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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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      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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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CEL ANPR PCN - POPLA unsuccessful -PAPLOC - Now Claimform - Morrisons, Butterfly Walk Car Park, London SE5 8RW - paid have receipt too! ***Claim Discontinued***


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Good Evening all, 

 

I am about to submit my defence. Last day is tomorrow (7th November). 

 

There is a section that ask if I wish to make a county claim? I mean, I would like to claim for my time preparing for this. Is it appropriate? Or shall I leave it for now and wait until their claim is dismissed? 

 

Many thanks! 

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costs dont enter into things until/ unless it gets to the WS exchange etc then its an add on 

 

do you work, will you have to take a day off work?

 

dx

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes I do work and if I do need to attend court, I will need to take a day off work. 

 

For now, shall I say 'Yes' I would like to make a county claim or 'No' and just leave it? 

 

If I select 'No' and leave it and I do have to go to court, will I be able to make a new county claim and claim my time for going to court? Or is it better to put it on the defence now? 

 

Thank you Dx

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you do not counterclaim ever.. where did you get that idea from?

 

if you take time off work and you eventually win, then you stand to get atleast £90 in costs.

 

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Oh right. It was on the defence form. One section asks if I wish to make a counterclaim. I haven't submitted yet, was waiting for you guys to advise. 

 

I will select no then submit. 

Thanks a lot, Dx. You are amazing!

Edited by Annabooo
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  • 5 weeks later...

Hello All, 

 

So after submitting my defence earlier November, I haven't heard from anyone. 

 

Court wrote to me explaining that they have sent a copy of my defence to the claimant, and they may contact me directly to attempt resolve this dispute. If the dispute cannot be resolved informally, the claimant will inform the court that they wish to proceed and then the court will inform me what will happen.

 

Claimant have 28 days to contact the court. I haven't heard anything from anyone. It has been over 28 days. I have just logged into my MCOL and the claim is not there anymore. 

 

Does that mean they are not proceeding and I can forget about it? 

 

I was getting excited!

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if the claim gets autostayed, then it simply remains as the last status is your defence filling.

 

if the claimant has issue a notice of discontinuance, they usually copy it to you too.

in either case, mcol still shows the case.

 

i suspect its simply an mcol database error which is VERY common.

try again in a few days.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Oh right, I have just logged on and it is there now. How strange. 

So now the claim is currently autostay. I believe if they still want to proceed, there will be an extra cost to lift autostay because it has now passed 28days. 

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I'd not be flying a flag for another week or 2.

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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std letter means nothing.

go read like threads

 

simply sent to harass and intimidate.

watch status to see if n180 gets mentioned.

 

dx

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes I am aware. Will watch my MCOL to see if it changes. 

I have read the threads previously and can see each step that is happening. 

 

WWW.DAILYMAIL.CO.UK

EXCLUSIVE: The parking giants are on track to demand up to £1billion in fines this year because the Government has withdrawn parts of a long-awaited code of practice.

 

I saw this last week. Crazy how they make so much money!

 

  • Like 2
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I always do my research and read up before I ask questions. Thanks HB. 

 

I also have the court letters sitting on top of my desk to remind me to follow up on it with all the dates in my mind. 

 

This group has been amazing, and I am forever so grateful for the support. 

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Mediation is of no use in a parking case as its either you pwe or you don't so a pointless exercise.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 2 weeks later...

Hello All, I hope you are all nearly ready to celebrate Christmas this weekend! 

 

I want to keep this thread updated. I have received a Mediation letter at the beginning of December and then yesterday DCB Legal sent me another letter saying their Client is prepared to make me an offer to conclude the matter. 

My MCOL says: 
 

DQ filed by claimant on 13/12/2022

DQ sent to you on 13/12/2022


But I have not received a DQ from the court due to post strike! Hopefully it will come through soonest so I can deal with it. 

Also, DCB Legal still hasn't responded to my CPR requests I have sent about 2months ago! 

Do I just wait for the court to send me the DQ and watch out for N180? So far, I don't see anything about N180. - Many thanks

Hope you all have a wondering Christmas break!

Mediation Lett Dec 2022.pdf Offer Letter Dec 2022.pdf

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https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (read all the posts in N180 link above for the reason)

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If you're worried about missing court deadlines, simply download the form and fill it in.  It's just a short, simple, form.  There's nothing special about the version sent by the court.

 

https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track

 

Following dx's instructions, fill in & sign one version, then scan & e-mail it to the court.  Make sure to put the claim number and the names of both parties in the subject field.  Click on "Return Receipt".

 

Send the fleecers' theirs without a signature, 2nd class post as that's all they're worth, and get a free Certificate of Posting from the post office.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (read all the posts in N180 link above for the reason)

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you both so much! I didn't realise the DQ is N180. What would I do without you guys. 

I will download the form and fill it in and then send it to the court then. 

I hope you all have a wonderful Christmas! Will update this thread in the New Years with some good news!  

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And their sols .

Read and follow the guide I posted carefully.

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thank you DX. I will follow your instructions carefully. Today, the DQ came through the post and the deadline to submit this is on 30th December 2022! 

I have filled out the online DQ and would like to send it by email because the deadline is soon. I have been reading on MCOL and there is only 1 email address - [email protected]. Is this the correct email address I can send my pdf version to? 

I will also send a hard copy by special delivery tomorrow and a 2nd class copy to CEL & DBC Legal (the unsigned version). I will save an electronic copy onto my laptop. 

Again, many thanks for your help! 

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The e-mail address is fine.

 

You don't need to send to both CEL and DCBL, just to the one address they put on the claim form for service of documents.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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MCOL is only one way of responding to a claim. 
(AOS, DEFENCE, N180 ETC)
.
If you are having problems logging in, or would prefer not to use MCOL
you can fax, email or post your response to the Court instead. 

If you send your response by e mail 
please send it to [email protected] 

ensure you quote “Claim number xxx xxx (type of response i'e AOS , Defence, N180)” in the subject field. 
.

though i would not worry , you cant really be penalised for it being late. 

whatever you do dont ever give the fleecers an email address

 

dx

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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5 minutes ago, FTMDave said:

The e-mail address is fine.

much better to use the specific email set up for active claim responses.... not the general northants court email.

 

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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