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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

HPH2/Cohen Claim Form barclaycard 'debt'***Settled by Tomlin Order***


isbo
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Hi isbo and Welcome to CAG

 

I have started a thread of your own for your claim.

 

If you would read the following link and copy/ post your responses back here to enable the best advice on proceeding with your claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

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Andy

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Many thanks ...

 

Get your CPR and CCA up and running and keep an eye on your defence date.

 

Regards

 

Andy

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  • 2 weeks later...

We could do with some help from you.

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  • 2 weeks later...

Particulars added and numbered isbo...just amend you paragraph numbers to respond to their particulars.

 

Andy

  • Confused 1

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Paragraph 1 does not refer to assignment isbo...that's in para 2 which you have responded in your 4.

Paragraph 2 does not refer to default notice....thats in para 3

 

:-)

 

Defence amended and now checked

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Now corrected for you...ready to submit...if you're happy its accurate.

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Makes no odds whether you use the full 14 days or not...you can actually submit a defence same time as your acknowledge service...very little the claimant can do.

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Take an aspirin regroup tomorrow :-)

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  • 3 months later...

If you look at the Court Directions closely...it will state all parties to submit their documents by date xxxxxxx (disclosure)and prepare a statement (witness ) which also part of your disclosure by date xxxxxxx

 

 

Bundles are for more complicated claims/defences

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  • 3 weeks later...

Take a read of the last page of the following thread isbo...this is an excellent example of how to prepare your disclosure and witness statement..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?458383-Lowell-lowells-sols-claimform-old-Vodafone-mobile-debt/page6

 

Regards

 

Andy

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  • 2 weeks later...

So no disclosures or witness statement from them ?

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So when your in court inform the judge that the claimant has failed to comply with his directions and failed to disclose any documents or witness statement on you...so barred from relying on any documentation.

 

Refer to CPR 3 THE COURT’S CASE MANAGEMENT POWERS

 

Power to strike out a statement of case

 

3.4

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2) The court may strike out(GL) a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

© that there has been a failure to comply with a rule, practice direction or court order.

 

Andy

  • Like 1

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If you dont attend you cant tell the court...you lose they win you get a CCJ.

 

If the court does strike out the claim ask for your costs ...and take proof (written evidence) that you have had to take a day off work (£90.00)

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  • 1 month later...

MB is correct always use the claimants failure to comply with directions to your advantage...and request sanctions be imposed...never contact the Solicitor and give them the heads up of their failings.

 

Andy

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  • 3 weeks later...

My two peneth worth isbo...I think you are over complicating this.....believe me you wont get chance to argue anything..lucky if your in the court 15 mins..the game here is to pursued the claimant to discontinue or at the least mediate and propose a mutually agreeable settlement.This is done by submitting a witness statement or supplemental witness statement....anything not done or covered prior to the actual hearing will be irrelevant in deciding your case....dont argue it on the day.

 

Andy

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Supplemental looks fine...although I must confess I have not read the claimants Witness Statement but can imagine the contents as the usual ramblings of Carey etc etc.

 

Its vital that you get a cross the correct start date...the claimants claim relies totally on convincing the court its post 2007...hence the incorrect agreement date.

Oh and for the record there is no such thing as a reconstituted Default Notice (pre or post 2007)...most creditors did not retain hard copies only computer trail it had been served.

 

REgards

 

Andy

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Carey is irrelevant as the agreement is pre 2007...Carey is with regards to complying with a section 77/78 request...not for enforcement purposes.

 

Andy

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They wont tie you up in Legalise...the Judge directs the hearing and is fully aware you are Litigant in Person.

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Just seen the great news that jay had a letter saying his was discontinued. How I wished that were the case for me.

 

Might be if they fail to turn up also:wink:

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Condemned Man :lol: There are no debtors prisons anymore...its only a debt...more important things in life to worry about...this being the bottom of the pit

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Good call but there's no email address on their guff.

 

Ring them and ask if they will accept electronic communication and ask for their address.

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Wait until they have had time to digest the contents of your witness statement then we can word something suitable later this evening

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