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    • Sunak actually nailed it in his boring speech yesterday  Starmers only offering is vote to be depressed  Just about sums up lefties  Humourless and Depresive🤣
    • Ah ok I will see if we receive it in the post tomorrow before I go to work. We want to see theirs so we know what documents they will list ? If their N265 is not received then best to send ours so that we do not miss the claimants deadline as per their draft directions.  What would happen if we did miss the deadline even by 1 day ? The claimant would use it against us in court ?  I scanned and posted in #159 the claimants continuation sheet attached to the N244 where they give a background of the case and reference e-mails etc. After this I will continue to work on the WS which is also causing me anxiety. This will also be used to object to their SJ application. I will advise tomorrow if anything else is received.  
    • Last September our 2019 plate Motorhome went to Brownhills of Newark for its annual habitation check/service. Whilst on there site for the day one of their drivers managed to drive it into a lamp post and put a 2m long scratch down the side of the body. They didn't own up to the damage, but luckily we noticed it before leaving the site, at which point the admitted fault and said they would fix it in house rather than go through the insurance. As they are an authorised Motor home repairer etc we agreed to this and a time frame of 3 weeks was given for the repair, which was booked in for late November. It could not be booked in sooner for the repair as we had a weekends away etc booked with the vehicle until mid November.  3 weeks, and a simple re-spray has now evolved to 18 weeks of them having the vehicle, due to the spray job having to be done 3 times, a window seal not been re-fitted correctly, leading to rain water pouring into the van and the replacement decals been applied wrong twice & having to be re-ordered from Elddis who originally built the camper. We finally got the vehicle back in late April, still minus 1 of the decals.   Back in March we had an email from Brownhills asking what compensation we would accept due to the delays in returning the vehicle to us (They have had it for 18 weeks instead of the initial 3 weeks which was agreed). Once we finally got the vehicle back we told them what we expected (Basically the value that the camper has depreciated by in the extra 15 weeks they have had it and which time we were unable to use it). They are now refusing to honour any compensation and are only offering us a free service for when this is due in September.   Legally where do we stand?  Obviously we are not taking it back to them for a service, given that last time they managed to crash it and its taken so long for them to make such a simple repair. We are considering legal action, but are not really sure under what grounds/legislation we could claim. Any advice would be much appreciated.
    • Usual alarmist tripe from the Guardian exposed🤣     Many of the ‘Climate Experts’ Surveyed by the Guardian in Recent Propaganda Blitz Turn Out to be Emotionally-Unstable Hysterics – The Daily Sceptic DAILYSCEPTIC.ORG Last week, the Guardian published a survey of 383 'climate experts' and – shock – many of them turned out to be... The Guardian last week published its survey of ‘climate experts’. The results are a predictable mush of fire-and-brimstone predictions and emotional incontinence. This stunt may have convinced those already aligned to the newspaper’s ideological agenda to redouble their characteristically shrill rhetoric, but encouraging scientists to speculate and emote about the future of the planet looks like an act of political desperation, not scientific communication.
    • Thanks all. Just by way of an update, I've emailed the supplemental WS to both the court and UKPC on Sunday evening.   Had the following autoreply from UKPC, so not sure if anyone would look at it before Thu, is it worth calling them to see if they have received it? Dear Sir/Madam, Thank you for your email. Please be advised that we aim to respond within 28 days. Please note that we cannot accept appeals against parking charges via this inbox and the opportunity to appeal this parking charge has expired. Many Thanks, Litigation Team UK Parking Control Ltd  
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    • If you are buying a used car – you need to read this survival guide.
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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.  

      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.

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      Many thanks 
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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.
      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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Only C...you dont serve it.... see post # 774

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Already answered ...Post #777

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1st part states 'I cannot pay the amount ordered and I wish to apply for, suspension of the warrant (box 1) and/ or a reduction in the instalment order (box 2). Neither box is ticked. At the end of the form the offer of payment is £4.00 a month which to me feels outrageous. I'm still shaking..

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1st part states 'I cannot pay the amount ordered and I wish to apply for, suspension of the warrant (box 1) and/ or a reductioeam on heren in the instalment order (box 2). Neither box is ticked. At the end of the form the offer of payment is £4.00 a month which to me feels outrageous. I'm still shaking..

 

His true colours CD. He will have to prove why he can't afford the amount you expect to be paid by installments. Looks like he will have to produce an I&E.

 

I found this doc an N246A http://wbus.westlaw.co.uk/forms/pdf/cpf02077.pdf you will need to check with the team if this is what you need to do. The Court are always on the end of the phone to guide you on the process, get things moving tomorrow.

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His true colours CD. He will have to prove why he can't afford the amount you expect to be paid by installments. Looks like he will have to produce an I&E.

 

I found this doc an N246A http://wbus.westlaw.co.uk/forms/pdf/cpf02077.pdf you will need to check with the team if this is what you need to do. The Court are always on the end of the phone to guide you on the process, get things moving tomorrow.

 

This is correct determindator...you have 16 days to return the form with your response /objections/proposals......go to section 3 if you do not accept the offer.

 

Regards

 

Andy

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He has offered what appears to be the smallest amount per month he can get away with and it really is an insult. In order to make an informed decision, how could I obtain in advance of the hearing date an itemised statement of how he has worked out his I&E..

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Is the N246A form the same form to respond either to vary an order or to do with a warrant ?

 

Yes...both

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Enclosed with the application is details of his income and outgoings. How can I question this is a true record and not just made up ?

 

Does it show the mortgage is being paid?

 

Ring the court and tell them you intend to reply with form N264A and should you complete an N316 as you are not satisfied by the defendant's I&E. Mention you have not been guided by the court as to the time limit you have to respond to the defendants claim and ask what the protocol is in these matters.

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Does it show the mortgage is being paid?

 

Ring the court and tell them you intend to reply with form N264A and should you complete an N316 as you are not satisfied by the defendan'ts I&E. Mention you have not been guided by the court as to the time limit you have to respond to the defendants claim and ask what the protocol is in these matters.

 

Thank you your reply, It is all very vague, I can't be expected to know all these things and my health has suffered and in my opinion, the court should at least give me a clue and options..

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Thank you your reply, It is all very vague, I can't be expected to know all these things and my health has suffered and in my opinion, the court should at least give me a clue and options..

 

It isn't the courts responsibility to guide you (unprompted).

If you ask about time limits they should answer, but if you don't ask there is no obligation on the court to advise you.

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It isn't the courts responsibility to guide you (unprompted).

If you ask about time limits they should answer, but if you don't ask there is no obligation on the court to advise you.

 

Are you saying that if you ask a specific question, they should and must answer ?

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Are you saying that if you ask a specific question, they should and must answer ?

 

Not if you are asking generic advice : they have no obligation to advise. That is what you could pay a solicitor for, or seek advice from a legal advice centre or free legal service.

If you ask a specific question such as "is there a time limit" then yes, they should answer.

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