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    • @dx100uk I appreciate your help but not the tone. At all.  I don’t know if you’ve ever known anybody that experiences mental health issues and I don’t plan on explaining all of mine here.  However I would expect some understanding and compassion that someone coming to this site for help might feel overwhelmed and struggle to deal with such a daunting situation when they have done nothing wrong.  Maybe are used to talking to people in such a way but I find it unacceptable.  I didn’t ask for a nursemaid despite that line repeating over and over again.  If not here to help people then what are they  here for? To make themselves feel superior by talking down to people?  It’s a shame to see this board reduced to this level of communication with people that are in need of help.     I am very far from someone that doesn’t self help.  Hence the questions to prepare fo next stages but like most humans have my own challenges as I’m sure we all do.
    • History You submitted a claim on 27/03/2024 at 14:23:56 Your claim was issued on 28/03/2024 A bar was put in place for Motormart Ltd. on 15/04/2024 Motormart Ltd. filed a defence on 15/04/2024 at 01:06:0 Motormart Ltd. filed an acknowledgment of service on 15/04/2024 at 01:06:07 DQ sent to Motormart Ltd. on 16/04/2024 Date of service of 11/04/2024 for Motormart Ltd. notified on 25/04/2024 at 17:39:23 DQ filed on 16/05/2024 Case Stay Lifted on 21/05/2024 General sanctions order was made on 21/05/2024   Do we know what the delay is? I have no options within MCOL
    • already 3 months, 1st of March was when the local CC apparently wrote to CC business centre. I will call them again tomorrow
    • Still no CCA compliant paperwork then.. that's good for you. Response from them regarding your defence filing is funny! we enclose the 'application' haha no agreement in sight but they will continue with court anyway! the cheek.. No chance they go near a courtroom with that paperwork as exhibits. My advice is re-read your whole thread, many questions answered in 2023 it would be good to refresh your memory regarding the paperwork. Then read a load more claimform threads over the next week, in your downtime if still traveling alot.    
    • Good afternoon Stu i thought i had posted an update but i see i forgot. Your brilliant  suggestion has worked and for now they have credited my account with the court fees. Many thanks again  
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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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    • 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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Littlewoods penalty charges


fuzzgun19
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Oh, and you can use this for the LBA, suitably adapted to reflect your own case - http://www.consumeractiongroup.co.uk/forum/showthread.php?405889-Reclaiming-Credit-Card-Charges-Preliminary-Letter-Before-Action

 

The one from the CAB site was for a trader/consumer dispute.

 

I hope that's not what you used for your Prelim Claim letter.

 

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  • 3 weeks later...

Stick to your own timescales if you are serious about court action and issue the N1 as soon as the time expires

 

Use this forum to help draft the POC and submit via post to CCMCC

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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  • 3 weeks later...

So, I've now had the "We think it's fair" letter from Littlewoods.

 

Can anyone advise of the next step, I assume It's to start a court claim, is this the right site to do it on?

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

 

Is there any guide to tell me what to do/write etc?

 

Thanks.

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Hi Fuzz,

 

You should have been preparing your claim while waiting for their reply to the LBA and, if they failed to reply with the 14 days you gave them, you should have moved on with the claim.

 

In any event, you now need to file the claim using CCMCC, Salford using Paticulars of Claim (PoC) from our Site and your updated SOC.

 

:-)

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No !! That is a commercial site by the looks of it. Use them and they'll charge you for their services, in addition to the court fees you always pay (unless you qualify for Fee Remission).

 

The HMCTS free site (identified by the gov. in the address) is here - https://www.gov.uk/make-court-claim-for-money/overview

 

:-)

  • Confused 1

We could do with some help from you

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remember, send 3 copies of the n1 form and POC to them when you do so.

 

I recommend using a tracked postage service for this.

 

Also online submission does not normally have enough space to fit the POC in for a credit card charge reclaim.

 

It is at this point now I recommend scanning in ALL associated materials to your case on computer. This includes letters sent (and postage receipts and delivery reports) and store them on your computer in an order able fashion. Reason being is if this makes it to a court hearing or bundle exchange, you have a lot of the hard work prepared as you go on computer. (AND make regular backups!!)

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PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Thank you.

 

Does anyone know how likely it is that I would have to set foot in a court. I really don't want to have to do that, and wondered if it ever gets this far with Littlewoods/shop direct?

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Hi Fuzz,

 

You should not start court action unless you are prepared to attend court if and when required.

 

If the defendant is aware that you'll do anything to avoid court (by watching our forum), they may take advantage of this and let the case go to a hearing.

 

Others may want to comment specifically about the chances of Littlewoods taking the case to court as I don't know.

 

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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