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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
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A relative was dropping something off to some premises and although the signage was somewhat covered by shrubbery

it states that it is private land - i.e for residents only. (found after the event)

 

No windscreen ticket

- just a NTK received within 8 days of alledged offence which 'invited' them to pay £80.00 for 'Unauthorised Parking'.

They were duly ignored.

 

4 weeks later they received a recorded delivery letter of Notice of Impending Court Action, duly ignored.

3 weeks later the 'letter before action' from Gladstones arrived with an amount claimed for £130.00

 

2 weeks later received Court Claim form as follows:

 

Particulars of Claim:-

Date of offence xxxxxx

Description = Vehicle reg no

Amount £130.00

Due date xxxxxx

 

AND THE CLAIMANT CLAIMS the sum of £131.00 for Parking charges and indemnity costs if applicable including £1 interest pursuant to S.69 of the County Courts Act 1984 Rate 8% pa from the dats above to xxxxxx Same rate to Judgment (or sooner) payment

 

Daily rate to Judgment £0.03

Total debt and interest £131.00

 

Then to the right of the page it states Amount Claimed £131.00

Court Fee £25.00

Legal Representative#s costs £50.00

Total Amount £206.00

 

Now I am aware date of service 13/06/16

 

Date of Acknowledgement 27/06/16

 

Date to defend 11/07/16

 

They intend to defend in full but there is no facility to respond online.

 

They are currently drafting letter up for CPR.31?

 

Would appreciate guidance on defence please.

 

Footnote: Have parked at this site on numerous occasions and received nothing

- it is so intermittent it's bazaar!

Edited by honeybee13
Paras.

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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You should make sure that you have photographs of the concealed signs.

 

Is there any signage anywhere referring to parking, or penalties – or anything?

 

Who is the claimant?

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if it says residents only then they cant sue you for breach of contract as that is prohibition

so trespass and nothing to do with them as it isnt their land.

Loads of previous on this type of claim.

 

Gladstones also seem to be adding costs that were not borne in the hope that people pay up

and dont argue the toss as these will be wiped off any order if you did lose

(you wont lose this one- they have no cause for action)

 

However,

a pictue of the shrubbery will help your defence no end,

just in case there is doubt about the content of the sign and its meaning.

If you cant see an offer it isnt made.

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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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check the bottom of the information box on the right

should be a password for MCOL.

 

 

use that on MCOL website

AOS

defend all

leave juris unticked

exit MCOL website

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

In order for us to help you we require the following information:-

 

Name of the Claimant: DISTRICT ENFORCEMENT LIMITED

Date of issue – 9TH JUNE 2016

Date of defence filing- 11TH JULY 2016

 

What is the claim for –Particulars of Claim:-

Date of offence xxxxxx

Description = Vehicle reg no

Amount £130.00

Due date xxxxxx

 

AND THE CLAIMANT CLAIMS

the sum of £131.00 for Parking charges and indemnity costs if applicable including £1 interest pursuant to S.69 of the County Courts Act 1984 Rate 8% pa from the daes above to xxxxxx Same rate to Judgment (or sooner) payment

Daily rate to Judgment £0.03

Total debt and interest £131.00

 

What is the value of the claim? £206.00

Has the claim been issued by the original creditor - YES

Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A

Am I able to sign online as litigant friend?

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Am I able to sign online as litigant friend?

 

 

 

what do you mean?

you can do the MCOL

they wont know who is doing it.

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

if it says residents only then they cant sue you for breach of contract as that is prohibition

so trespass and nothing to do with them as it isnt their land. It does say Residents parking and there is no facility to pay and display etc

Loads of previous on this type of claim. Can you point me in the direction of a link please? The owner has just got smashed up in said vehicle and only just released from hospital :(

 

Gladstones also seem to be adding costs that were not borne in the hope that people pay up

and dont argue the toss as these will be wiped off any order if you did lose

(you wont lose this one- they have no cause for action)

 

However,

a pictue of the shrubbery will help your defence no end, I have got said photographs but not sure how old they are, but the photographs are not date stamped :)

just in case there is doubt about the content of the sign and its meaning.

If you cant see an offer it isnt made.

 

I agree. I have just acknowledged claim online MCOL.

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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No I understand that but the owner of said vehicle has just been released from hospital having been smashed up in said vehicle and will not be in a position to handle a court matter, if it goes that far.

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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  • 3 weeks later...

I have acknowledged this within timeframe and have been adding defence and saving it along the way. However, last night I was checking through it before submitting it and half of it is missing! I haven't exceeded the line limit but now don't seem to be able to log back in :(

Is the login the government gateway number or mcol customer number or unique reference?

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Prob just a w/end hiccup

Quite usual for the site

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

But the helpdesk won't discuss it with me as I am only assisting someone if the login has been blocked! We're both at work tomorrow and tomorrow is the deadline. How likely are we to get an extension if necessary?

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Share on other sites

A defence can always be emailed Shelley to MCOL.....quoting the case number ...see MCOL for defendants email/contact address.

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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A defence can always be emailed Shelley to MCOL.....quoting the case number ...see MCOL for defendants email/contact address.

That's great Andy thank you. Saved again by my CAG family :):):)

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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That's great Andy thank you. Saved again by my CAG family :):):)

 

Is this it Andy? Mcol@hmcts.gsi.gov.uk

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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try mcol again

as I said

its been down twice AFIAK the last 48hrs

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

Is this it Andy? Mcol@hmcts.gsi.gov.uk

 

There should be a dedicated defendants email address..the above is general

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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I have managed to locate correct email address and have received acknowledgement this evening with the help of a friend's PC.

 

I also emailed it to myself so that I have an accurate copy for my records,

which I intend to print out and send hard copy to courts as suggested earlier,

advising courts that email and online versions sent within timeframe permitted.

 

I am unable to log back into MCOL as it has locked me out for incorrect password attempts

but I'm confident that my final email has reached its correct destination and within permitted timeframe.

 

Thank you a for your continued support in my quest for justice.

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Share on other sites

Update:

I received an email saying they couldn't read the signature and could I send it again by different method.

Panic set it as I wouldn't be near a PC today

 

 

emailed reply from my phone to explain.

 

 

Further response received saying the defence submitted was satisfactory

and it had been processed today, thank goodness.

 

 

However, if I want to be litigant friend I need to obtain authorisation from a Local Court with my response.

 

I'm not expecting DR to take this any further but if they did, how do I become litigant friend?

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Share on other sites

Why do you need to become a Litigant friend Shelley?...the defence you submitted is in name and from the defendant?

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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If District Enforcement decide to let this continue to court I will need to be litigant friend because the person involved won't be able to discuss the case in court without my help. Have received acknowledgement from courts in post.

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Share on other sites

OK, is that a disability issue because if that is made clear to the court then you can go for a case management hearing that will determine whether the local court has the ability to handle matters. That can be used to your advantage or it can mean a journey further afield but you get a sympathetic judge (not sympathetic to the law being considered but to who they will give audience to and how formal the proceedings get)

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