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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
      • 160 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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the missus v halifax **WON**


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just spoke to MCOL help desk...they are about to e mail me some guidance notes on filling in the N244 form together with the actual application pack that you have to fill in and that gets served to the defendant and to the judge...will give more info when i have it and have studied it....

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so .. here is the guidance sent to me by the MCOL help desk for the N244 form

 

 

N244 - toChange the Particulars of Claim (I have attached this form to this email)

  • Ignore the top left hand box as this is for court use
  • Complete the sections on the right hand side of the box
  • In part A 1, state the your name, in part A 2 the order that you are applying for, in your case to change the particulars of claim, increase the amount claimed and re-serve , in part A 3 briefly state your reasons why
  • In part B, please tick the box that states, evidence in part C to support my application
  • In part C you will need to go into detail why you need to change the particulars and increase the claim amount.
  • Please sign both sides of the form

Please enclose the fee of £35 for this application and make your cheque/Postal Order payable to HMCS.

 

You will then need to download one blank N1 claim form as follows:

  • Go to www.hmcourts-service.gov.uk
  • On the menu click 'Information about'
  • Click N and then click 'Northampton Bulk Centre'
  • On the right hand side in 'Our Centres' click Money Claim Online
  • On the right hand side in 'Further Information', click N1 blank claim form
  • Click link to blank N1 CPC Claim Form
  • Then type exactly the same, word for word, from your reference copy onto the downloaded blank N1 CPC Claim Form
  • Print off completed N1 CPC Claim Form and make your amendments in RED pen.

Return your completed N244, (with fee £35) and amended N1 claim forms to:

 

Northampton County Court Bulk Centre

MCOL 4th Floor

St Katharine's House

21-27 St Katharine's Street

Northampton

NN1 2LH

 

We will then return the re-sealed N1 Claim forms to you. Before you post them out, you will need to enclose a claim Response Pack in the envelope to enable the defendants to respond to your claim. The Response pack consists of 3 forms:

  1. Acknowledgment of Service/ Response Pack (PDF 321 kb)
  2. Admission (specified amount)
  3. N9b, Defence and Counterclaim (specified amount)

These 3 forms can be downloaded from www.hmcourts-service.gov.uk. When on the home page, click 'forms and guidance' in the menu bar on the left hand side. In the field marked 'Form Number/Leaflet Number', type in the form number (i.e. N9, N9a or N9b) you wish to download and click 'find form' on the bottom left hand side. Print off 1 copy of each for enclosure with your claim form. The defendant should be in receipt of a re-sealed amended claim form and a response pack.

 

I hope this information will enable you to re-serve your claim forms successfully.

 

Regards

 

 

well , looks like i have a bit of work to do !!! teach me to b~~ls it up in the first place!!

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so here is what i have put on the N244 form so far,

 

part A , 3 , information in particulars of claim were incorrectly transferred to the summary box on the original claims form, and additional charges levied since the start of claim

 

 

 

 

Part C.

The particulars of claim, on the original claims form, sets out the details of reclaim of penalty charges levied against my account by the defendant banks amounting to £3866,

The particulars of claim also sets out the details of the claim in respect to interest under S.69 county Courts act 1984 of 8% APR amounting to £864, + daily rate of interest of £0.226 until judgement or settlement of claim.

There was an error when transferring the information from the particulars of claim to the claim summary boxes, causing the interest portion of the charge to be omitted from the financial summary on the claim

I therefor wish to aamend the amount claimed, and the total amount claimed, to include the interest of £864, this being the as stated in the particulars of claim

Additionally, further charges have been levied against my account by the defendany bank since the commencement of this claim.

 

 

im not to sure i have have described my reasons adequately, any advice would be greatfully appreciated

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well in the absence of any replies i have sent the N244 form and the new N1 form off to NCC bulk centre...

a couple of the points on the guidelines were a bit unclear so i had to call them a couple of times...unfortunately i did get different advice on the same points from each person i spoke to when asking for further clarification!!!!..so in the end used a combination of it all!!!

 

so i added in the end i updated the interest claimed up to yesterdays date, and this time made sure i carried it over the the summary box correctly, and added one further charge we have had since the claim started.

 

the claim now stands at £4906 including costs and interest. Halifax have paid out £3986 in charges and costs so effectively we are just arguing over the missing interest , which at £900 is not to be sniffed at

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Glad to see you got it sorted. I did pm a mod for you, but im assuming you didnt get a reply. I know they have been extra busy with what happened with Lloyds,

Let us know when you get a reply.

 

Thanx for putting the form up. Its handy to bookmark.

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Hi SSL,

no problem, as you say i guess the mods have their hands full right now with the lloyds victory, and having to supress some of the intial panic!

 

your advice to phone the courts was as good as any i could have had so thank you for that. They were extremely helpful even though i did get some slightly conflicting advice... any way its don and gone now so fingers crossed!!

:)

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so. n244 form and £35 sent off last week. Received letter yesterday from HMCS confimring receipt and that it will be put before the judge but this could take up to four weeks.

 

no further news from halifax. so far they have paid up the £3866 aqnd the £120 cost but not the £900 interest, so at this point allowing claim to proceed.

 

checked HMCS MCOL status of claim know showing defence.

 

Halifax wont be aware yet that i have submitted an application to ammend the particulars of claim to ensure that the interest detailed in the POC's gets transferred into the summary boxes. I was thinking of writing and advising them of this fact, see if prompts them to pay the remaining £900. Any thoughts

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You could always ring customer care at mcol and see if it has gone through yet.

 

They should be able to let you know what is happening.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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ok ...looks like we are getting to the nitty gritty... and i feel i will need some guidance here. Just to re-cap

  • claiming £3866, + £120 costs plus intrest amounting to approx £900
  • halifax have paid £3866 + £120 and declined to pay the interest
  • payment accepted as part payment of claim halifax notified accordingly and advised claim continuing in to recover interest as stated in poc's
  • hailfax reason for not paying interest, although interest amount detailed in poc this figure was not included in the cost summary box of the form (my cock up, others be warned!!)
  • i filed an N244 amending claim to include interest as stated in poc in summary boxes of claim form, also added additional charges incurred since start of claim

So, today i have received notice that the case is transferred to birmingham county court, the judge has ordered the AQ be dispensed with unless the judge at the court of transfer orderes otherwise.

 

halifax defence basically sets out details of the terms andconditons as its defence for points 1 through 4

For point 5 it states that the halifax , without admission of liability,has refunded the amount of £3896, thereby settling the claim in full.

Point 6 "it is thereby submitted that the claimants claim has been settled in full. The defendany therefor asks the court to excercise its discretion pursuant of the CPR 3.1 (2)(m) to strike out the claimants claim on the basis that she has no reasonable grounds for proceeding with itas it has been settled in full"

 

so the n244 which was submitted a couple of weeks ago is still somewhere in progress. i will phone MCOL helpline tomorrow to find out the status.

 

so what next? i guess i have to start putting together the court bundle? It would seem at this stage that the N244 is crucial. Hailfax will not be aware of this application as it still has to be served on them assuming the court approves it.

i feel it may be worth notifying hailfax that the N244 was submitted several weeks ago and the purpose of it as it may prompt them to settle. Any advice greatly welcomed at this point:confused:

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any commenst on the last posting???

 

looking through the paperwork from the court it states that "any party affected by this order may under rule 3.3(5) apply to have it set aside, varied or stayed, within 14 days of service of this order. should i be requesting a stay to alow the n244 to be processed?

 

one question, the n244 application that was submitted in may, will this have been passed to brimingham county court with the case or will it still be prcessed and reviewed at northampton and then passed to brimingham?

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am i right in assuming that the application notice, N244 also transfers along with the rest of the case to birmingham, for the judge to make a decision on whether to allow it or not?

 

the ordre trasnferring it to birmingham by the judge disoenses with the need for AQ. so do i proceed as per bankfodders posting and submit drfat order?

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html#post482148

 

also , i have not advised hailfax that the application for order was submitted on the 17th may, was waiting for advice on this?. it may just gee them up to settle as they still wont be aware of this as it has not been served yet? and on that point , will i receive notification on whether the application has been alowed, i would assume i would?

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Yes the N244 should transfer over.

 

Have you read this..

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

 

It wont hurt to tell them, and yes you should recieve notification on everything.

HOW TO...DUMMIES GUIDE TO CAG...Read here

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F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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thanks for the reply SSL,

i ahve just drafted a leter to halifax, advising them of the filing of the n244 on the 17th may, and outlining the details of the application, and then encoruaging them to settle the remainder of the claim of £938 in repect to interest + one additional charge since claim filed.

 

 

i will read the th post on the link you gave

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so i have read the draft order for instructions as per the link SSL gave. So do i send this now without waiting to hear from Birmingham CC. Once sent, i then need to provide my information within the 14 days from the date of service without waiting to hear further from the court? or do i wait to see if the judge goes with the draft order??

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received today notice of allocation hearing

 

District Judge Cooke has considered the statements of the case and has allocated the claim to the small claims track.

 

the hearing of the claim will take place at 15.00 hours on Friday 29th June 2007 at Birmingham County Court, Civil Justice Centre,

 

1 This case is one of a number listed on the same date. Both parties must be ready for trial on that date. depending on the number of cases proceeding on that date, the judge will give directions as to the order in which they will be heard, which may involve grouping cases raising similar issues and/or adkourning some cases to a later date.

 

2 If the claim is settled , the claimant must promptly give notice in writing to the court stating that the claim is discontinued.

 

3 Any party may rely as evidence on a statement of case (if verified by statement of truth). Evidence of witnesses will be given in writing only, by way of sworn affidavit or witness statement verified by statement of truth

 

4 Any witness evidence of documents to be relied on by the claimant must be filed at court and served on the defendant not later than 21 days before the hearing. Any witness evidence or documents to be relied on by the defendant must be filed at court and served onthe claimant not later than 7 days before the hearing

 

5 it will not be necessary for any party to file or exhibit a copy of the OFT report "calculating fair default charges in credit card contracts" though it mat be referred to in any written evidence.

 

6 Each party must provide its document and written evidence (including a copy of any statement of case relied on) in a single bound paginated bundle clear;y marked on the front with the case number and names ofd parties

 

7 No cross examination of witness will be pernitted, except with the permission of the court

 

8 No expert evidence is permitted (this does not prevent a suitable witness on behalf of a bank or credit card provider giving evidence of fact as to the manner in which charges are determined by it)

 

9 The claimant mustif she has not already done so include in her bundle of documenst a full list of charges disputed, specifying teh date and the amount of each and the reason given for it

 

10 If Any party releis on written submissions or a sjkeleton argument it must be filed at the court and served on the othe r party at least 2 days before the hearing

 

 

 

point 4 refers to any witness evidence of documents to be relied on by the claimant.. etc ...this isnt the court bundle is it as i could not possible file this 21 days before the hearing as i only had the notice today

 

my partner does not want to attend, the notice states that if she does not wish to attend she must give at least 7 days notice to the court, thats not posible as we only received the notice today and the hearing is in seven days! is it possible for her to moninate me to attend on her behalf?

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HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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hi sea-side lady,

sorry if im being dim but i am still confused.. the notice from the court is headed Notice of Allocation to the Small Claims Track (Hearing), bu tthe first line in the main body of text states "District Judge Cooke has considered the statements of the case and has allocated the claim to the small claims track".

 

i am reading this as the judge has already allocated it to the small claims track , or have i got this wrong?

 

it is also asking for documents to be submitted 21 dyas before the hearing trothe defendant and 7 dyas to the court, but i only received it seven days before!:?

 

i read the link you gave and if it is an allocation hearing i can see what i need to submit but i am concenred about the deadlines given having already passed:???: sorry if im being dim

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received today notice of allocation hearing

 

District Judge Cooke has considered the statements of the case and has allocated the claim to the small claims track.

 

the hearing of the claim will take place at 15.00 hours on Friday 29th June 2007 at Birmingham County Court, Civil Justice Centre,

 

1 This case is one of a number listed on the same date. Both parties must be ready for trial on that date. depending on the number of cases proceeding on that date, the judge will give directions as to the order in which they will be heard, which may involve grouping cases raising similar issues and/or adkourning some cases to a later date.

 

Ho! Ho!

 

I think you are nearly there. On reading some other threads recently, I saw that the Bank's reps were rushing around in the waiting-room, trying to settle before the cases were actually heard. In one instance, the Judge adjourned the hearing by 2 hours to give them enough time to do this!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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im still not sure if i have to submit the full bundle of just the stuff for an allocation hearing. also not sure of the deadline for this, thats what im looking for advice on

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have just spoke to the court prep office, they told me it is a FINAL HEARING!!

i pointed out that it is not possible to meet the deadlines for submission of evidence as there is only seven days between issue of notice and the hearing.

so she said thats not your fault so just bring it all with you!! she said the bank charge sclaims are overloading them so things are no being arranged at short notice.

 

i have to fax them a letter saying my gf wont be attending but i will attend in her place.

 

have to say im a bit apprehensive. looks l will be doin a lot of reading this week. will have to try and get court bundle together today.

 

so is there a particular format for the bundle?

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