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    • My case is adjourned to this Month. I'm about to send out my Supplementary Witness Statement. Could someone please check if the following is efficient? My court cost is now over £1000 as it was adjourned 3 times  Thanks!   Supplementary Witness Statement to address the new case exhibits introduced at the hearing on 10 November 2020   VCS v Ward  1.       This case is often quoted by the claimant as assisting their case. However in this instance it actually assists mine. It is contended that the act of stopping a vehicle does not amount to parking. This predatory operation pays no regard to the byelaws at all. It is likely that this Claimant may try to rely upon two 'trophy case' wins, namely VCS v Crutchley and/or VCS v Ward, neither of which were at an Airport location. Both involve flawed reasoning and the Courts were wrongly steered by this Claimant's representative; there are worrying errors in law within those cases, such as an irrelevant reliance upon the completely different Supreme Court case. These are certainly not the persuasive decisions that this Claimant may suggest.  Semark-Jullien Case  2.       Whilst it is known that another case that was struck out on the same basis was appealed to Salisbury Court (the Semark-Jullien case), the parking industry did not get any finding one way or the other about the illegality of adding the same costs twice. The Appeal Judge merely pointed out that he felt that insufficient information was known about the Semark-Jullien facts of the case (the Defendant had not engaged with the process and no evidence was in play, unlike in the Crosby case) and so the Judge listed it for a hearing and felt that case (alone) should not have been summarily struck out due to a lack of any facts and evidence.  3.       The Judge at Salisbury correctly identified as an aside, that costs were not added in the Beavis case. That is because this had already been addressed in ParkingEye's earlier claim, the pre-Beavis High Court (endorsed by the Court of Appeal) case ParkingEye v Somerfield  a. (ref para 419): https://www.bailii.org/ew/cases/EWHC/QB/2011/4023.html  ''It seems to me that, in the present case, it would be difficult for ParkingEye to justify, as against any motorist, a claim for payment of the enhanced sum of £135 if the motorist took the point that the additional £60 over and above the original figure of £75 constituted a penalty. It might be possible for ParkingEye to show that the additional administrative costs involved were substantial, though I very much doubt whether they would be able to justify this very large increase on that basis. On the face of it, it seems to me that the predominant contractual function of this additional payment must have been to deter the motorist from breaking his contractual obligation to pay the basic charge of £75 within the time specified, rather than to compensate ParkingEye for late payment. Applying the formula adopted by Colman J. in the Lordsvale case, therefore, the additional £60 would appear to be penal in nature; and it is well established that, in those circumstances, it cannot be recovered, though the other party would have at least a theoretical right to damages for breach of the primary obligation.''  
    • I'm ready to reject Hermes offer and issue the letter before claim. I've registered on the MCOL website and filled in my claim with the below particulars.   Should I tick the box to send the particulars directly to the defendant?   Should I also tick the box for the right to claim interest. If so do what date would I put for when the money became owed,  what is daily rate of interest up to the date of judgment?    Thanks again      
    • you mean you paid the mortgage off that the policy protected and financed it with another policy from elsewhere...??? so why have you been paying for life insurance on a mortgage that has not existed since 2009?   surely the policy was to protect the mortgage is was taken out for and no longer has any benefit whatsoever to you and no-one will get anything out of it should you die?   what does it state it protects and who gets what ?
    • Actually, no, or at least not with RBS. I changed to a different provider in 2009.
    • He is also trading under James Marshal cars on eBay - same details.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Please help!! used dealer will not refund


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Hi,

 

I am in desperate need of help! ill start from the beginning.

 

On August 31st i went to a used dealer to look at some cars as mine broke down. I spotted a car and phoned my brother in law for his opinion. My brother in law informed me that his friend actually works at this place so he will be able to get me some money off so to leave it with him and he will pick the car up for me tomorrow.

 

My brother in law phoned me the next day and said he can get me the car for £2000 (original price was £2595) I asked him was it all in working order and drives ok? he said yes. I sent him the money (Bank transfer) and he purchased the car for me.

 

The next day I heard a grinding coming from the engine and the ABS and Traction control warning light illuminated. I then spent 15 mins in a car park as the car would not start, i kept getting a car with a wrench warning light. There was no sound from the engine when the key was turned. This has happened on a number of occasion and i have as of today had the car for 9 days.

 

On day 2 i phoned the dealer and told him i am not happy with everything and would like to reject the car and have a full refund. he told me that as £600 was knocked off this was a trade deal so i have no rights to a refund. He then said i would need to speak to his partner.

 

On day 4 i went to the dealers and spoke to the partner who said i did not buy the car from them. he stated the car was sold to my brother in law and its nothing to do with them who he sold it on to.

 

In the end i agreed to pass them the car back as they requested while they fixed the problems. they said the car was throwing out a code about the camshaft sensor so they re programmed the key which solved all issues. I got the car back yesterday and every issue i reported is still there, the car did come back with a nice big scratch on the rear bumper.

 

I phone the dealer again today to be told that there is no problem with the car and i would not be getting a refund. When i said you leave me no option but to take the legal route he said i dont have a leg to stand on as i dont have a receipt. (all that was given to my brother in law was a card payment receipt) however i do have a printed copy of the advert from their website.

 

Please help me get my £2000 back!!! if you need any further details let me know.

 

Thanks

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You are right court action may be the way forwards

You can reject the car

May be your brother in law needs to take the action on your behalf

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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They say these things because they are a company and you are just little ole you so should be really scared. Send him a rejection letter by recorded delivery details the date of purchase, (I'm assuming you have the log book ?) the differences in the car and MoT

compared with the advert and give him 7 days to come and collect the car as per the Sale of Goods Act. End the letter if he doesn't respond by 7 days, action will be taken without further notice.

 

 

Don't say that though if you aren't prepared to go all the way to court.

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I do have the v5c but it is in the owners name who sold it to the used dealer. It's blank also, they didn't sign it. I haven't sent it off as yet as I've been trying to reject the car since day 2.

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Hang on a minute.

 

 

Your brother in law bought the car, any argument is between him and the garage, the garage will just say 'we never sold Mr X thecar' and they would be right.

 

 

You need to take this up with BIL and get HIM to reject the car.

 

 

If he has indeed bought it as a trade sale with a proper trade sale invoice from the garage then you may well be stuffed I'm afraid.

 

 

But the fact remains that the garage do NOT have to fix the car as they never sold it to you, your BIL did.

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Hang on a minute.

Your brother in law bought the car, any argument is between him and the garage, the garage will just say 'we never sold Mr X thecar' and they would be right.

You need to take this up with BIL and get HIM to reject the car.

 

If he has indeed bought it as a trade sale with a proper trade sale invoice from the garage then you may well be stuffed I'm afraid.

But the fact remains that the garage do NOT have to fix the car as they never sold it to you, your BIL did.

 

That is exactly right and I, for one, didn't read your original post closely enough.

 

If this is a trade sale, which it sounds as if it is, then there will be no rejection possible by you. You need your bil involved, put the blame on him, he assured the car was fine and it is him who will need to sort it out.

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He didn't just 'pick up' the car though did he?

 

 

He bought it, paid for it and presumably it was invoiced to him.

 

 

It was, at that point, his car.

 

 

And when you paid him for it, it became your car.

 

 

I'm absolutely convinced that CAB are absolutely wrong,and that any dispute is between buyer and seller - ie your BIL and the garage. it simply cannot be any other way

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The crux of the matter is who did the OP pay, the bil or the dealer. If he paid the dealer then there is a case potentially but if he paid the BIL then not a chance, it becomes a private sale.

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