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    • oh well i wonder what new fake documents they have made up then...for them to try this.... just to check nothing funky like Link have filed an n244 to lift the stay and strike out her defence....she hasnt moved since last court comms has she?   is this an n24? bit unusual for a 13mts stay to just be lifted... has she not received anything from link/kearns in the last fw weeks like a docs bundle? bit like this thread... https://www.consumeractiongroup.co.uk/topic/466576-lc-assetlinkkearns-claim-form-2-mbna-cc/?do=findComment&comment=5256397  
    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Fixed penalty notice and 3 points for driving without a rear bumper


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Once again thanks for all your responses., i took the picture at the spot i was stopped by the officer , i'm sorry it is not much clearer. I think the 1 thing really sticking out is the exhaust pipe which would be sticking out even with the bumper on. Edjama i would take on your advice soon as i get home from work tonight, i'll be seeing a mot tester. All will now depend on their verdict. Kiki i was unable to investigate the bump as i was on the a13 which is a very busy carraigeway and i was nowhere near a hardshoulder even if i was daring enough to stop the car and come out. The bumper's unretrievable i'm afraid which is another big dent to my wallet. Alll the more reason why i'm hoping to fight this. Thank you all so much, i'll keep you updated with my progress.

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Personally I would contest it as the vehicle is not in a dangerous condition, the fact that the bumper is missing does not mean it is likely to cause someone harm, hitting anyone with a car will cause them harm. There was a case Gray vs CPS regading the same legislation but considered carrying passengers in a dangerous manner, that stated what would happen in an accident was not relevant:

 

The Court decided that that was insufficient to constitute the offence under this particular subsection because there would be a risk of injury to any passenger in the back of the van, indeed more of a risk to one sitting facing the front than to one lying across from the floor if there was an accident. The point of this section was not to consider danger if there was an accident because it must be recognised that there is, in such circumstances, inevitable danger to passengers. The question is whether there is a danger in the circumstances in which the vehicle was being driven at the material time.

 

The Police/CPS would have to prove that beyond all reasonable doubt that driving your vehicle in the condition it was in a normal manner was likely to cause someone harm, something I think they would be hard pushed to do.

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This is really good information, i will definitely look into the case you've mentioned. Wow thank you so much, i didn't expect this much help and advice, i really am grateful to everyone and will be keeping you updated with all progress.

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