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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.

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      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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ccj setaside - help


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First of all, I hope that you have followed the link under the words set aside and read about the process of obtaining a set-aside.

 

I wouldn't say that set-aside is automatic, but there is a strong presumption in favour of granting a set-aside because it is considered to be in the interests of justice that a party has their day in court – even if they have made some kind of mistake.

 

Having said that, we can better advise you if you will let us know more detail.

 

Clearly as the LIP who has a judgement against his company, you have probably obtained the judgement by default because the company has failed to defend for some reason rather.

 

Has a hearing been arranged? If this company is deciding to go to the trouble of travelling to your local court, having made an application for a set-aside – and prepared to incur the costs either of going there themselves or probably getting lawyers to go for them, then it is probably a reasonably serious matter – either because there is a large amount of money at stake or because there is a principle at stake and they are worried about letting it pass.

 

I think that you should let us know why you have sued them, the value of the claim, and also let us know something about their application. Have they provided a draft defence.

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Thank you for your fast reply

 

 

,now more to feed on

 

 

you are bang on when consumer buys product for around 40k and it all goes bad

 

you find out you are on your jack jones

 

However even though i am joey the public big enough to kick them as they have kicked me.

 

Feel let down by trading standards there best it to heavy for our tribe.

 

Ltd replied to court docs and instructed solicitors,

and to my surprise wrote to court march requested strike out but not on app

 

went before judge rejected

told to put app in court

heard nothing since

 

 

now they are 5 months passed defence date

 

hoping to have regular default judgement end of june .

 

 

next move send in the cant pay wont pay crew (sheriff)

 

Read some heavy caselaw on set aside

but it presents they will get a set aside because refusal would open door for appeal.

 

Also i will object to set aside and a stay ,

 

 

i am aware of the risk of multi track but someones got to do it by the way to get it this

far i have paid zero.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you for your fast reply,now more to feed on you are bang on when consumer buys product for around 40k and it all goes bad

you find out you are on your jack jones

However even though i am joey the public big enough to kiuck them as they have kicked me.

Feel let down by trading standards there best it to heavy for our tribe.

Ltd replied to court docs and instructed solicitors,and to my surprise wrote to court march requested strike out but not on app

went before judge rejected told to put app in court heard nothing since now they are 5 months passed defence date

hoping to have regular default judgement end of june .next move send in the cant pay wont pay crew (sheriff)

Read some heavy caselaw on set aside but it presents they will get a set aside because refusal would open door for appeal.

Also i will object to set aside and a stay ,i am aware of the risk of multi track but someones got to do it by the way to get it this

far i have paid zero.

 

Thank you for this but as DX has pointed out, we need much more information.

 

Also, please can you lay out carefully and don't use abbreviated English or textpeke. It's unhelpful.

 

It is £40,000 at stake then I would have thought it would be worth taking five minutes or so to let us know the detail properly.

 

Although we are helping you for free, please imagine that you're paying £3000 and you want to get value for money. That means that you tell the story carefully and as fully but as efficiently as possible so that we can give you the best advice.

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:noidea::noidea::noidea:

Well that's as clear as mud...

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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:noidea::noidea::noidea:

Well that's as clear as mud...

 

Dx

 

I completely agree.

 

I'm very sorry, but if you can't set it out carefully for this in a way that would make sense to any firm of lawyers who are trying to advise you then I don't think that we can help you.

 

I suggest that you get hold of a friend and asked them to have a read of what you posted and see whether they agree with you that it all makes sense – or whether they agree with us that it makes no sense at all.

 

Other than that, we give our help very willingly and for free. You can see that we are very proactive and very enthusiastic, but it's difficult for us to put in the level of work that seemed to be necessary to persuade you to let us know what is going on.

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A case will turn on its own facts,

 

 

my original question was how easy will it be for the solicitors representing the ltd to obtain a set aside

when they have not followed cpr twice.

 

Only a lip/solicitor/barrister/judge could answer this question

who has seen this play out with regards to denton /mitchel

and recent high court and caselaw

do these people post on this site?

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sounds like you have issued a claimform on a £40k faulty 'product'

 

and they have frightened you in saying they will get a setaside and strike out your case.

 

not aware you can CPR them...??

if they are going for the set aside

then they have send them too you under the DQ or whatever

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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In answer to your question, in order to set aside a ccj, they would have to apply to the court via a N244, pay the fee and then convince a judge that they have good reason to have the ccj set aside. As they instructed sols to act on their behalf at the time and failed to follow DQ instructions it would take take some convincing, but it does happen

 

Short answer is it depends on the reasons for SA and the judge on the day

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When you study other cases some solicitors attempt to scare off lips into consenting to set aside

by threatening to claim costs

 

if you do not consent to a set aside, because i will transfer up to a writ of control

that will answer there consent question no chance theres no prisoners on this tour of duty.

 

Shame that the sheriff has to give 7 days notice be good tv.

 

If set aside is permitted at the next hearing

 

 

i would request a single joint instruction expert witness forensic report on product

 

3k plus 1k per man per day in court

 

Not to set aside would be terminal to the defendants case.

 

 

my contract is with the retailer, but the manufacturer is aware

and product was returned back to factory for many repairs 2013

which failed first week on return (British company)

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A case will turn on its own facts,

 

 

my original question was how easy will it be for the solicitors representing the ltd to obtain a set aside

when they have not followed cpr twice.

 

Only a lip/solicitor/barrister/judge could answer this question

who has seen this play out with regards to denton /mitchel

and recent high court and caselaw

do these people post on this site?

 

Did the Defendant's solicitor file an acknowledgement of service before you applied for a default judgment?

 

Were proceedings correctly served at the right address etc?

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The limited acknowledged service and stated they would defend all 3 parts of claim,

they instructed solicitors who wrote to Salford by letter not on a application to strike out claim

2 months after draft defence was due this was put in front of judge and

 

 

they were told to put app in which they failed to respond ,

 

 

claim date 28.12.2015 their letter in march they now 4.5 months after deadline I request default

regular hoping 8 days my question still remains what chance of set aside?

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A Defendant who is the subject of a Judgment in Default may apply to the Court to have the Judgment ‘set aside’. To be successful with the application, the Defendant must satisfy two principle conditions. The first is that the Defendant must be able to show that he or she has a real prospect of being able to successfully defend the claim, or the court must be satisfied that there is some other good reason why the judgment should be set aside or varied.

 

The second condition is that the application must be made promptly. This condition is generally dealt with on a case by case basis and so there is no definitive deadline that is applied. In the recent case of Henriksen v Pires [2011] EWCA Civ 1720, the Defendant sought to have the judgment set aside because the Claimant filed an affidavit of service and not a certificate of service in form N215, and also failed to serve a response pack contrary to Civil Procedure Rule (“CPR”) 7.8(1). Despite these shortcomings, the court refused to set the default judgment aside because the Defendant’s application was not made promptly as required by CPR 13.3(2); that application was not made until eight months after default judgment.

 

Andy

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Thanks for time for info

,i have read various caselaw and it presents what ever the defendant does they seem to get set aside

 

their solicitors may have advised

test the geezer

let him get ccj

apply for set aside and stay

 

 

in my previous life i have traded in planning law

self taught at RCJ SOS and lost,

 

 

no experience in this but may take at present would a county court judge

get his head round heavy caselaw or just rubber stamp set aside ,

 

 

i would request payment into court of something to prove they are not playing games

 

I feel they will try bully tactics with costs for consent set aside,

that one case stands out 200k about same product the consumer blew his brains on that one,

 

Been advised if they instruct council for set aside they will need to depsit at least 5k on account with rising costs full trial poss

20k,

 

That takes it back to original question

 

 

has anybody witnessed set aside apps in real life if not your knowledge is the same as mine

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That takes it back to original question has anybody witnessed set aside apps in real life if not your knowledge is the same as mine

 

 

Plenty....and advised on 100s

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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Can't see another thread?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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cant make sense of either!

 

 

22 blokes chasing a bag of air.....

  • Confused 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I'm with dx on this one this thread makes no sense!

 

"there solicitors may have advised test the geezer let him get ccj apply for set aside"

 

Are you seriously suggesting that a professional solicitor would advise a client to allow a ccj with an intent to apply for a set-aside on that ccj?

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cant make sense of either!

 

 

22 blokes chasing a bag of air.....

:)

this thread might end up like that :) no offence op.

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  • 5 months later...

If a product /contract was sold on the basis it had not been built at point of deposit and there was a 3 month build date to delivery

 

-but another product was supplied 3 months later that was not the product ordered

 

-but same spec and model and new due to it prob was a demonstrator at some other dealer

 

-would this give rise to a claim on section 13 SOGA

 

-due to the fact the consumer was lead to belive it was being built to order after deposit paid at show and there was not any available stock

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