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    • Ok, so just been to see my friend, she still has her head firmly in the sand and had a pile of unopened post, thankfully nothing serious apart from this case!    In answer to your question it says N24 General Directions Order at the bottom of the page, then on page 2 where the line says "As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) " this is N271 Notice of transfer of proceedings.  Within the stack of letters I found 2 from Kearns Solicitors,    02-12-2022 Document pack with covering letter stating under the s78 CCA please see enclosed  1) A copy of the executed Credit Agreement, 2)  A copy of the terms & conditions 3) A copy of the varied terms & conditions applicable at termination / assignment, and  4) A statement regarding the conduct of your account as requested by s78(1)(a) to (c)  (Would you like me to describe the documents attached?)   18-02-2023 Generic letter asking for her to contact them to discuss settlement or they will take to court for further legal action. 
    • well you made the cardinal sin by phoning these scammers at least once so their persistence could go on. however you are new so there you go. you never ever ever phone any of these likes of scammers on these fake schemes that seem plausible.  just like a DCA chasing any old debt .. they are NOT BAILIFFS and have  ZERO legal powers to actually do anything. dx  
    • Okay understood now just based on personal experience how long does this go on for 
    • civil recovery schemes run by the likes of RLP DWF etc etc are a scam. totally IGNORE EVERYTHING. no if's or but's dx  
    • I’m 17 years old and Received 2 letters from dwf with my name spelt wrong and they are asking for for £230.40. I rang dwf civil recovery the first time upon taking advice from citizens advice to explain to delay to deadline as I was in the process of receiving advice which wasn’t much help. When that deadline was done I then called again to delay the deadline as I’m struggling financially and it’s lot of money they are asking for and I tried to dispute the cost to which they said okay we will delay it another 7 days for you to dispute the cost but I asked them how do I dispute this to you or Sainsbury’s and they said “we can’t advise you on this matter” I’ve read a lot of threads saying to ignore them but I was unsure now as I’ve made contact and have tried to dispute the payment and pay it which might mean I have admitted. Would they just persist harder and take me to court eventually or file for a ccj.   I would like to ignore them still but I would like to send a strong email so they know I’m clued up and then ignore them. I also want to pay the reasonable amount and get this matter solved. any advice on the law or similar situations are helpful when I called them I asked for an itemised bill. £101 stolen goods  ( supposedly caught me because they watched me on cctv over the duration of the week) also why did they not stop me in the first day. £20.40 recovered goods £150 security costs     Thank you 
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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German car shop in Leicester wont take car back 8 days after purchase.


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Don't reply. Get the MOT done on Monday.

This is extremely important – as you can see

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Check that the car starts up okay over the weekend. You don't want to be suddenly caught by surprise and miss the MOT appointment. That would be very serious

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Ignore the message. Get the MOT.

When you get to the MOT people, asked them to take pictures of anything they can – especially any defects they notice.

If they want to charge you extra for this then pay it. It's not problem

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Still waiting for a reply.  There is something very suspicious about the way you are acting.
Its a very simple task. Please stop obstructing our investigation. We are currently collecting evidence and you are not complying.
 
Just incase you dont recall, as we have already stated.. if you tamper with the vehicle or create fake evidence in any way... we will find out. 
 
Please start complying.  
 
If you wish to settle on a "buy back" amount in the meantime (whilst we are waiting for credible evidence). Providing the car hasnt been tampered with.  We may have a customer willing to purchase the car. 
 
If you wish to discuss.  
 
Call me on xxx
 
Kind regards. 
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Ignore. Get the MOT

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Good morning.
 
Although you have completely ignored our request for the garage details. We managed to find them anyway.
 
We have spoken to your mot tester who has informed us he already plans to fail the infiniti you have booked in for monday. Therefore we can not allow you to have the mot tested at his garage.
 
To have a fair and independant mot. The garage has to be one that is not familiar with either of us. The fact you already know the garage and the fact he already wants to fail the car before testing it on an official mot ramp may be seen as unfair in the court of law. Therefore our only solution for you is to have the mot done at an independent garage which i will arrange and pay for.
If you do continue to have it tested at this particular garage we will void the claim (under suspicious circumstances) and you will have to wait to have the matter seen by a judge. This could easily lead in to next year depending on our availability. 
 
Alternatively, we have it booked in independently. Once they have reported back to the both of us with their findings. We can agree on a settlement inline with our terms of sale. If you choose this option you could potentially have the matter finished by the end of this coming week.
 
Please note that if you genuinely have nothing to hide then please comply.
 
This option will ensure the inspection is done fairly and will ensure any faults are properly acknowledged for both of our records. Please acknowledge that we are not trying to get out of refunding you.
 
We just need to ensure any diagnosis that is done, Is a genuine one. 
 
Kind regards.
 
Maybe I shouldnt chose the same garage I have report from . As they probably rang there
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Book in for an MOT at another garage for Monday.

Send the dealer this message

 

Quote

Let me know the name of the MOT garage that you are proposing. Also let me know details of how you would propose to pay them.

I will make my own decision about what action to take. I may well have the test done at both garages.

Don't try to frighten me with your talk of extended delays. I consider that this is bullying and harassment and it will be brought to the attention of the court.

There will be no agreement on settlement terms of sale. If the MOT is a failure as I fully expect, then I would expect a full refund and your removal of the vehicle within a very short space of time and I will require repayment of the money as a condition of releasing the vehicle to you because I do not have any confidence in you.

In the event that I start legal proceedings against you – don't forget that you will be incurring a daily storage charge +8% interest.

 

 

I suggest that you try and book it in for a different MOT station on Monday. But we need something done on Monday.

I still have no problem with you taking it to your original MOT booking – but if you can find a different one then go ahead.
However, don't cancel your existing Monday appointment until we have everything sorted out. Even if you end up going for three MOT's, there is no problem.
 

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Well obviously you're not going to be able to make them the same time, I suggest that you go through your originally planned MOT. Then try to find another one for Tuesday and if the dealer replies with the name of his one then let us know and you should make another early appointment.

If your boyfriend can take a day off work then that will be helpful

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Don't tell each MOT station about the other. It is better that each of them don't know that there is another test occurring.

It's all a terrible nuisance – but we are trying to put you in the very best position to succeed if you have to go to court.

However, once you get the certificates – assuming that they are failed certificates, then we will send them to the dealer and continue with your timeline for issuing proceedings. If the MOT tests pass the vehicle then we will have to have a serious think and you may not be able to return the vehicle and you may simply have to carry out repairs and then claim for the cost.

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So the dealer has come back to you with a suggested MOT station?

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If he doesn't come back to you by midday, then send the following message

Quote

I'm still waiting to hear from you about your proposed MOT testing station.

If you delay and it is not possible to arrange a test in time then don't forget that the clock is still ticking on my letter of claim

 

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will look into the garages today.
 
Nobodys bullying you. You can claim what your like.
 
My terms are simple. 
 
Its done at an independant garage not both. If i can get someone to inspect it at ur house i will. But if not i will let u know the garage details.
 
Well yes ofcourse you are going to maoe your own decision... who else is going to make it for you?
 
In the event you start legal proceedings please note we offer free storage so you can not legally charge me for that.
 
Kind regards  
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Ignore and send a reminder if you haven't received the name of a testing station by midday

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I don't see any problem with doing to them on the same day.

It doesn't matter what the garage MOT station knows or not. I agree that you can't do it on the Monday. If the garage replies then do it on the Tuesday.

It's not very important that it would be nice if they didn't know about each other. No need to panic

On 04/06/2021 at 11:26, Aga.misia said:

I m panic a bit  now , as they will probably know . What can I say to second MOT ? 

Please stop panicking. There is nothing wrong with getting second or third or fourth or even first MOT's. Just carry on about your business.

Don't pay attention to the two posts which have just been put up by @Manxman in exile. They are not relevant and merely a distraction and they will divert the discussion and the problem.

I have deleted them from the discussion because they are not relevant

Please simply pay attention to the advice that I'm giving. We are in control of the situation. Don't go back into panic mode as you were a few days ago. You are doing really well

Don't volunteer any explanations to anyone. You don't owe explanations to anyone – but on the other hand if you are asked simply be honest and straight dealing.

Ask anybody who carries out any inspections to take photographs if they can. In respect of the photographs, you can say that you are in dispute with somebody and that you need photographs especially of the braking system

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Well I'm sorry if you think it better that the OP not be forewarned that she might be asked the question so that she can prepare appropriately.  It's quite clear from the OP's posts that they are quite anxious about this so it makes perfect sense to me - if not to you - that she be aware of the potential issue.  Yes, she may not be asked the question but if she is, better to be ready to answer it than to be struck silent in panic and surprise.

 

Can you explain to me precisely what was wrong with my two posts you have deleted?  An explanation would help both the OP and me to understand why you consider them "irrelevant".  It would also be more courteous to simply explain within the thread why they were wrong - if they were - and why the OP should ignore them rather than just deleting them.

 

I do not understand what is wrong with my simply telling the OP that the question may be asked, and to be open and honest with the answer if asked.

 

I also consider it poor etiquette to mention me by name, say my posts are "irrelevant", but then delete them so that readers are unable to judge whether or not your opinion is correct.  You should leave them there, explain why you consider them wrong, and let others make up their own minds.  I wasn't aware this was a totalitarian forum.

 

But etiquette may not be your strong point.  I remember you unjustifiably and wrongly accusing me of being a troll a couple of years ago on the MotoNovo Jaguar thread simply because I was offering the OP a more balanced and measured view than your own - in fact you made the entirely ludicrous, fatuous and untrue assertion that I must be a representative of the motor trade!

 

I didn't make a point of that at the time, but I'm beginning to wonder about your hostile and aggressive attitude to other posters who have the temerity not to agree wholeheartedly with you.

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Did you send the midday reminder?

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The Dealer still havent come back to me.

He is very akward and bully .

How can I be sure the MOT centre he chose will not benefit him ?

I cant believe MOT I booked with told him about my appointment  , he must be is lying

. He has also no intention for settling the case or even pay for repairs .

Probably he will not accept return car either and will make small claim court process very long like he mention

.I made very bad decision purchasing car from him and he seems to get away with it.

 

Yes around 1 pm

Edited by Aga.misia
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