Jump to content


  • Tweets

  • Posts

    • You should start putting everything in writing. Even the ombudsman, to begin a serious complaint by telephone is quite frankly crazy. I hope you have taken a copy of at least the advertisement that you have posted above.  I don't suppose that you kept a copy of the original AutoTrader advertisement.  How much in writing have you got of anything? I would suggest also that you telephone the ombudsman tomorrow and ask them for details of the complaint that they have received from you and tell them that you want it in writing.  You will be amazed how scant The records of which are kept by these people. Read our customer services guide and at least actually give you some idea of how you should deal with customer service people or any call handlers on the telephone.  It is very important that you get a written summary of the report which you made to the ombudsman so that you can see exactly what they are investigating. The complaint to the ombudsman should have been very carefully considered over a period of time rather than simply made in a phone call
    • Funnily enough the ad is still available online Range Rover 4.4 SDV8 Autobiography LWB Previously Sold | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire but the autotrader version isn't which was probably slightly different potentially with more information. Reported to FOS over the phone but essentially gave them the same information I've stated here, updating them that I'm paying for a car I haven't had for nearly a month now etc I'll certainly come back with an update. Fingers crossed they will realise it's not worth taking to court. So the inspection among other things found a hairline crack across a load bearing section of the chasis which at the minute to the naked eye looks tiny but could turn out to be catastrophic and has had some filler chucked on top of it but we'll see what Clinkards inspection comes back with. Distance wise I believe they're around 165-170 miles away from me. Also I'm sure many people will have PCP agreements as it's the most common way to buy cars under 5 years old but they just forgotten the terminology or name for it. Pay deposit, choose a length then pay the difference between value today and guaranteed future value at the end of that agreed term   Whole experience has scarred me and moving forward I'd be tempted to pay for a pre purchase inspection myself because these guys are bigggg traders with a lot of top end cars. I just hope they don't make any more silly offers
    • Strange final response. They say that they are still investigating but they are giving you their final response anyway. Seems like a load of nonsense. Have you got a copy of what you then sent to the ombudsman? Anyway, for the moment although would like to know – it really is all for curiosity because as you have put it into the hands of the ombudsman it's probably not worth doing anything more until you have a reply. I would suggest that when you decide to spend this kind of money in future on a used car, that you understand exactly what your rights are before you make the purchase. When you buy anything – and maybe especially used car you should realise that you aren't only paying for the car, you are also paying for a bundle of consumer obligations which are intended to bind the dealer. You are paying for a vehicle which is of satisfactory quality and remains that way for a reasonable period of time and you are paying for any defects which emerge to be addressed and repaired at the expense of the dealer. We've already pointed out that by purchasing the warranty, they have effectively persuaded you to pay for something for which you have already paid. Very decent of you not to want to cause trouble in respect of defects which manifested themselves within the first few weeks. I have no idea why. For £78,000…. This you say that they were age-related problems – that is still no reason why those defects should have been there or why the dealer should not have been responsible for them. It seems to me that you have a clear case against the dealer/the finance company. We don't have many or any PCP purchases on this forum. However, it seems to me that the finance company is probably responsible for the condition of the vehicle because effectively you have bought it from them and to that extent it should be the same as HP. With a hire purchase agreement, it is as if you bought the vehicle directly from the finance company not from the dealer and it is the finance company which bears all the consumer obligations. I think the only thing you can do is to monitor the situation. Update us when you hear from the financial ombudsman and if you need to take the matter to court then we will help you. In principle it should be straightforward – but certainly there is a risk of a serious bill for costs if you lose. I don't see you losing. Did you say somewhere that the report suggested that the vehicle was unroadworthy? Have you got the advertisement for the vehicle? Does it make claims for the vehicle which are clearly untrue? And by the way, four hours away from you is what kind of distance? Have you read our used car guide? Have you looked at the video?
    • there's one in this thread.. i wonder if its the same, they seem to be identical regardless each time we have a thread with one Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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

Bryan Carter/Lowell/Shop Direct court claim***Claim Discontinued***


linzi2011
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3731 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

Hello all Im not new but still a newbie lol,

 

 

I have had a court claim sent from Bryan carter to which I tried to sort it out myself without posting....big mistake :sad:.

 

 

I sent a CPR18 but by looking though some other posts it seems I have sent the wrong thing. :|

 

I have had a reply for the CPR 18 from Bryan carter which I have attached a scanned copy to this post.

 

 

Please can someone help, I don't like owing money and this account was originally for £200 which I had offered to pay shop direct but they refused,

didn't do this in writing though(another mistake I expect)

 

 

I had tried to keep up the payments but once the 1st lot of charges went on,

which I think was late payment charge of £25 + account in arrears charge another £25

and by then the next monthly payment I just couldn't afford it.

 

I asked the catalogue then if they could help by at least dropping 1 of the charges which they said wasn't possible

so now I owe £725.60!

 

 

I know I never did send back the signed credit agreement and at the time my husband who is self employed had no work

and was on JSA and we had 3 young kids. T

 

 

his was about 4 and a half years ago and have spoken to the DCA's

and bryan carter about paying the original £200 but they wouldn't accept my offer.

 

I have done the acknowledgment of service online and have until the 19th of December.

I don't know if anyone will be able to help, after having to unplug my landline because of 10+ calls a day

if I can I don't want to have to pay bryan carter a penny.

 

Sorry for the long post I hope someone can help me.

Edited by Andyorch
Paragraphs added
Link to post
Share on other sites

  • Replies 60
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Linzi

 

You need to convert your upload to PDF...Jpg is far too small to decipher.

 

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

Thanks for replying so quickly. Sorry, I went into this without asking someone for help first, so I have no idea what the POC is? If it's what is written on the court forms these are:

 

This claim is for 444.79 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods.

This debt was assigned to/purchased by Lowell Portfolio I LTD on 30/06/2009 and noticed served pursuant to the law of property act 1925

 

Particulars

Re:Shop Direct

A/C No ********

and the claimant claims 444.79

The claimant also claims interest pursuant to S69 County Court Act 1984 from 30/06/2009 to date at 8% per annum amounting to 155.81

 

 

I have no idea what the charges are for they have added £155.81 for their interest plus the £55 court fee and £70 solicitor's costs. I have no statements because its been nearly 4 and a half years so I have no clue and no evidence. From what they said in their letter it seems they want me to provide all the evidence for the case they have started against me?? surely it should be the other way around? Like I said, I went into this blind and think It is now going to be too late to fight it :-(

Edited by Andyorch
Points hi lighted for CPR 31.14 ref
Link to post
Share on other sites

Well they wont have a clue either...that's why you must defend all and make them work/accountable for the claim.

 

 

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

Thanks andyorch, but what do I do now? I have no clue what to do, from their letter is seems like I haven't got a leg to stand on. I am also running out of time I only have until the 19th of December to do something. I don't even know what I need to by the 19th lol, is it file a defence? :| I did look through lots of posts to see if I could do it without having to bother anyone, but I am still completely stumped.

Link to post
Share on other sites

Thanks for replying so quickly. Sorry, I went into this without asking someone for help first, so I have no idea what the POC is? If it's what is written on the court forms these are:

 

This claim is for 444.79 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods.

This debt was assigned to/purchased by Lowell Portfolio I LTD on 30/06/2009 and noticed served pursuant to the law of property act 1925

 

Particulars

Re:Shop Direct

A/C No ********

and the claimant claims 444.79

The claimant also claims interest pursuant to S69 County Court Act 1984 from 30/06/2009 to date at 8% per annum amounting to 155.81

 

 

I have no idea what the charges are for they have added £155.81 for their interest plus the £55 court fee and £70 solicitor's costs. I have no statements because its been nearly 4 and a half years so I have no clue and no evidence. From what they said in their letter it seems they want me to provide all the evidence for the case they have started against me?? surely it should be the other way around? Like I said i went into this blind and think It is now going to be too late to fight it :-(

 

Don't apologise, shows weakness... Lol

 

Whats the date of the claim linzi?

 

Don't worry about the counter at the mo, you could file separately against the oc for any charges at a later date.

Link to post
Share on other sites

Thanks mike, I will not say sorry again lol I just feel stupid because if I asked someone from the start then I would have had more time to sort it out and I have to keep asking about everything because I thought I could do this by myself, which is proving to be a mistake :oops:

Is the date of claim the issue date? that is the 15th November 2013.

Link to post
Share on other sites

I make it the 17th Dec for Defence...linzi its a bit late now but above in the Particulars I have hi lighted in red what you should be requesting within your defence and challenging them on.

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

I haven't had any arrangements to pay with Lowell or carter,

 

 

When it was with shop direct I was paying my monthly payments but had 1 month where I had money problems

so ended up with the month owed plus charges and the next months payment due,

 

 

I phoned them and asked them if I could pay the 2 months owed if they dropped the charges

but they said no so that's where the debt started and I am ashamed to say I have just buried my head in the sand and ignored the debt :oops:

 

 

Im sure they have only sent this to court now because there isn't long until its been 6 yrs,

If I knew the original amount I owed minus any of the charges I would have agreed to pay that

but Lowell and Bryan Carter have said they wouldn't have accepted it anyway.

Link to post
Share on other sites

Yes should have been the CPR 31.14 ...but don't berate yourself he wouldn't have responded anyway but offered an extra 14 days extension and still not respond.

 

 

Simply submit a defence by the 17/12 and put the claimant to strict proof with regards the points I have hi lighted. If you are unsure nudge your thread a few days before.

 

 

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

Like I said in my first post...I sent them a CPR 18 and wasted time and £6 for special delivery when it was the wrong thing to do. Arghhhh

 

Don't worry, its a tiny claim in the big scheme of things.

 

You have another week to consider your defence... I'd suggest one of Andy's putting it to proof.

 

In the meantime SAR shop direct and start the process of reclaiming all charges

Link to post
Share on other sites

Thanks again andyorch, so when do I submit my defence?

 

 

do I leave it until 16th/17th? and what happens when I submit it?

 

 

do they have a chance to ignore my defence?

 

 

and who then decides if they need to provide this evidence?

 

 

If I sent the CPR 31.14 would that now be too late if I sent it tomorrow morning?

Link to post
Share on other sites

Thanks mike, I didn't realise you could still do that? I thought when the bank charges case went to court it stopped you being able to claim charges on anything, so was that just the banks?

Link to post
Share on other sites

Oh and I wouldn't have a clue where to start with my defence so any help when the time comes would be really appreciated. Thank you both for all your help with this, I was getting in a panic, why did they have to do this right before xmas :sad:

Link to post
Share on other sites

Thanks mike, I didn't realise you could still do that? I thought when the bank charges case went to court it stopped you being able to claim charges on anything, so was that just the banks?

 

Claims for charges are always fair game, I wouldn't say the oft case was entirely lost v the banks it just made it more difficult for an individual to satisfy cause.

 

Running credit for mail order and credit cards were not considered in the judgment so they would still (if pressed) be required to show true quantum of loss to avoid being regarded as penury.

Link to post
Share on other sites

Oh and I wouldn't have a clue where to start with my defence so any help when the time comes would be really appreciated. Thank you both for all your help with this, I was getting in a panic, why did they have to do this right before xmas :sad:

 

Give Andy a nudge during the week, I'm sure he'll post you something suitable. If he's not about bump your thread and I'll find you something. Posting on my phone tonight and haven't worked out copy/paste yet :-/

 

I must admit, I file cases at crimbo too in the expectation that offices will be closed and the toerags have less time to create a substantive defence.

Link to post
Share on other sites

Ok thanks mike, I will start that off tomorrow im sure that will end up being a long drawn out process lol Do you know when I should submit my defence and if its too late to send a CPR 31.14? Im off to bed now sorry if I dont reply until tomorrow

 

thanks for all your help

Link to post
Share on other sites

Ok thanks mike, I will start that off tomorrow im sure that will end up being a long drawn out process lol Do you know when I should submit my defence and if its too late to send a CPR 31.14? Im off to bed now sorry if I dont reply until tomorrow

 

thanks for all your help

 

Never too late to request disclosure so send it as soon as you can.

 

I'd be ready to file defence the day before its due just in case your (or its) server bombs out at the last min. I make it the 18th, total of 33 days from issue so have it ready on Tuesday 17th latest. See pd 7e 7.1 & 7.2 for assumed filing times

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07/pd_part07e#7.1

 

Shop direct don't like sar's so be prepared to sue it in the future for non compliance (I did)

Edited by Mike_hawk
Link to post
Share on other sites

  • 2 weeks later...

Hi I did send the CPR 31.14 to Bryan Carter and had this attached reply yesterday. I have to do my defence tomorrow so I was wondering if anyone can tell me what I need to write in my defence please. I have no idea where to even start.

Thanks

[ATTACH=CONFIG]48250[/ATTACH]

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...