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    • and it will be also now written off under age related criteria anyway.
    • Thanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe consequences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points? I've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
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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.

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      Many thanks 
      • 81 replies
    • 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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Carter / Lowell claimform old Lloyds OD 'debt'*** Claim Struck Out***


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Here you are ..one WS in support of your defence...edit or add if not correct ...post if unsure.

 

That should spoil Brian's weekend.:madgrin:

 

 

 

Regards

 

Andy

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great WS

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Andy

 

Ye, looks good to me, I just updated Name, Case Num ect.

 

I will look more in to the different sections of the law that you have quoted so I have a better understand of there use.

 

Once again, thanks for all you help with this.

 

Regards

 

Potman

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Hope your pleased... took me 3 hours to draft that:madgrin:

 

I have laid it out in simple terms..... not much legalese as its important you understand its contents in layman terms.

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

 

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Yes, that's what I needed, it all ok for a WS quoting different sections of the law, but if a question is put by the claimant

of more legality for a layman such as me it's difficult to be able to argue the technicalities.

 

The way you have drafted the WS, gives me a chance to study the sections quoted and understand them and this

at least gives me a fighting chance.

 

Is there anything that comes to mind, that you think BC might put as an argument to the request for validation ?

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BC has said that they have served the Assignment Letter to me, and I say that I have not received it, looking at the Law Of property act, it states

that in order to prove the assignment has been completed the letter would need to sent via recorded delivery or a proof of posting should be made avaliable.

 

"Section 196 LPA 1925 refers to “registered letter”. The postal service “registered post” no longer exists. Instead, a notice should now be sent either as first class post with a certificate of posting (available through Royal Mail) or by recorded delivery; under the Recorded Delivery Act 1962 any notice which is deemed served by registered post will also be deemed served if sent by recorded delivery."

 

Would BC have had to provide the evidence, i.e the recorded delivery slip / proof of posting in their evidence ?

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BC has said that they have served the Assignment Letter to me, and I say that I have not received it, looking at the Law Of property act, it states

that in order to prove the assignment has been completed the letter would need to sent via recorded delivery or a proof of posting should be made avaliable.

 

"Section 196 LPA 1925 refers to “registered letter”. The postal service “registered post” no longer exists. Instead, a notice should now be sent either as first class post with a certificate of posting (available through Royal Mail) or by recorded delivery; under the Recorded Delivery Act 1962 any notice which is deemed served by registered post will also be deemed served if sent by recorded delivery."

 

Would BC have had to provide the evidence, i.e the recorded delivery slip / proof of posting in their evidence ?

 

Disregard that...they dont send them registered or recorded or at all.... I have covered the assignment sufficiently within the statement

We could do with some help from you.

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Most important that you now finalise it and serve it on the claimant and court ...don't miss your deadline stated within the Notice of Allocation.

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

 

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I have spoke to the court this morning and explained to them that I only received BC's WS on the 2nd, as the file is held at my local court I have said I will deliver the courts

copy by hand and post it in their letter box, which I have been assured it will be added to the file.

 

I was going to send BC copy via recorded delivery this afternoon, as the case is on the 17th of this month its gonna be a day late only 13 days before the case rather than 14,

but will explain the lateness is due to BC waiting till the last day before the deadline to provide any WS.

 

Just hope the court accept this.

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  • 3 weeks later...

Yo Andy

 

Just wanted to say thank you for your help with this,

 

 

I was in court last week and

 

 

the judge struck the case out on the grounds they had failed to satisfy CCA by not providing the Agreement they referred to in there summons details.

 

The Judge also commented on how well constructed my Witness Statement was, which is all down to you.

 

So that's about £300 plus quid, plus what they paid for the debt down the drain for Lowell :smile:

 

Once again thanks for all your help.

 

Regards

 

Potman

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Excellent news Potman ...delighted for you.

 

Thread title amended to reflect the result.

 

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

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