Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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

Unviversal Credit CCJ, Sold to paragon , now Arrows and restons


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2691 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 486
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Guest suziedarkness

I am really really sorry for butting in on this thread, this is something I dont usually do but I am trying to get hold or andyorch or surfaceagentx20 as recommended by another cagger. I have tried to PM them, but I cant.

 

If they come back on this thread could they please PM me or take a look at this thread

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/168115-mathematicians-needed-help-credit.html

 

Once again im really sorry, please forgive me :(

 

Suzie

Link to post
Share on other sites

AQs are not normally delivered with Defences and I'm surprised you 'did so before.' My best advice is to comply with any order of the court. If you're not sure how to comply with a court order, post the text of the order and we'll tell you what it means.

 

x20

thanks x20,

just thought i needed that also to request a transfer to my local court without it, will post as soon as i hear something

Link to post
Share on other sites

  • 1 month later...
AQs are not normally delivered with Defences and I'm surprised you 'did so before.' My best advice is to comply with any order of the court. If you're not sure how to comply with a court order, post the text of the order and we'll tell you what it means.

 

x20

hi again all,

received a letter from the court today,

entititled " notice that a defence has been filed ", also included is an AQ.

 

my queries:

is this just a copy sent to me as a matter of form, and it is aimed at arrow?

do i have to reply with a completed AQ?

and if so, do i have to pay the £200.00 fee with it.

i am assuming that is all for arrow and i need do nothing,

they have also stated that the form should be reurned to my local court.

does this mean it has automatically been transferred there

sorry if all this is obvious to some, and may make me look dumb, but i just want to be sure.

thanks

Link to post
Share on other sites

AQs are not normally delivered with Defences and I'm surprised you 'did so before.' My best advice is to comply with any order of the court. If you're not sure how to comply with a court order, post the text of the order and we'll tell you what it means.

 

x20

hi again all,

received a letter from the court today,

entititled " notice that a defence has been filed ", also included is an AQ.

 

my queries:

is this just a copy sent to me as a matter of form, and it is aimed at arrow?

do i have to reply with a completed AQ?

and if so, do i have to pay the £200.00 fee with it.

i am assuming that is all for arrow and i need do nothing,

they have also stated that the form should be reurned to my local court.

does this mean it has automatically been transferred there

sorry if all this is obvious to some, and may make me look dumb, but i just want to be sure.

thanks

Link to post
Share on other sites

You will need to complete the AQ form and return it to your local court by the date stated on it. Arrow will have to do the same and also pay the court fee. As Defendant, you don't pay the AQ fee.

 

A case gets automatically transferred to an individual's home county court when that individual enters a Defence.

 

x20

Link to post
Share on other sites

x20,

thank you,

i have today also received a letter informing me that the case has indeed been transfered.

would it be ok to copy the AQ i filled in the last time they took me to court? ( pt vitually told me word for word on what to say) or will it have to be altered to suit each individual case?

also, as the last time st albans dealt with the case and struck it out there, i am assuming that as this time, because it has been transfered ,that they believe i have a case to answer, and, therefore will have to appear in court.

as i have never been to court before, would someone be kind enough to help me with my defence and let me know the protocols and the court procedures?

thanks again

Link to post
Share on other sites

hi all.

trying to fill in the AQ, but could do with some help here.mainly with the directions etc.

i am assuming this is where i can apply for the case to be struck out again, ask the judge for 'removal of all trace of debt from my credit record by claimant and original creditor' and a summary judgement, and anything else anyone can think up.

as i have only got about 10 days to get this back to court, any help advice from anyone would be greatly appreciated.

thanks again

Link to post
Share on other sites

what happened about the case being struck out on the fact they have refiled the same case?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

hi godmother,

st. albans seems to have "ignored" the fact thay have filed on the same case and it having been struck out before, and have just carried on although that has never happened, and transferred the case to my local court.i have had no communication from them regarding my application to have it struck out again.hence my plea for help regarding the AQ.

Link to post
Share on other sites

have u tried ringing them?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

i have spoken to the court a couple of times, but not since i have received the AQ,

tried calling today but looks like an early xmas for them, will have to wait till monday now, unfortunately, i will have to send in my AQ by then, just to be safe

Link to post
Share on other sites

ok cause the last youmentioned on it was a letter had gone out to you.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

the lady i spoke to at that time said the case had "gone away to be typed " and i would hear from them in due course, the only thing i have received from them was the notice of defence and the AQ. i have just assumed this is what i " would hear from them" with.

Link to post
Share on other sites

OMG maybe they should have been a bit clearer

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Stephen

 

Is St Albans your local county court? I thought you lived in the North Wales area from what you posted in an earlier post.

 

Doc

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

Link to post
Share on other sites

docman, hi,

st. albans is cope's local court, where they originally filed the both cases.

st. albans struck out the first case, however, this time they have transferred it to my local court in n. wales.

this is where i have to return the AQ this time

Link to post
Share on other sites

rite i would speak to them on Monday about the strike out and see if they have anything on file.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

N150 wasnt it?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Stephen

 

IF the court have ignored an informal letter telling them that the claim is defective, then, you should seriously consider an application to have the claim struck out. if the matter has already been to court and the court has made a decision as it has here that the claim shall stand struck out then they should have sought the permission of the court to restart proceedings

 

personally, i would bang an application on a N244 to the court and request the claim struck out

Link to post
Share on other sites

if u need any help with as n244 then shout me

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

 

this is the form u can fill in online and hen print off. u will need 3 but the best i have found is print one photocopy 2

Edited by The GodMother
adding link

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Ok on the n244 in box three put the following

 

 

An order (a draft of which is attached) that the claim be struck out pursuant to rule 3.4(2)(b) CPR because the issues raised in the Particulars of Claim are materially the same which were raised in the [ ] Court (Case Number [ ]) and therefore the claim amounts to an abuse of the court's process.

 

 

 

 

 

then the draft order.

 

 

 

 

IN THE St ALBANS COUNTY COURT Claim No:

 

 

 

 

BETWEEN:

 

 

[ ]

Claimant

and

[ ]

Defendant

draft/ORDER

UPON reading the Defendant’s Application Notice dated [ ] and the parties’ witness statements

 

AND UPON hearing applicant in person

 

 

IT IS ORDERED THAT:

 

 

  • The claim be struck out.
  • The Claimant do pay the Defendant’s costs to date, in the sum of £ within 14 days

 

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...