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    • oh well i wonder what new fake documents they have made up then...for them to try this.... just to check nothing funky like Link have filed an n244 to lift the stay and strike out her defence....she hasnt moved since last court comms has she?   is this an n24? bit unusual for a 13mts stay to just be lifted... has she not received anything from link/kearns in the last fw weeks like a docs bundle? bit like this thread... https://www.consumeractiongroup.co.uk/topic/466576-lc-assetlinkkearns-claim-form-2-mbna-cc/?do=findComment&comment=5256397  
    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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      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.

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      Many thanks 
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hermes - Extra Charges, but lost Item


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So do I take it that you are the invisible friend?

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  • 3 weeks later...
Please will you prepare a bullet-poipnted chronology of events.

 

Keep it succinct but so that it tells the story.

 

Please post it here

 

I'm still waiting for this.

 

Have you drafted an skeleton argument?

 

Please post the index page to the bundle

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Hi

 

Just did a copy and past, but I am sure I uploaded this somehow before

 

 

COURT BUNDLE

Item Date Descriptin No of Pages

1 02-Nov-15 Chat Prashant Chavan via Chat 06.34 1

2 22-Oct-15 Paypal receipt for £349 1

3 23-Oct-15 Original purchase order 1

4 26-Oct-15 Extra payment invoice £4.70 1

5 26-Oct-15 Extra payment made £4.70 1

6 05-Nov-15 Chat Ronak Gadiya, Parcel not delivered, supplied description of parcel 1

7 05-Nov-15 Chat Ronak Gadiya, Parcel is lost, full refund to be sent £350 + postage 1

8 05-Nov-15 Email from Ronak Gadiya, confirming lost parcel, with Lost claim form 1

9 20-Nov-15 Chat Kasturi via chat 5.39. Claim sent 15 days ago, yes has been received 1

10 23-Nov-15 Email from Tracey Dobinson Tinsley confirming only £31.79 to be refunded 1

11 24-Nov-15 Customer xxxxxxxx [/color]via CSS web 2.34 Unhappy with the outcome 1

12 24-Nov-15 Rule response 2.34 Auto Response claim reference 1

13 06-Dec-15 Letter before Court Claim to Hermes 1

14 09-Dec-15 Letter from Hermes ref Query 2

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Dear BankFodder

 

I have not drafted a skeleton argument, I am not sure how to go about it.

 

Also do I need to add everything after the court summons was issued to the bundle? I have never done this before, so am in need of some help here,,, please help

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responding to S.O.S I have asked others on the site team/bankfodder to look in on you.

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

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

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Take a look shortly bankoff .

 

Regards

 

Andy

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We could do with some help from you.

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I'm not around very much at the moment – but I need to see the bullet pointed chronology that I asked you to prepare a month ago on 15 March.

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Hi BankFodder

 

Thank you for your reply,

 

I have done the list of items in the court bundle but could not upload it as I have forgotten how to do it, perhaps someone else here can help me with the upload.

I did a copy and paste and it did not come out very well.

 

I have numbered it 1 to 15, which corresponds with the pages in the bundle up to the court summons.

 

Do I need to change this?

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**you can post up images/letters by this method immediately. You don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use http://www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD -mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

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We could do with some help from you.

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But where is the chronology. If you want to do a skeleton argument, you need to start with this. I have been prompting you for this for over a month.

I'm not around very much for the next few days so it has become difficult to fit this in.

I had lots of time when I first asked.

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Sorry - but I'm on a family holiday at the moment with poor internet access and writing from a tablet.

 

This should all have been done weeks ago.

You need to prepare a skeleton argument which goes through the chronology but which also outlines your arguments as to why their position is flawed. The points made in your skeleton should each be headed so that the argument acts as stepping stones for the judge.

 

The skeleton should also be fully referenced back to the bundle so that the judge has no difficulty skipping out of the skeleton back and forth to the referenced documents in the bundle.

 

The skeleton argument is an important document and if it is done well so that the judge finds that it is logical and accessible, then it can win the case for you.

 

I don't know what to do for you at the moment. I've been urging you to get this done for over a month and I had the time to sort it out for you but I'm afraid that I have other commitments too.

 

I think that I have made the point before that if you had been paying for our help then you would have taken it all rather more seriously - and your invisible buddy too. As it is, you have to fit in with our lives and our own commitments.

 

We might try and put together a skeleton argument in 10 days or so and maybe the judge will accept it late

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By the way, have you noticed that the date of the defence and their statement of truth pre-dates the date of the claim?

 

This is one of the points which can be leveraged in a good skeleton argument - but don't mention it yet.

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If you type into the search box (top right under the CAG Logo) Skeleton Arguments...its will bring up all the threads were other posters have had to draft one.

 

Regards

 

Andy

We could do with some help from you.

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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

If you want advice on your Topic please PM me a link to your thread

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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

If you want advice on your Topic please PM me a link to your thread

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Okay try the first one now (v2.doc)

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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