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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.

      Please can you advise what I need to do today to get this done. 
       

      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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Lowell CCJ claim form X 2*** Both Discontinued ***


kalahari
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The fact that no reference has been made to the breach and Default Notice is not a show stopper or argument at this stage.

 

The 8 % interest is only a request to the court if their claim is successful ......at this stage its not included in the debt amount.

We could do with some help from you.

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You have answered your own question...if that is all that is referred to that is all you can.

We could do with some help from you.

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Got my DQs for first claim today, what do I need to do now? They havent complied with my CPR request and the account should be in dispute. As soon as they do comply and show me account statements I'll have charges to claim back to fuel the dispute.

 

What do I put in the DQ? Is mediation any use as the account will be in dispute or should I use their non comliance with CPR as my way out?

 

Little bit out of my depth now.

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A1 Yes

 

B Self explanatory

 

C Yes

 

D 1.State your local county court

2.No

3 yourself

 

E Ignore

 

http://hmctsformfinder.justice.gov.u...s/n180-eng.pdf

 

Copy to your Local CC and serve a copy on the claimant.

 

Regards

 

Andy

We could do with some help from you.

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  • 2 months later...

Settlement and narrowing of the differences?

We could do with some help from you.

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Uncle Bryan has sent me a letter offering possible reduced amount if I agree to a monthly payment for the second claim. It says on the letter if they do not hear from me in seven days regarding this offer they will apply to have my defence set aside. They have still not complied with my CPR request. I'm thinking I should reply along the lines of this.

 

Dear Uncle Bryan,

 

As you have failed to supply me the requested documents in my CPR request dated XXX I am unable to either confirm or deny the amount of debt or even if the debt is mine to pay. Should this debt prove to be the one I believe it to be then I will be reclaiming the penalty charges unlawfully charged on the account placing it in dispute, as such continuing with your court action is both a waste of the courts time and possibly harrasment of myself. I will not be offering a monthly amount for a debt that you have failed to prove to me is mine.

 

Thank you for the offer,

 

Kalahari.

 

Obviously this is just a rough draft of what I'm thinking so any suggestions welcome.

 

Thank you.

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I personally wouldn't respond...but your call.

 

Andy

We could do with some help from you.

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It states on the letter 'if we do not hear from you we will apply to the court to strike out your defense at hearing' so I'm assuming I have to tell them either yes or no.

 

They may apply to strike out your defence if you don't answer but beyond that you're not compelled to respond so if you're happy that your defence would survive a strike out application then don't worry. If you're not happy about that you may want to seriously consider settling the claim anyway!

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Can you settle the claim kalahari ?

We could do with some help from you.

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No, I'm struggling to pay any bills at the moment so I cannot pay anything. I'd like to know what I'm paying as well. If there are charges etc I'd like to claim them back towards the balance. I'm resends the SAR and CCA requests out this week.

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Then you need to allow the process to continue and take their threat of SO as just that a threat in forcing you to make a payment offer/arrangement.If they were going to make application to SO they could of just done it anyway without making writing to you.

 

If you wish to argue the unfair charges then perhaps mediation would be an opportunity to use it as leverage in agreeing a monthly repayment plan?

 

Regards

 

Andy

We could do with some help from you.

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  • 1 month later...

Quick update: Less than a week till court and they have not sent any documents. I cannot send my defense as they have refused to send me documents at all times. They also refused mediation.

 

Ive started a new job and will find it difficult to attend court, can I submit a revised defense by post stating I'm unable to defend my case due to claimant none compliance with court directions and failing to show me any documentation.

 

It seems to me they are using the court system to scare people into paying debts out of panic and put little effort into actually winning defended cases, surely this is something I can complain to the FOS about?

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So they didn't make application to strike out your defence as threatened in November ? Is this the trial date next week?

 

Why submit a revised defence (not that you could with less than a week to trial) if nothing has been disclosed and they have failed to do standard disclosure then you should be asking for their claim to be struck out.

 

Regards

 

Andy

We could do with some help from you.

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Who is Lowells solicitor in this?

 

Have a guess Brig:roll:

 

I thought I could not ask for it to be struck out? Should I be writing to the court to inform them I cannot defend myself due to their none compliance.

 

 

You can if they have failed to comply with a Court Direction...as the court requested they send the relevant documentation to you?

We could do with some help from you.

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Well I should have guessed not enough time this morning, delaying tactics imo.

As Andy they have failed to comply with an order go for them hard.

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You can if they have failed to comply with a Court Direction...as the court requested they send the relevant documentation to you?

 

Theres no specific court request but I thought the docs they are basing the claim on would have to be produced 14 days before the court date.

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Theres no specific court request but I thought the docs they are basing the claim on would have to be produced 14 days before the court date.

 

 

Only if the court has requested it within your Notice of Allocation ? or by separate General Order ?

We could do with some help from you.

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