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    • If you are buying a used car – you need to read this survival guide.
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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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ES Parking/Gladstone court case - PCN Spinningfields Manchester


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costs?

when you exchange documents,

normally a fortnight before the hearing

you show your costs (excluding travel if that is unknown, you always get that).

 

 

If you find that ES have put their signs on council land ask for CPR27 full costs recovery as action is malicious

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  • 2 weeks later...

fill it IN!

 

no to mediation

the rest is obv

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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what defence did you eventually file too?

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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then you expand on that if you have to, keep an eye on the clock and if they dont pay the allocation fee in time you can ask for the claim to be struck out as having no chance of success orjust make sure the claim is stayed by the non-payment. The courts service normally give the plaintiff a nudge to get them to either pay up or go away and this means that it isnt automatically stopped when it should be

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then you expand on that if you have to, keep an eye on the clock and if they dont pay the allocation fee in time you can ask for the claim to be struck out as having no chance of success orjust make sure the claim is stayed by the non-payment. The courts service normally give the plaintiff a nudge to get them to either pay up or go away and this means that it isnt automatically stopped when it should be

 

ok I filled out and sent N180. Just one thing which is bugging me, in the letter it says "And serve copies on all other parties". Do I have to do anything beyond sending the N180 back? Do I have to inform Gladdys?

 

Also I was thinking that I have spent a fair few bob on postage, am I able to claim all that back at the end of the process once I have won? I was just thinking of ways to bug Gladdys with some invoices and give them a taste of their own medicine.... I'd send the invoice followed by a warning letter and then finally a court claim :roll:

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you copy the n180 to gladdys but not a signed copy

 

 

ignore the above!!

 

 

that if it goes to WS stage

 

 

just send it to the court as you have

sorry

was on a small screen

 

 

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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Share on other sites

witless statement or witness statements even:lol:

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

sending a copy of the N180 to Gladys lets her know what dates you arent available, nothing more.

 

Yes, you can recover all of your costs so keep totting them up.

 

 

If it is public highway you will be looking for 5 hrs research and preparation time @£19.50/hr as well as their claim will be vex.

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it wasnt allocated to any track at the time

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

as said,

they will have a tough time trying to introduce stuff that they should have posted to you.

 

 

Read the parking prankster's recent blog where a parking co got torn a new hole courtesy of Gladdys and their rubbish form filling.

 

 

I would suggest that you go for a CPR16.4 strike out as they refuse to furnish the details of why they are claiming money from you.

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as said,

they will have a tough time trying to introduce stuff that they should have posted to you.

 

 

Read the parking prankster's recent blog where a parking co got torn a new hole courtesy of Gladdys and their rubbish form filling.

 

 

I would suggest that you go for a CPR16.4 strike out as they refuse to furnish the details of why they are claiming money from you.

 

 

The question is should I let them off that easily?

 

They refused to provide me with the information I requested and yet they continue to waste my time....

 

I'd like to take them to the cleaners on this one.

 

My case has been allocated to the small claims track. What should I do now? Just sit and wait? Anything I could be doing in terms of pro-activity

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  • 3 weeks later...

you've already filed a defence!

read it properly

 

 

no to mediation the rest is obvious

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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If a strike out is accepted you can still claim costs as the claim will be essentially malicious

so CPR 27 comes into play for full costs recovery.

 

 

If you were rich and lazy you would then get the £8 grand your barrister charged you

but us mortals can claim LiP preparation costs, photocopying, etc.

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  • 1 month later...

Just got a laughable witness statement from ES through Gladstones.

 

They have even provided plenty of photographs of the lack of signage as well as the car stopping on a place where there are no double lines! You can see there are no double lines there clearly in the picture!

 

Right what do I do next to these buggers?

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Cool - I can see that I have nothing to worry about. I wish to pursue them sooner or later if possible? For the time being do I need to provide a witness statement? Who do I send it to etc? I'm assuming I'll get a letter in the post asking me to submit my witness statement?

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