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    • HI DX Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared. When responding to the court claim does it need to be in spefic terms ? Or laid out in a certain format? Or is it just a case of putting down in writing how I have expained it on CAG?
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    • You have of course checked the car is now taxed and the £68 is stated against  the same reg?  If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty Dx
    • The boundary wiill not be the yellow line.  Dx  
    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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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.

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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.
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      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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Campervan fault Marquis Motorhomes **They paid up under threat of legal action**


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Latest repy from Marquis from the Dinnington branch general manager

 

Dear Mr Desnos

 

Autocruise Alto WA12CYH

 

I am sorry that you have had cause for complaint. Please accept my sincere apologies for any inconvenience caused in this matter.

 

I have carefully considered your complaint and propose the below.

 

In full and final settlement of all issues concerning the above mentioned vehicle that have been brought to the attention of, and discussed with Eddie Ruddy, I hereby agree to refund the amount of £120:

 

The offer is made on the basis of no admission of liability and in full and final settlement of all issues that have been raised since purchase. I would also like to make it clear that this is a one off gesture of goodwill and any future travel or outside contractor work will not be covered by Marquis South Yorkshire.

 

If you have not already done so can you please supply your bank details to Eddie Ruddy who will arrange for the transfer to be made on Monday upon his return to the office.

 

I trust our response and offer fully resolves your complaint and we wish you many happy travels in your Autocruise Alto.

 

Your Sincerely

 

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Please remind me, does this still leave you out of pocket or does this take care of everything?

In terms of their remarks relating to future travel costs or outside contractor work, – you can ignore it. If they don't step up to the mark then you are still protected by your consumer rights. They are unable to contract out of them – especially because they say that the claimant is a gesture of goodwill

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I would simply provide them with your bank details. I don't see there is any need for any further comment. Let's hope that if you have any further problems that they remember that you will stand up to them.

Simply say "here are my bank details".

If you have any further problems with the van then you have got an idea of the approach – and of course make sure you come here

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By the way, once the money is in your account, I suggest that you spread the word around all the relevant forums and trust boiler et cetera so that people understand that they are able to stand up for themselves.

I expect that there are a lot of people who simply accept their fate – when there isn't any need to.

Of course you can suggest that people come here for help

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I'm pleased to say that we received the payment into my bank yesterday. Didn't take them long did it once they made their mind up.

I can't thank you enough for your help with this.I will be recommending CAG.

 

I thought you might be interested in reading the email I've attached. I got an email from Eddie Ruddy concerning the bank statement but I think he missed that he was forwarding his email to the accounts department. Made me smile.

Thanks again.

 

 

 

Quote

 

From: Eddie Ruddy
Sent: 05 October 2020 10:14
Subject: FW: Autocruise Alto WA12CYH

 

Morning Ang 

I need to get a payment request form sorted basically wanted to reject van massive battle. Was potentially going to go on and on court etc etc

 Anyway I am struggling to get a bank statement need to pay him £541.42, £421.42 we will get back from Truma

 Any thoughts

 

Regards

 

 

 

 

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Well done – and thanks for this email which you posted up for us.

It shows that they are a bunch of bullies – and by and large they take advantage of the fact that the issues are generally speaking worth far more than the small claims limit a bit of extra muscle to intimidate people.

Because your case was for issues much less than the small claims limit, it gave you the upper hand and it gave you the muscle that you needed.

I'm sure they are fully aware of their consumer rights obligations that they decide to try and face it out for as long as they can.

Yes, do let other people have got similar problems know that we can offer some help and that all our help is completely free – although a donation or two to help us with our expenses, never goes amiss!

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  • BankFodder changed the title to Campervan fault Marquis Motorhomes **They paid up under threat of legal action**
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