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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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Erudio claimform - old SLC loans - stayed - now N244 **WON SJ refused**


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Thread moved to Financial Legal Issues forum in view of the court claim.

 

Please read the following link and then copy and paste the Q,s and your responses back here for further advice on how to proceed.

 

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-claim-what-you-need-to-do-updated-jan-2019/

 

Regards

 

Andy

 

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  • AndyOrch changed the title to Erudio - Sent me my slc CCA - now Court Claim

" Received the county court claim in the post today. "

 

:???:  Claim form is the N1 

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Just complete the link I posted for now and lets have all the details before you do anything

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Friday 5th July...before 4.00pm.

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  • 1 month later...

28 days plus 5 for service =33

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  • 6 months later...

COR ?   CPR ....does not show stayed on the MCOL dashboard status.....just defence received.

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  • 9 months later...

Lets hope the judge decides that it requires a hearing.....you need to start preparing your response statement in objection to their application irrespective.It must be submitted not less than 7 days (Hearing /no Hearing)

 

Andy

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You would assume that this type of application should require a hearing to determine but we live in strange times at the moment...given that you have not received anything further yet from the court clarifying if a hearing is to be held... I would draft something now and file and serve a copy just in case.

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Yes...hence the term " File and Serve " your statement is made pursuant to CPR 24.5

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24#24.5

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Their witness statement states at point 9 ....

 

Quote

Due to none payment or deferment by the defendant ..a default notice was issued 13th Oct 2016

 

And at 10.....

 

Quote

The Agreement was terminated 11th Nov 2016 and the ability to defer was no longer permitted along with the right to cancellation of the loan/s after 25 years.

 

The claim was issued 3rd June 2019.

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Quote

I continued to send the original deferment forms which they repeatedly refused. They have stated in these letters I was deferred up until 2014.

 


Who refused ? and what date ?

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Yes if you wish to challenge their application...if you dont it will get rubber stamped.

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The default notice uploaded at post# 125...the date has been covered but their WS states 13th Oct 2016 which allowed a period of 28 days to pay IE 8th Nov 2016....not the statuary 14 days.

 

Your statement states the Default Notice was issued 13th Oct 2019 ?

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Thanks DX......excellent an undated Notice of Default....totally invalid ...game over.

 

Your statement should start off as the following when responding to this type of application ....

 

1. I ******, being the Defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application (dated) to lift the stay and Strike Out/Summary Judgment pursuant to CPR 24.5 (1) a&b in view of my defence submitted to the claim dated xxxxxx. .The claimant confirms that this claim issued through Northampton CCBC on (Date)and left stayed since (date).


2.The claimants witness statement opening paragraph confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act and also be in attendance at hearing to give evidence in support of the claimants witness statement

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Quote

Thanks DX100uk and thanks Andy, unfortunately the DN upload missed the top of the page when i scanned it, the one from erudio application to the courts shows 13 oct 2016, is this the one you are referring to as my posts are different to yours? presuming this is the one you are referring to from my post 123 on wednesday 12.44

 

:sad: dam

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87 Need for default notice.

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

 

(a)to terminate the agreement, or

(b)to demand earlier payment of any sum, or

(c)to recover possession of any goods or land, or

(d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e)to enforce any security.

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Make the changes as advised in my post # 153 and then we can tweak it further if needs be.

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Possibly......anyway yes that's okay up to point 4 :-D  I will be tweaking thereon 

 

Just an important note about the DN and a DCA issuing it......in this instance the debt was only deferred so the original creditor had never issued a DN . Its very rare this happens and to some extent what DX states is true ...its very rare a DCA can or would be able to issue a DN as 99.9% of debts are already terminated by the OC at assignment. 

 

.

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I suppose we still dont have a date or anything further from the court as to when this will be determined ?

 

I wont be able to draft your statement until Monday at the earliest.

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We could do with some help from you.

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Nothing else to come.....there is no bundle in this type of application....but yes please upload the latest Court Order for reference.

 

Andy

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  • 2 months later...
Quote

Hearing is in a couple days and still not had a trial bundle through from erudio. i know they included documents with their app to lift stay prior to hearing dates set, but surely they should also be following the protocol outlined by the courts?

 

As said earlier in previous posts...you dont get anything further in this type of application hearing......Its a strike out summary judgment you have had all their evidence with their application.

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Quote

Hearing is in a couple days............ Submitting this evening or tomorrow morning.

 

Your statement in response must be submitted not less than 7 days pre hearing.

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Ah remote hearing...then that may be correct...don't forget to file a copy on the Claimants Sol also.

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On 11/12/2020 at 10:55, Andyorch said:

Nothing else to come.....there is no bundle in this type of application....but yes please upload the latest Court Order for reference.

 

Andy

 

On 23/02/2021 at 03:35, patterns said:

hi guys was waiting to see if anything else came but this is the final documents so far

 

Should i add anything?

 

 

Posts #174 and #175

 

 

I was looking for your last court order but it appears Bankfodder removed it  yesterday  ?

 

Can you please upload another copy ?

 

 

.

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