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    • Similar to what you've said here, just get drafting up based on what's already been sent. The mentions of the CRA2015 will be key. post your draft up here and we can help tweak.
    • Yes, well done. If you have a look at post 9 of dbuk2000's thread there are links to other cases featured on the Parking Prankster's site  https://www.consumeractiongroup.co.uk/topic/466177-ukpc-2x-windscreen-pncs-claimform-forgot-permit-appealed-res-parking-my-own-space-east-croft-house-86-northolt-road-south-harrow-ha2-0es-claim-dismissed/#comments Also have a read of dbuk2000's Witness Statement.  
    • PDF's now merged above... Plus extra redaction!
    • T911, Nick, thanks, I got there in the end! Without boring you with the details, it is precisely the most ridiculous cases that end up being lost - because the Cagger knows the other party's case is rubbish so doesn't do the necessary work on their own case. G24 are well aware of double dipping.  They have either done it deliberately or else have cameras which can't handle multiple visits to the car park which G24 happily leave malfunctioning so the £££££ keep rolling in. Sadly most people aren't like you.  I've just read various reviews for the Retail Park on TripAdvisor and Parkopedia.  Virtually all of them are complaining about these unfair charges for daring to spend time & money shopping in a shopping centre.  Yet no-one is refusing to pay.  They moan but think they have been fined and cough up. G24 are unlikely to do court, but it's not impossible with two tickets. Try to get evidence that you were elsewhere at these times. Often retail parks will intervene, but I've Googled & Googled and cannot find an e-mail address for the place.  Could the manager of one of your favourite shops give you a contact e-mail address for the company that run the retail park? Right at the moment I'm supposed to be teaching someone who runs two shops at the local shopping centre, but I'm not as he has had to go to a meeting with the company that runs the shopping centre, so I know for a fact that these business relationships exist!!!
    • Afternoon DX, The files were in date order. How would I put them into an acceptable format? I'm not that pc literate.  
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    • 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

Hoist/? Claimform - Santander Loan 'debt'***Claim Discontinued***


louie08
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Defence due Friday 10th July by 4.00pm.

 

Andy

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If you have acknowledged service using MCOL then yes you can submit your defence the same.......

 

Take a look here for examples of successful defences and how to draft a defence...try to find a similar thread and if possible same claimant and particulars.

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

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I have tweaked your point 1 & 2 and removed your point 5 as it was repetitive louie08

 

Regards

 

Andy

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No remove the PoC that's just for cross reference when checking....may as well submit it now.

 

Regards

 

Andy

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  • 2 months later...

It means its stayed (parked/paused) louie....and will remain that way until/if the claimant wishes to proceed.

 

Regards

 

Andy

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They had 28 days to respond to your defence....otherwise the claim is automatically stayed......they can make application in the future to lift the stay...so please retain all the paperwork safe for any future developments.

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  • 9 months later...

Basically it means they have created template versions to fit their claim...in hope that it will frighten you into withdrawing your defence and the threat that they will seek judgment.

 

Not quite that simple...they have to make application to lift the stay...if they wish to ask the court to strike out your defence and request summary judgment then then need to provide the original documents..not reconstituted versions...

 

Oh and they will have to pay further fees to proceed...so ignore them and see if they do wish to make application to proceed.

 

Regards

 

Andy

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Ah I see..... I was responding to following you you just stated....

 

" I have just received a letter from howard cohen referring to my defence from last year and enclosing documentation of the agreement, transaction summary & a default notice template (nothing with my personal details on) "

 

If the agreement has your signature on then they are good to proceed and request Summary Judgment...so in that instance it may be wise to negotiate with them.

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  • 2 years later...

Directions questionnaire N180

 

Yes to mediation

Yes to small claims track

State your local county court

1 witness yourself

 

The rest is self explanatory...run 3 copies...file with the court by the date stated and serve a copy on the claimants sols....retain 1 for your file.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

 

Andy

  • Like 1

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Already advised you what you need to do in my last post.....their application has been allowed and the claim is proceeding.If you dont complete and submit the DQ by the date stated your defence will be struck out and you will have a CCJ.

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  • 1 month later...

Hold on with any ideas of settlement for now...you can settle up until trial date or even at the trial.......go through mediation for now then we will move on to the next stage...as mediation will not happen anyway.

Andy

  • Thanks 1

We could do with some help from you.

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Their application is simply to substitute claimants and lift the stay and request that Directions Q,s be sent out for the claim to proceed.

 

Andy

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No they have made an application to lift the stay included in their notice of substitue cliamants...they have not requested a hearing...but thats for the court to decide.

 

If the court grant it and lift the stay without hearing you will recieve a DQ...lets worry about mediation if and when you recieve a Notice of Proposed Allocation.

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So go through the process and use it to your advantage.....have you got all the nessassary documtation that legally allows them to litigate on the agreement ?

Are there any unfair penalties and interest that you can use to mitigate the balance.....without knowing all the details of your claim I cant go into specifics.

 

You dont have to agree or accept anything and I doubt the claimants wont be offering anything.If you can agree a mutually benefitial agreed amount then you can end the process here.....but if you dont ask you dont get....and nothing lost if they wont mediate...claim proceeds.

 

 

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Yor not justifying your defence tomorrow...its not a trial by phone.....mediation is about narrowing any differences and trying to reach an amicable agreement without the claim proceeding any further in attempt to save time and costs on courts.

We could do with some help from you.

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  • AndyOrch changed the title to Hoist/? Claimform - Santander Loan 'debt'***Claim Discontinued***

Well done Louie...thread title updated.

 

Regards

 

Andy

We could do with some help from you.

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