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    • and it legally informs them of your correct and current address as you must do with all old debts last paid/used in say 7 yrs you dont want backdoor CCJ's. what were the names of these IVA scammers, the one you took it out with, and the one that scammed you to let them take over please? your story is slightly worrying. dx  
    • Incidentally, congratulations on not buying the warranty. That is another Big Motoring World rip-off. See what we have to say about extended warranties and the Big Motoring World attitude to them is particularly unhelpful
    • well that google is from 2019, but the photos are certainly of someone driving on the public highway in/out by an ANP system, though the site of where the camera actually is, is not showing there are anpr cameras up by the low yellow barriers but they wont get from facing shots from there. interesting, needs to be checked if the road IS a public highway but on private land, cause as you say, if the whole area is max 4hrs , how does the hotel work< ?? must have a reg entry system.  now as for taking pictures of cars on a public highway then guessing the are parking ...erm.... i dont thnk thats right nor allowed under GDPR. dx  
    • Under the consumer rights act 2015, if a defect manifests itself within 30 days and you have a right to return the vehicle for a full refund. If any defect manifests itself within the first six months of ownership then you have a right to return the vehicle for a full refund subject to the retailers right to carry out a repair. If the retailer declines to repair or if the repair fails then you have the right to return. The problem here is that you have to assert their right. It's a bit ridiculous – but you have to do let them know preferably in writing that you are asserting your rights under the consumer rights act either the 30 day right or the six month right. I suppose that you haven't done this – which would be quite understandable because most people don't know that these rights exist and that they are subject to these conditions – the condition that the right must be inserted. It is frankly ridiculous. The dealers know it and we have lots of instances of this company delaying appointments et cetera and our strong suspicion is that they are simply trying to run their customers out of time. On the basis that you haven't asserted your rights, we now have to look to ordinary contract law. You are entitled to purchase a vehicle which is of satisfactory condition and which remains that way for a reasonable period of time. Clearly it is in satisfactory. They are blaming you. Has your independent inspection identified the reason for the defect? This will be important because as you have seen BMW are already saying it is down to your driving and you are going to have to produce evidence that it wasn't down to your driving and the you drove it absolutely reasonably and it was simply the condition of the car. Have you been without the car for any period of time. Is it driveable now? If the car was off the road for a substantial amount of time and was still off the road then you would be able to argue that this is a fundamental breach of contract and that you have been deprived of substantially the whole benefit of the contract and therefore you will be entitled to treat the contract as breached by Big Motoring World and insist on cancelling the contract. It may be that you will eventually be obliged to keep the car but have the repairs paid for. Have you had any quotations for the work that needs doing? I asked you questions about the MOT – but you haven't responded.
    • A 'violent left wing mob', comprised of a chap in a red hoody with a damp polystyrene coffee cup and a bit of wet cement, gets nowhere near cowering frightened farage some distance away on top of his double decker bus .. as farages security and support seem to film the incident grinning     Farage bravely flinches, grimaces and seems to almost burst into tears as the 'objects managed to travel a part of the way toward his position on top of his bus. His reactions honed by having a bit of milk splash him at a prior incident allow him to swiftly fall into a protective cower and grimace .. .. Sometime after, once the mob of 1 had been safely bundled away, farage apparently wipes his eyes of tears, and rising from his cowed and frightened pose, bravely shouts “I will not be bullied or cowed by a violent left-wing mob who hate our country.” .. however few they may comprise of.   https://www.independent.co.uk/news/uk/crime/nigel-farage-cement-barnsley-reform-uk-b2560501.html  
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Fireman V Nat West


Firemansam
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Michael

 

Thanks for that Q4 was the "Proposed Directions" which i have now ticked No.

I think that is it now i will get theses back to the court and see what happens next. How many copies are required i am not sending any copies to Cobbetts they can squat, no doubt the court will do that if they want a copy as i wouldn't get a copy of Cobbetts AQ out of courtesy?

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Michael

 

Ok i have finished it all now printed three copies off will send one to courts one to cobblers and one for myself. Will get it in early and sit and wait for a reply. Whats the next event i can expect?

Thanks for all your help thus far.

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Hey Fireman...

 

I've just come back from a trip to find a registered letter from Cobbetts... and full settlement enclosed!! All penalties PLUS interest PLUS 8% cummulative interest!! £1620.

 

I called them to ask about the second account that I claimed for at the same time and they've confirmed that a cheque is on its way for that one too - again full settlement, in excess of £2500!

 

I didn't even have to return the Allocation Questionaire to the court as its all been done now!! Amazing!!

 

I've yet to update my own thread... I'll do it at the weekend when I have more time.

 

Good luck with your claim, hope they settle quickly!!

 

Smirk :D

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  • 2 weeks later...

Hi Guys

 

Just received a copy of the defendants AQ through the post, a bog standard reply saying about the claimant failing to particularise the claim,

Case management directions cannot be proposed until the claimant fully particlarises his claim, in light of this , the defendaent may amend its defence or apply to strike out.

 

My gripe is this is all it says when you get a charge on your statement "Charges" it doesn't tell you what it was for!

 

Anyway is this the standard reply?

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Completely stand drill from cobblers. No need to slip and pitch. Just follow the drill from the court. Pardon the poor fire service terminology.:)

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Spoke to the court today to see what the next stage would be and whether i can expect anything through the door in the next couple of weeks, was told now that the judge will set a court hearing and could get a wait now of up to 8 weeks before having to go to court! Is this standard if so can i start preparing my court bundle once i get this date through the post?

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The court date is usually a good sign as Cobbetts will be notified of this date too and this is usally the push they need to get that cheque written out for the full ammount.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Firemansam,

I t has been 5 weeks since the court received my AQ. I have phoned the court, and they tell me i shall hear shortly. Waiting game i am afraid :( . I think some courts are snowed under.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Parkvale

 

Well i see you are still waiting, i too phoned the courts today to see what the score was and was told it has now been transferred to another court as the one i sent it too was snowed under so hoping it will get sorted soonest. It worried me at first why it got transfererred but then the lady explained that they are trying to speed up the process, and that none of the cases have ever gone all the way. :D Did you in your claim put something in reference claiming interest on a daily basis, i was reading Fendy's claim and she is also claiming £3 odd on a daily basis as well which is great! When i claimed i used all the templates on this board but i didn't see anything with reference to the additional % on a daily basis until the claim is settled?

 

Good Luck and keep us posted we are nearly at the same level i think you are slightly in front!

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Im nearly there too. Only a little behind. Fendy xxx. Im utterly addicted. I just love hearing what tactics Cobbets have employed thats new. Although reading most threads they seem to be desperately running out of new material to stump us all with. They seem to stick to trying to confuzzle us all with the super legal techno uppity bummy speak. Legals, crikey, wonder if they ever speak in plain English. Ha. Keep up the fight and the patience. Fendy xxxxxxxxx

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Spoke again to the courts to see what was happening and was told that the judge has put a 1month stay on the proceedings so that the two parties can reach an agreement. I will wait for the paperwork which should be in the post tomorrow and then ring Lynsey Burgoyne at Cobblers. I was told that the judges are getting really annoyed with the amount of bank charges going through and they ALWAYS get settled before the actual court date. So here is hoping!!

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Firemansam,

Now in my 7th week of waiting for court directions since my AQ was received by the court. It looks like the long game i'm afraid.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Parkvale

 

Did you get a stay? That is what i have got the woman on the phone said that the judges are getting well annoyed with the banks and this is why they have ordered a stay. These just do not go all the way i was told. So hopefully not that long to go now! Good luck with yours though i am still watching. What has the courts said anything?

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No stay. Just a " The judge is looking at it. " everytime i ring up. I feel that the courts are thinking that they will be settled before directions are given. So that is i presume why they are not rushing. The courts are having a game of poker with the banks. They know that their is interest accumulating on all these claims. So this might be the seige mentality by the courts to force the banks to pay up.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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  • 2 weeks later...

Parkvale,

 

Hi how are you getting on? Well i spoke to Cobblers last week to see if they got a copy of "The Stay" from the courts and was told that it is currently being deciding on which way this is going with the bank, so fingers are crossed at the moment and will give them another ring tomorrow to see if they have an update. Good Luck!

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I'm fine thanks. Sounds quite promising with you, but don't take you eye off the ball. Because it has a nasty habit of hitting you on the back of the head. ;)

They may well throw in the towel. Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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