Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • abjb
      247 Money - refused payment holiday & payment plan

      By abjb · Posted

      Thank you all for the responses, to answers a few questions  - she has had the car since Jan 23 on a 5 year term.  - She is unsure what the agreement is called, but at the end she has the option to make a payment to "buy" the car - she recieves benefits for her young children alongside the ssp (normally she would be on NLW for a 16 hr a week job)  - Yes she would like to keep the car  She has not responded to the last email from them asking her to call and it'll be followed up in an email. I told her to hold off until atleast Wednesday so I can read a few posts on here and get some more information.  I will ensure she follows up with a letter, that has not been signed but instead her name written.   Thank you  
    • T911
      G24 anpr PCN - Double Dipping - Wigan Robin Retail Park

      By T911 · Posted

      Thanks @lookinforinfo I'll use that. @FTMDave Yep im going to do just that and calmly enjoy the process that follows.    Whats the deal with the quote thing? Is it causing an issue for the site or just an annoyance.
    • abjb
      Backing out of mutual house swap

      By abjb · Posted

      Hello, *posting on behalf of my friend, I'll provide as much info as possible*  During a pretty low point my friend moved into a social housing property, it was in a area with no family/friend connections so she started to look for a mutual exchange. She found one, signed the paper work and thought everything was okay.  She has now decided she does not want to go through with the mutual exchange. Is she legally allowed to pull out after signing the paperwork or does she have to commit to the move? Thank you,
    • MANUKI12742
      Advise on debt I currently hold

      By MANUKI12742 · Posted

      Thats perfect as long as they go to my new address its all good. thanks again for the help
    • dx100uk
      Advise on debt I currently hold

      By dx100uk · Posted

      if the debts have not been sold on but only passed to the dca's to chase, then i doubt you'll ever get a letter of claim till it is sold on. OC's dont do court because of bad publicity .  if you've updated the address, then everything goes there from whomever. dx

  • Recommended Topics

  • Our picks

    • 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
      BankFodder

      Picked By

      BankFodder,

    • 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
      BankFodder

      Picked By

      BankFodder,

    • 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
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • 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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

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.

Claim Form DLC/Hillies old-MBNA credit card *** Settled by Tomlin Order***

Alloyz1

By Alloyz1
in MBNA

 Share
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

Recommended Posts

  • Replies 301
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Guest

Guest

Posted
Posted (edited)

claimant stated that they will not oppose set aside (unless they now change their mind!)? so, forthcoming hearing is to confirm the set aside and then re your strike out app'n which they will oppose? if no strike out, then should continue as norm? unless J decides things otherwise?

each parties WS can be addressed.

check with andy :)

Edited by Ford
Link to post
Share on other sites
Alloyz1

Alloyz1

Posted
  • Author
Posted (edited)

Hi

 

Just a few questions after a little thought and discussuon:

 

The Notice of hearing of Application states "The hearing of the defendants application for judgement to be set aside will take place at......." No mention of my strike out application. Is that an important omission?

 

Would this hearing possibly continue on to consider the claimants original claim, or would that be a seperate hearing, as currently we have not filled out the DQ and I have not seen any additional evidence from the claimant except the agreement, T&C and DN so would be hard pressed to respond without being able to consider their evidence?

 

If the claimant is not opposing the set aside, could the DJ go against that and let summary judgement stand?

 

Many thanks

 

A

Edited by Alloyz1
Link to post
Share on other sites
Ganymede

Ganymede

Posted
Posted

No it's not an important omission and nothing to worry about as long as your application asks for a strike out.

 

The judge will probably give directions for filing DQs etc at the hearing if he doesn't strike out the Claimant's claim.

 

There's no way to predict what will happen so best be as prepared as possible.

Link to post
Share on other sites
Alloyz1

Alloyz1

Posted
  • Author
Posted

Appreciate that Ganymede, I think I have everything in order but would appreciate someone having a look at my WS to make sure there is no obvious errors.

 

I have submitted my WS as evidence to support my application to set aside and strike out, but we have not got to the DQ or disclosure stage yet in the original claim, so presume I could alter it as it has not been submitted in response to the original claim?

Link to post
Share on other sites
Ganymede

Ganymede

Posted
Posted
Appreciate that Ganymede, I think I have everything in order but would appreciate someone having a look at my WS to make sure there is no obvious errors.

 

I have submitted my WS as evidence to support my application to set aside and strike out, but we have not got to the DQ or disclosure stage yet in the original claim, so presume I could alter it as it has not been submitted in response to the original claim?

 

 

 

Sorry when is your application being heard?

Link to post
Share on other sites
Ganymede

Ganymede

Posted
Posted

Ok so you have a few weeks.

 

You can't really amend the WS served with the application but as a LiP you could just play dumb and serve a new WS on the Claimant and the Court as soon as possible if that's what you want to do.

Link to post
Share on other sites
AndyOrch

AndyOrch

Posted
Posted

Responding to your PM Alloyz.

 

I see Gany has clarified your queries.

 

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

Link to post
Share on other sites
Guest

Guest

Posted
Posted (edited)

alloyz

have a look for eg at cpr rule 3.4 and associated practice direction 3a, which is the basis of your SO application. if they negate that ie show 'reasonable grounds' for bringing their claim, then J wouldn't ordinarily strike out their claim?

Edited by Ford
Link to post
Share on other sites
Alloyz1

Alloyz1

Posted
  • Author
Posted

Hi ford

 

The set aside is the main part of the application, if I got strike out as well that would be a bonus! I will submit my WS proves they have no case.

 

I don't expect to get SO to be honest, but you never know and at least it makes the claimant work for it!

 

A

Link to post
Share on other sites
AndyOrch

AndyOrch

Posted
Posted

" I will submit my WS proves they have no case."

 

Your WS should prove that you have a defence not that they have no case...they obviously have a case they have an agreement.

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

Link to post
Share on other sites
AndyOrch

AndyOrch

Posted
Posted

The word Court conjures up visions of wigs/gowns and witness boxes....think of it more of a room with chairs and tables.

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

Link to post
Share on other sites
Alloyz1

Alloyz1

Posted
  • Author
Posted

Hi

 

Set aside and strike out hearing next week.

 

I submitted my WS to support my application to SA and SO.

 

The claimant has now produced a fully compliant set of T&C which addresses every aspect of my WS....... This set has never been produced in 4 years of dispute.....

 

My WS was based around the T&C they had previously produced? They have confirmed twice a different set were in place, until they recieved my WS and now these?

 

Further the OC has confirmed a totally different set were in place...

 

Any advice?

Link to post
Share on other sites
AndyOrch

AndyOrch

Posted
Posted

Was this document disclosed at Standard Disclosure N265? pre judgment...have they permission to introduce it as evidence?

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

Link to post
Share on other sites
Alloyz1

Alloyz1

Posted
  • Author
Posted

We have not reached Standard Disclosure as yet.

 

They went for SJ and attained it. I did not recieve any application or supporting evidence at that stage, just a DO stating SJ.

 

I filed application to SA and SO and supported this with my WS.

 

Only after I filed this has this new compliant set of T&C been included

Link to post
Share on other sites
AndyOrch

AndyOrch

Posted
Posted

Mmmmm I see .....as I have stated earlier in your thread Alloyz defences based on T&C or Default Notices are a gamble and weak...It may have been wise to accept their offer of settlement when they broached it.

 

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

Link to post
Share on other sites
Alloyz1

Alloyz1

Posted
  • Author
Posted

I sent a letter OC with the T&C claimant is relying on (or was relying on) asking if these were in force at the time of signing.

 

They have replied with 'no' and supplied the set in force at the time of signing (the OC set have never been provided by the claimant! and is not the claimants first or new set!)

 

I may need to change a few things with my defence I think

Link to post
Share on other sites
Alloyz1

Alloyz1

Posted
  • Author
Posted

Apologies, the above post is a bit of a panicked ramble...

 

I have this morning emailed the claimant a copy of the letter I have from the OC confirming which T&C were in force at the time the agreement was signed. The letter included the T&C the OC refers to.

 

The letter therefore confirms none of the T&C the claimant relies on are the correct ones.

 

Further, the T&C stated by the OC as the ones in force at the time I signed the agreement are not compliant with CCA74.

 

Lets see what I get back.... Very interresting Monday morning ;)

 

A

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...