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    • Well done topic title updated. Please consider making a donation if not already.   Andy
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website.  select respond to a claim and select the start AOS box..  then using the details required from the claimform . defend all leave jurisdiction unticked you might as well file our SB defence at the same time. 1 The Claimant's claim was issued on dd/mm/yyyy.  2.The date last payment made was the dd/mm/yyyy   3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.  4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.  5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.    
    • Thanks now refer back to my link first task is to acknowledge service of claim...all the instructions are provided in my link above and must be completed by Tues 25th June 16.00...also see instruction re sending a CCA and CPR request in the same link. 
    • Guys, i just got a reponse back from BP. Result.   Thank you, everyone, for your advice and help on this; case closed.
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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 
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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.
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      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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Estate Agent who backdated their signature on Sales Agreement and did ot advise on Caveat re HIP Pack 2010


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I invited a local estate agent to view my property for evaluation in early May 2010. I also invited another agent for the same purpose a week later. I invited agent (a) to revisit my home to take the listing. They backdated their signature on the Sales Agreement by nine days, without my knowledge or authorisation. My signature reflected the correct date of the Sales Agreement. The agent did not advise me that by placing my initials in a box contained within the Terms and Conditions of the HIP Pack, I was waiving my rights to the seven day "cooling off" period.

 

They said that they had me do this so that they could proceed with the HIP which was abolished six days after I had signed the Sales Agreement, leaving me liable for the cost of the HIP and their listing fees, should I change my my during that seven day period. They instructed their own conveyancing solicitors to send a questionnaire re the HIP Pack. It was dated the 18 May 2010. giving no time for me to process the paperwork and send it back to them before the HIP Packs were abolished on the 20 May, 2010.

 

Three years later, they started to pursue me for the cost of the HIP Pack. They took the matter to court. I was unaware of the action because they did not send me a copy of their Directions Questionnaire. The Judgment arrived in April 2015. There had been no demand for payment of the HIP Pack and their Listing Fees, + VAT until 2013. I have successfully had the judgment stayed. The other party did not show up in court. They have until the 31st July, 2015 to respond to the Court. After that date has elapsed, the case will be struck out.

 

They continued to list it until end 2011, when they removed it from their listings as they said that my property was too expensive, and had not negotiated a more realistic selling price. There were no negotiations during that listing period, and they had recommended the asking price! I had already reduced the price in 2010, at their request, and then relisted with them in 2011, at their suggested figure, which was £15,000 over the previous year.

 

Following the Judgment, the estate agent sent the sheriffs to me, ignoring the Court's Stay of Writ. The sheriffs advised that they would be here Stay of Writ or not. The estate agent ignored the Stay.

 

I was in a state of shock for some considerable time following the arrival of the Judgment and the sheriff's unexpected appearance.

 

None of the major relevant agencies are interested in this situation, all giving varying reasons for their lack of interest.

 

I wonder what the forum makes of this situation. I seems ludicrous to me that there is no recourse open to me, considering the amount of anguish and trouble that I have been subjected to, I should mention that I am a 74 year old lady, and feel that I have been thoroughly taken advantage of.

 

The other, obvious concern, is that as the relevant agencies are disinterested, the agent is free to continue similar practices.

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They took the matter to court. I was unaware of the action because they did not send me a copy of their Directions Questionnaire.

 

 

The Direction Questionnaire would have been way after the claim had been issued, so did you not receive the claim from the court first - this would have given you the opportunity to declare that you were intending to defend and you would have had 33 days in which to do so.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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DQ is only issued if service is acknowledged and defence submitted CB.

 

Andy

We could do with some help from you.

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No, as I have already stated, although they were "sabre rattling" in 2013, I had nothing, either from the Court other than an instruction that I must fill in a Directions Questionnaire, and that I MAY/COULD download it from their site. As is usually the case, with my age group, I would have expected the DQ to arrive in the post. It did not. Had the other side sent me a copy of their Directions Questionnaire, I would have known what the DQ was. The court's terminology is highly ambiguous, not only in the Court's title "Directions Questionnaire, but the use of the ambiguous term may/could. There is an unfair assumption that my age group is able to navigate around these highly confusing and complex sites, much less understand what the form was. I filed the paperwork from the court away, waiting for the DQ to arrive, which it did not. Had the other side done what it should, it would have jogged my memory, and I would have been able to act upon it.

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DQ is only issued if service is acknowledged and defence submitted CB.

 

Andy

 

 

Sorry, yes, I forgot that.. apologies.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi suedonym responding to your PM

 

Directions Questionnaires ...which deals with the allocation of the claim are only sent if the defendant (you) acknowledges service of the claim and the submits a defence.

If as you state you never received the claim and so unaware did nothing the claimant can request default judgment...and then execute by way of the Writ.

 

When you state you stayed the judgment do you mean the judgment or the Writ?

 

I note you have since set a side the judgment (the claimant failed to attend) and at this stage have until the 31st July to respond to the set a side...otherwise the claim will be struck out.

 

In view of that then wait until that date and see if the claim is struck out....that will be one part of your problem resolved.

 

With regards to the behavior of the Estate Agent then you could deal with that separate by registering a complaint with the following body if not already....but assuming the claim is struck out you will have suffered no financial loss...just deceit.

 

http://www.tpos.co.uk/make-complaint-sales.php

 

http://www.ombudsman-services.org/property.html

 

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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