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    • You could try this and include a copy to the SRA who are being particularly tolerant to this bunch of jackapes. This also shows that you are not to be messed with and are capable of stirring up trouble for them when they step out of line. Dear DCBL, I am in receipt of your letter of 18th April 2024 regarding CPR1.1 After studying the whole section I cannot see anywhere that I am required to furnish you  with my mail address or my phone number. Perhaps you would be kind enough to provide me with a reference to it. I suspect that your subterfuge is designed to allow you to bombard uninformed litigants with last minute information on the day of their Court case which appears to occur at times with your company. I notice that you are asking for proportionality at the same time as you are demanding  an unlawful £160 when you are aware that under PoFA the maximum that can be demanded  is only £100. You will note  that I have included the Solicitor's Regulation Authority into our conversation in order to ensure your reply. And your old excuse of "admin. error" is surely wearing a bit thin even with the SRA. so I look forward to an apology for your error and a declaration that you will desist from trying to hoodwink other motorists in future.  
    • OK. Thanks, all. Should I renew the season ticket as it going to be expired.
    • There is no human name. The whole letter is:   'Thank you for responding to our enquiry letter. Your comments will be taken into consideration when reviewing whis case and we will contact you as soon as we have reached a decision. TfL now consider prosecution against passengers who are in breach of all TfL byelaw offences and I must inform you that further legal action may be taken. TfL byelaws can be found at ... Please do not hesitate to contact me if I can assist you further.''   Yours Sincerely  Investigator/Prosecutor Compliance Policing and On-Street Services
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      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.

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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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Coast claim for Possession - old Welcome secured loan - Disc'd once - now another N24/N11R - help ***Resolved***


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Just so I don't need to read back through this long thread - can you explain why they are taking you to court - is it for arrears on the loan?   are you able to make monthly payments to clear the arrears?    I can help you with a defence for court but need to know what it's all about.

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  • 2 weeks later...

Is it an N11M Defence  form you are filling in ?

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Hi, what do you propose to offer to repay the arrears?  in order to avoid repossession you will have to tell the court that you will maintain the normal monthly payments plus an amount towards the arrears each month.   This is done is a statement to go with Q27 of the N11M form which we can help you with, but you need to tell us what you are proposing to pay.

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Are you making payments on the first mortgage?   is it only this Coast loan that is not being paid ?

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 Your N11M defence form should be at court at least 7 days before the date of the hearing.

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  • 2 months later...

If they have been calling your neighbours then that is completely out of order !!    You should be making a formal complaint - would your neighbours give a statement of what calls they received and the questions asked?  Who are the "While you were out cards" from?

If they want income and expenditure make sure you use our budget sheet, not theirs.  If you can't find it let me know and I'll send you one.

 

Also write and ask them for a breakdown of the solicitors fees - who are they using ?  silks?    Probably their in-house "legal" department  at virtually no cost.

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Did you send your SAR request by recorded mail ?

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  • dx100uk changed the title to Coast claim for Possession - old Welcome secured loan - Disc'd once - now another N24/N11R - help
  • 4 months later...

Hi, can you please confirm if you have received a date for the hearing and what, if any,  paperwork has been sent from the court.  N11M is the correct form for defence of residential mortgaged property.

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OK,  thanks for the info.  So I don't have to read all through this thread can you please answer the following:

 

How much are the arrears?

When did you last make a payment?

Are you able to offer any payment at all ?

 

While I understand that the issue of charges and fees is important that can be dealt with once we have secured the roof over your head as that is by far the priority.

 

To be perfectly honest, unless you can come to an agreement with Coast in the next few days then you are going to have to attend the possession hearing - we can help you with the defence to send in, provided we have something to defend with i.e. a payment arrangement.     I know you say you can't face a court hearing but if you don't attend the judge will have no option but to grant possession in your absence - which means eviction.  We would then be in a position whereby we need to defend eviction action.     

 

By the way, possession hearings are conducted in a room around a table with the judge and the two parties concerned - it's not a court room with a jury like on TV - it's a totally different scenario and the judge will always try to make you feel comfortable.

 

You say a solicitor has been dealing with this - how much have you been paying them? 

 

 

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If it's not the lawyer's area of expertise then there could be a lot they are unaware of.  What terms are they going to try and negotiate ?

 

Is it still a possibility that family may be able to help ?

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Do you still have the letter offering £3.5k settlement?

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