensive it was and are now finding a reason to return it. Please be completely level with us and tell us if this forms part of your reason for wanting to return it. We need to know everything – straight dealing – so we can help you in the best way possible. Otherwise we will have surprises sprung on us and we will all be embarrassed and you may lose. In fact I see that we don't know anything about the current all – make, model, mileage, or price paid which have already asked you about. Any reason that we don't have these very basic and obvious details without having to ask for them? You refer to the two new runflat tyres – why? Are these new ones which came with the car or these new ones which you had to buy and if so why did you have to buy them and how much they cost. It will be nice not to have to cross-examine your every detail. It will save a lot of time. Please have a look at this post carefully, discern the questions and address each one please.
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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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I raise a glass to..............CHRISTMAS GARDEN OF REMEMBERANCE


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So Christmas is nearly upon us once again...... A time for giving, sharing, fun, laughter and good food. But it also makes us remember people we love who are no longer here to celebrate.

 

I turn 41 on Sunday, :-( and it has always been a tradition in my family that the decorations go up on my birthday.

 

When I had my own family, the tradition continued, however my loving Mum and Dad are no longer here to join in, and putting up the decs whilst celebrating my birthday brings both joy and pain because it brings back so many memories. (My Dad loved Christmas so much he had us playing Christmas carols as a kid on my sisters birthday........... 15th Nov lol)

 

So I want to remember my Mum and Dad (and the other family members and friends whom I have loved and lost) by raising a CAG drink to them.

 

Please join in by raising a glass of your loved ones favourite tipple and feel free to add a story as to why you raise that glass.

 

Merry Christmas every one xx

 

Up2

 

Dad (02/1997) I raise a glass of port to you because you made me believe Santa preferred this to milk. I love and miss you, God bless

 

Mum, (09/2007) I raise a glass of Baileys to you because that's all you drank. :| lol, I love and miss you, God bless

 

I raise a glass of Rose wine (my tipple) to the rest of my family and friends no longer with us. I love and miss you, God bless

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MS Bobcat here

I raise a glass of milk 1 to my darling grand-daughter Alisha Marie

15/12/2005 ~ ~ 13/02/2006

miss you sweetheart, always and forever xx

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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What a lovely idea for a thread. :-)

 

Glass of Jack duly raised to my Gran and Grandad, and Nanna and Grandad. Also to my BIL's Mum, who sadly passed away in late November.

 

Bless you all.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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To my 2 big brothers who left us too young. Cheers boys. Miss you both.xxxx

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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To Caro's brothers,

 

Two glasses tipped for you xx

 

Thanks Caro for your support... xx

 

My pleasure. It's nice to remember them now even if it has brought a tear to my eye.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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thinking of each and every Angel, also remembering OH'S triplets lost at 14 weeks into pregnancy X♥X♥

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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I bought a special xmas gift for my late mother who passed away in april 2008. It's a little angel that sits in a sort of halo and it reads under the halo......every time a bell rings an angel gets their wings.

 

I will be raising a lot of glasses this exmas

My late wife who passed away on 25-1-99 due to 2nd term breast cancer she passed away just 7 days after our youngest son's 6th birthday Sue will never know how much she is missed and I still remember her every day and some days so much more than others....no one can see me reading the various cards at the shop ....searching trying to find the right card for her when I take the card to the cemetary or when I buy flowers to take....when the lady askes ...shall I wrap them and i say no they are for her grave and her birthday being 10-10-57 and her burial plot being 10-57.....why why was that I will raise a glass for the three miscarries she had too before our boys came along

I will raise a glass to her twin sister who also passed away due to breast cancer on 11-7-95 it was ME who had to give the UCU staff a time to cut her life support due to none of her family could do it.

I will raise a glass to the late husband of my late sis in law when he also passed away 16 months after she did and my late wife and i helped look after their 4 youngest children to help give their nanna a break.

I will raise a glass for the elder and younger of my sisters who also died of their cancers in in October 2003 and March 2005 and for my eldest brother who died from a massive stroke in july 2000.

I will raise a glass to the 24 year old nephew who "silly boy" got involved with drugs and died in jan 07 and then last june his elder brother Vincent died too....early 40's while in hospital waiting for his wife to come to pick him up due to he had been.....cured...the case will be starting soon.

I will raise a glass to my mum who died on 2nd of April just 20 minues after my two sons and i went to see her she was 91 and had such a hard life it was me who closed her tired little eyelids and not a nice thing for my boys to have witnessed....their nanna passing away right in front of them....we were not expecting it.

I will raise a glass to my late dad.......he died in nov 80 he came through Dunkirk but lost a leg during dispatch motor cycle riding over here while waiting for his regiment to be re-formed.

Lastly I will raise a glass to me....I survived a heart attack and will strive to be here for my son's,some family and friends and good friends in here.There are some who I will have missed here to raise a glass too but due to the way my head aches I cant remember them all.....I may be stoshed xmas day if I raised a glass to them all so I'll just have to one glass for them all....rip my lovely family xxxx

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Happy Birthday for December 15th Alisha, have a wonderful day with all the other Angels. 7 today! xxxx

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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Happy Birthday for December 15th Alisha, have a wonderful day with all the other Angels. 7 today! xxxx

 

Sadly there are 20 more little angels who have just joined your precious Alisha. Remembering her and them. :grouphug:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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yes Caro I heard it, so awful. In our thoughts and prayers xx

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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Slightly belated glass raised to my late wife, who would have turned 40 on the 7th.

 

I'm remarried now and happy, but this stuff doesn't ever go away.

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

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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100_0678-1_zps1e4be4ec.jpg

 

granddad - first christmas without you

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Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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  • 2 weeks later...

to Karina Menzies who's little girls will be getting their very last gifts from their mummy....the gifts were what she had bought as a start up for her girls before she got crushed by the hit and run driver.

I'll raise a glass to Mick B an old mate of mine who left behind a wife and their two little girls xx his wife lights a candle to Mick every single day

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  • 4 weeks later...

I've not been on CAG fo a long time and have only just seen this beautiful thread.

 

Can I raise a belated glass to my beautiful son, Mark, who passed away on 26th November.

He only got sick in August and passed suddenly that Monday evening.

I was in the hospital talking to him only an hour before he died.

Keep singing with the Angels Mark!xxxxxxxxxxxxxx

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so sorry to hear this Cassie, my thoughts and prayers are with you

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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I've not been on CAG fo a long time and have only just seen this beautiful thread.

 

Can I raise a belated glass to my beautiful son, Mark, who passed away on 26th November.

He only got sick in August and passed suddenly that Monday evening.

I was in the hospital talking to him only an hour before he died.

Keep singing with the Angels Mark!xxxxxxxxxxxxxx

 

a BIG bunch of hugs on their way from here too x

we have my late wifes 14 aniversary of her death here on the 25th Jan and it will get better Cassie but it's how long it takes that hurts x

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