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    • Thank-you @BankFodder, your statement is a correct understanding of my position and I agree, it is actually really what I was looking for in starting this thread, as I too believed that the maximum I could claim for is that which I sold it for, even though this was substantially below market value at the time. And so, this sold value is what I shall be claiming for + the other expenses. @dx100uk I get your point, but this is just not what I want to expose myself to. Unfortunately I was one of the unlucky ones to have my details stolen in the Peoples Energy hack, and in 2020 I discovered that those details had been used to take out car insurance, and that the insured was then involved in a collision and my details were dragged through the mud. Despite Aviva cancelling the claim and treating as though it never were, even though I have the letters from them to say that they have removed this claim from the insurance database, I still get refused insurance and credit products to this day until I send across the letter from Aviva which explains that I was a victim of fraud. So you'll forgive me for not jumping up and uploading my data to a server utility for which I have no control over its retention policy, or where the server is located globally, its legal jurisdiction, or its security protocols.
    • Speeding (Revised 2017) – Sentencing (sentencingcouncil.org.uk)  
    • upload sites dont retain copies and so what if they do... what do you think they are going to do, kidnap your grannies budgie or something..how the hell would any of the info required by us be of any use to them..... stop being paranoid and put them all in one mass multipage pdf.  
    • https://audicam.audi.co.uk/customer/6660055/00cc584e9769699ddba3807a2995032f/59022-13062024 Please let me know if you can access footage 
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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 
      • 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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A little help and an update


matmondez
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  • 4 weeks later...

Well after ringing my local court in Hull for the last 3 weeks every other day just about i was told that northhampton had lost my paperwork. Great!! Anyways it has now been resolved and my court date is March the 14th.

 

This has been quite a journey which i now feel is comming to an end (thank god)

 

I personally think the MCOL route is the easier option but not the best, i would strongly sugest gettin a N1 form and delivering it to your local court in person. Less chance of loss of data in transit from Northampton to wherever also your local court would prefer this route. Not to mention your not restricted in chars to what you an put in your P.O.C. in a N1.

 

I believe you can even download N1 in a pdf format to fill in.

 

I know i might be a minority but why take a risk when you don`t have to.

 

 

 

Anyways been away a while, Hi Garry!! remember me, and Hi Martin howz it going?

 

 

Are SCM submitting there defence 14 days b4 Court Date?

 

 

 

 

Thanks in Advance

 

A bit deflated but never gone!

 

Matt

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Hi again Matt,

 

Have you got directions? If so, post them up and someone'll tell you exactly what to submit. In fact, its probably best if you posted the complete wording of the order.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thx for reply Garry,

 

Will post directions on here 2morow.

 

Are Lloyds bothering to send their bundle these days or is just random whether they do or not.

I read a thread on here the other day that a girl actually went to court only to find out that they settled the night before, how stressed was she.

I think if the courts knowing that statistically the chance of the banks sols turning up is very very small that some action should be taken.

Courts are busy at the best of times and the banks are having a blatent disregard for this.

 

Time will tell eh Garry.

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Have a read below ppl let m know your thoughts, to me this sounds like if they don`t get the paperwork done within timescale and sent good chance i will win by default. Altho i guess someone is gunna say this is a standard letter from local court and SCM can submitt their paperwork last min.

 

Thoughts quick im a bit excited....

 

 

DEPUTY DISTRICT JUDGE JOE BLOGGS has considered the statements of case allocation questionaires filed and allocated the clam to the small claims track.

The hearin of the clam will take place at 11:30 on the 14 March 2007 at Ground Floor, blar blar address. and should take no loner than 1hr 30 mins.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Each party shall deliver to every other party and to the court office copies of all documents (including any experts report) on which he intends to rely on at the hearing no later than 14 days before the hearing.

 

The original documents shall be brought to the hearing, a copy of the defence.

Defendant shall file 14 days prior to the above hearing all documents relatig to the calculation and qualification of charges and interest debited from the claimants accoun in relation to the claimants purported breaches of contract.

 

All parties and other witnesses to file their statements with the Court and serve on the other side 14 days before the hearing. Failure to comply with this will result in the parties not being permitted to use the evidance without leave of the court.

 

**Other matters are listed at the same time as this case. The start time may be delayed, however every effortwill be made to adhere to the appointed time **

 

Date 29 Jan 2007

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Hi Matt

Our case was due in Hull on Tues 30th Jan.

SCM rang on Firday 26th Jan to say they were going to settle in full.

If you ask me the staff at SCM are as P***** off with Lloyds as we are.

They told me they can't offer to settle any of the claims until they get the ok from Lloyds.

However, the chap also said that providing customers had not claimed for charges that are not refundable all cases are settled in the end.

I know this is all very stressful but it's well worth it when you "WIN".

Good luck

Pam

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Hi Matt

Ignore last post , pressed wrong key!

No Lloyds didn't send any docs to us or the court.

As I see it if they haven't got any evidence how can they send it?

Don't worry you will get your money but probably not until the day you are due in court.

Chin up

Pam

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With regards to your evidence, you need everything from the Basic Court Bundle from the templates library, all correspondence between you and Lloyds, your statements or account information provided under your S.A.R - (Subject Access Request), a schedule, a transcript of the interview with Peter McNamara BBC radio -Sept 2004- sound file & transc, and edit this ‘statement of evidence’ to suit your claim and add it to your bundle too - New strategy for Allocation Questionaires

 

It is a lot of paper, but you do need 3 copies of everything. File one at the court, serve one to Lloyds sols and keep one for yourself (this should include the originals).

 

Upon the deadline for document exchange, if they haven't either settled (fairly likely) or submitted documents (very unlikely), then see this thread - SC&M court bundle non-compliance

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Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 3 weeks later...

CONGRATULATIONS!!!

 

Great job Matt, very well done!!!!!!!!!!!!!!:lol::D

 

I'll get your title changed for you.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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eh up martin

 

im drunk right now, all i can say really is the sleepless nights pay.

What a feeling mate, it relly is something i will remember.

 

your journey has an end mate. wont be to long....Still watchin ur thread.

 

Best of luck Martin

 

Garry thx a bunch

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