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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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Marston- Enforcement Order with no prior notice E.ON CCJ


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If EON did not bill you as promised with details of how to pay, then it should be an easy set aside. If you pay Marstons the full amount, you might be waiting awhile to get your money back in terms of their fees.

 

I wonder whether at this late stage, if you sent EON a copy of their email showing what they said 3 days before issuing a court claim to your previous address, they might want to change their minds and scrap the judgement/writ. It would save a lot of bother.

 

I have definitely tried that with Eon already, showing them the exact email etc. I even managed to get in touch with the person who actually sent that email- who works in the Director's office. They refuse to comment any further on it. They now only respond with this default email:

 

I’m afraid we’re no longer going to correspond with you from this office regarding this matter. If you’re still unhappy you need to discuss this with your own independent source or alternatively refer back to the court.

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If it is quiet this afternoon I'll respond as I have a guide to filling out the Forms needed. In the meantime can you establish:

a - how much the original CCJ than Eon obtained & date it was awarded against you

b - how much Marstons are saying you now have to pay & date the Writ was issued

 

Depending on which route you decide to go it pay pay to serve a Subject Access Request on Eon. Eon should be ashamed of how they have dealt with this as there is a chance they have opened themselves up to paying your costs & also Marstons fees.

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I have sent a PM to Malcolm from EON who is a web relations rep from EON on CAG, to see if he can respond with help, but i suspect it is now beyond his pay grade.

 

You're right unclebulgaria. This has gone way beyond my level. I've had a good look through the thread to see if there's anything I can suggest but the OP seems to have gone down all the avenues I would've suggested. Specifically, our Ombudsman Team, Legal Team and Director's Office. Details of the case will now be being looked after by the legal guys and not available to advisors such as Helena or myself. Even though the OP has already spoken to the Legal Team, the best advice I can offer is to contact them again. This includes making complaints about our Legal Process.

 

Sorry I'm unable to comment or help more.

 

Malc

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If it is quiet this afternoon I'll respond as I have a guide to filling out the Forms needed. In the meantime can you establish:

a - how much the original CCJ than Eon obtained & date it was awarded against you

b - how much Marstons are saying you now have to pay & date the Writ was issued

 

Depending on which route you decide to go it pay pay to serve a Subject Access Request on Eon. Eon should be ashamed of how they have dealt with this as there is a chance they have opened themselves up to paying your costs & also Marstons fees.

 

Apparently Marstons' fees are only £45 (according to Marstons).

 

 

The Eon legal rep I spoke to yesterday very quickly rattled off the extras that had been added at CCJ

which included legal fees and interest to the total of an extra £900 or so on a £3000 balance.

 

 

So the judgement they received from court already added nearly a grand to the amount that they stated in December.

 

 

As near as I have been able to extract, they went to court on/around 6 Jan and I then had until 6 Feb to pay.

 

 

The notice from Marstons is dated 16 Feb-10 days later,

clearly labelled with my current address as supplied to them by Eon.

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If Oxford is nearer to you, it seems they also deal with High court.

 

https://courttribunalfinder.service.gov.uk/courts/oxford-combined-court-centre

 

See if they can deal with your applications.

We could do with some help from you.

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Thanks for looking into things Malc. Is there a correspondence address for the legal team? A specific email address would be very helpful. Also the name of someone in charge within that team would be great.

 

You're welcome MeeBroke. If you drop me a PM, I'll give you the contact details.

 

Look forward to hearing from you.

 

Malc

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Thanks UB. My understanding was that this has nothing to do with the High Court?

 

I thought you said that Marstons were acting as High Court Enforcement Officers ?

We could do with some help from you.

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Indeed the case but my understanding is that all action is with the county court- set aside and stay. High court merely enforce the outcome from county?

 

Yes you could be right, that it is purely the enforcement that is high court. Always confused when a fee is paid to elevate for high court enforcement.

We could do with some help from you.

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I think Eon will regret gaining this particular CCJ, hope Scoop picks it up.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I think Eon will regret gaining this particular CCJ, hope Scoop picks it up.

 

Lets hope so, but it will not stop them doing it again, until they are sanctioned for not following the correct procedure,

 

lets live in hope

 

 

Leakie

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Lets hope so, but it will not stop them doing it again, until they are sanctioned for not following the correct procedure,

 

lets live in hope

 

Leakie

Agreed Leakie, and good luck to MeeBroke, these backdoor CCJ's should garner criminal penalties for these utilities like Eon especially when a Set Aside is granted due to non service of Notice of Claim where there is full knowledge of current address. Technically it is fraud and should be treated as such..

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Agreed Leakie, and good luck to MeeBroke, these backdoor CCJ's should garner criminal penalties for these utilities like Eon especially when a Set Aside is granted due to non service of Notice of Claim where there is full knowledge of current address. Technically it is fraud and should be treated as such..

 

 

Not going to disagree with you there BN but others will disagree with the fraud part,

either it is or it's not!

Not it's only a small sum it's not worth pursuing.

 

for to long now these Big company's flout the regulations because they are ignored, by the powers to be, but if it were you or me........

 

Leakie

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This is no small sum to me. The original bill was £3000. I have just had to pay £4000 merely because they chose not to contact me at my current address, telephone or email- all of which they had.

 

And they've wrecked my credit rating. I believe that this is their revenge as I complained about them to the Ombudsman.

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This is no small sum to me. The original bill was £3000. I have just had to pay £4000 merely because they chose not to contact me at my current address, telephone or email- all of which they had.

 

And they've wrecked my credit rating. I believe that this is their revenge as I complained about them to the Ombudsman.

They don't care they even go after people who owed them nothing at all who switched. They are a shockingly bad company.

 

I just hope you can kick them with a Set Aside that kills the CCJ.

We could do with some help from you.

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This is no small sum to me. The original bill was £3000. I have just had to pay £4000 merely because they chose not to contact me at my current address, telephone or email- all of which they had.

 

And they've wrecked my credit rating. I believe that this is their revenge as I complained about them to the Ombudsman.

 

Surprised you are throwing the towell in regarding setting aside the CCJ based on the information you gave on this thread.

 

The CCJ on your record for 6 years, might prove to be a pain in the bottom.

We could do with some help from you.

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Surprised you are throwing the towell in regarding setting aside the CCJ based on the information you gave on this thread.

 

The CCJ on your record for 6 years, might prove to be a pain in the bottom.

 

There has been nothing from the OP to suggest the decision to pay Eon and the enforcement fees is 'throwing the towel in'. I am told the matter remains ongoing.

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There has been nothing from the OP to suggest the decision to pay Eon and the enforcement fees is 'throwing the towel in'. I am told the matter remains ongoing.

 

Good. I just don't like it when there is allegedly a tactic used to avoid someone defending a claim. I.e sending a court claim to previous address, 3 days after saying they would come back to sort out a payment arrangement.

We could do with some help from you.

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Good. I just don't like it when there is allegedly a tactic used to avoid someone defending a claim. I.e sending a court claim to previous address, 3 days after saying they would come back to sort out a payment arrangement.

Agreed UB it stinks, these back door CCJs need stamping on.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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There has been nothing from the OP to suggest the decision to pay Eon and the enforcement fees is 'throwing the towel in'. I am told the matter remains ongoing.

 

This is no small sum to me. The original bill was £3000. I have just had to pay £4000 merely because they chose not to contact me at my current address, telephone or email- all of which they had.

 

And they've wrecked my credit rating. I believe that this is their revenge as I complained about them to the Ombudsman.

 

I read the above in the context its been paid ?

 

Andy

We could do with some help from you.

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