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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 
      • 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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Its the claimants responsibility to serve Notice of Discontinuance on the the other party.

We could do with some help from you.

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Have a read of the last page of this thread  https://www.consumeractiongroup.co.uk/topic/454769-ukpc-court-claim-crownhill-retail-park-pl6-5us-no-parking-claim-discontinued/page/2/#google_vignette

 

This is what DCBL are supposed to do when discontinuing, so it's worth ringing them.

We could do with some help from you.

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Well well well. The court has emailed me back today and said: 

"I can confirm that the case has been discontinued by the Claimant. I attach a copy of the Notice of Discontinuance for your records. Therefore the hearing on the 14th is now longer needed and the court file is closed."

My case has been discontinued since mid June. They never sent me the N279! Bet they did it on purpose to keep me hanging and lead me on to think that it is still going ahead. Wasted my time preparing the Witness Statements and sending it over to the court. Glad I reached out to the court even though they were slow. Didn't want to waste my time turning up for no reason. 

Guys, I would like to say a big Thank You for all your support, I wouldn't have gotten this far without you guys. 

 

 

J9KF2G8V N279 - Notice of Discontinuance.pdf

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hit donate in your post.....:yo:

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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  • dx100uk changed the title to CEL ANPR PCN - POPLA unsuccessful -PAPLOC - Now Claimform - Morrisons, Butterfly Walk Car Park, London SE5 8RW - paid have receipt too! **CLAIM DISCONTINUED**

Excellent DCBL looking ever more like a cowboy outfit.

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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  • AndyOrch changed the title to CEL ANPR PCN - POPLA unsuccessful -PAPLOC - Now Claimform - Morrisons, Butterfly Walk Car Park, London SE5 8RW - paid have receipt too! ***Claim Discontinued***

Hello All, 

I have finally received the N279 from DCBL through the post today. 

The N279 sent to the court was signed back in 12th June.

The N279 sent to me by post was signed by another person on the 2nd August which I have received today 9th August (5 days before the actual court date). 

I believe DCBL/CEL deliberately sent it to me so late to lead me on to believe the court case will still go ahead. 

Just want to say better to get in touch with the court to find out the progress of the claim. 

All the best. 

Thank you CAG again for all your help. 

 

N279 Discontinance.pdf

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Once again, congratulations on standing up to these charlatans - and winning.

Thanks also for reporting back.  Your experience will help & encourage others to not give in.

As DCBL are solicitors, I suggest you complain about them to the SRA  https://www.sra.org.uk

We know the SRA will do Foxtrot Oscar, but it will be some hassle for DCBL who will have to explain themselves, and maybe possibly perhaps if eventually enough people complain the SRA might move their little finger.

 

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

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  • 2 months later...

Hello All, 

I have complained to SRA as suggested and today have had a response, took them 3 months to reply and I had to chase and follow up: 

I write further to my email of 26 October 2023 and can confirm that I have now considered all the information and evidence provided by both you and DCB Legal Ltd and that I have come to a decision.

Your concerns

I can see that you had raised concerns about the firm’s conduct when they were acting on behalf of their client Civil Enforcement Limited in respect of proceedings in the county court. In particularly, a Notice of Discontinuance was sent to the court on 23 June 2023, which was signed by K Hinton, in which it was stated “I certify that I have served a copy of this notice on every other party to the proceedings”. On 2 August 2023, a second Notice of Discontinuance was filed and served and this was received by you on 9 August 2023. You had alleged that a false statement was made in the Notice of Discontinuance dated 12 June 2023, since a copy of the Notice was not served upon you, contrary to Ms XXXX statement on that Notice.

We have not seen any information to suggest the firm has behaved unethically which we need to investigate

It is understandable that you would have concerns that a statement was made in the original Notice of Discontinuance that you were served with a copy of the Notice when this was not the case. An allegation of misleading the court, requires evidence to suggest that the firm or individual knew at the time of the statement was made that they were aware that this wasn’t the case.

However, the firm has confirmed that in this case, due to a technical and administrative error, that only one copy of the Notice of Discontinuance was sent to the Court by email and the copy for service on you was not sent out due to a system error. They have explained that as a firm, they use a postal service provider and despite a request for the notice and a covering letter to be sent for printing and posting by the postal service provider being raised on 12 June 2023, due to a technical issue, the letter was not sent out. They say that the case management system is set to serve both parties (the Court by email and the Defendant by post via the postal service provider) to ensure compliance with the CPR, but on this occasion, it appears it did not function as expected. They say that the file handler appears to have completed the actions correctly on the case management system, so it appears that this is a case of a genuine administrative error when the data was sent to the postal service provider for posting. They say that upon the Court contacting them on 1 August 2023, and of their being made aware of an issue with the Notice of Discontinuance not having reached the Court file, they revisited the file and to err on the side of caution, and to ensure compliance with the CPR, they filed and served a new notice of discontinuance.

Although it is understandable that you would have concerns, mistakes are sometimes made and, in this case, there is nothing to indicate that the firm deliberately attempted to mislead the court and therefore acted unethically, in breach of our rules.

I am sorry that we have not been able to help further on this occasion.   

I find this very hard to believe. I strongly believe the court would not have contacted the claimant on the 1st August if they didn't receive their Notice of Discontinuance because by then it would have been too late because they didn't pay the court fee and the case would have been a 'Struck Out'. On the 1st August, the Court sent me their Notice of Discontinuance which they already have on file so no need to contact the claimant also.

All Rubbish but enjoy reading! 

 

Edited by Annabooo
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Yes, well done with at least causing DCBL hassle and forcing them to scurry around and make up some ridiculous excuse.

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

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Anything that causes hassle for them and their solicitors is worthwhile.

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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On 03/11/2023 at 17:21, Annabooo said:

Hello All, 

I have complained to SRA as suggested and today have had a response, took them 3 months to reply and I had to chase and follow up: 

I write further to my email of 26 October 2023 and can confirm that I have now considered all the information and evidence provided by both you and DCB Legal Ltd and that I have come to a decision.

Your concerns

I can see that you had raised concerns about the firm’s conduct when they were acting on behalf of their client Civil Enforcement Limited in respect of proceedings in the county court. In particularly, a Notice of Discontinuance was sent to the court on 23 June 2023, which was signed by K Hinton, in which it was stated “I certify that I have served a copy of this notice on every other party to the proceedings”. On 2 August 2023, a second Notice of Discontinuance was filed and served and this was received by you on 9 August 2023. You had alleged that a false statement was made in the Notice of Discontinuance dated 12 June 2023, since a copy of the Notice was not served upon you, contrary to Ms XXXX statement on that Notice.

We have not seen any information to suggest the firm has behaved unethically which we need to investigate

It is understandable that you would have concerns that a statement was made in the original Notice of Discontinuance that you were served with a copy of the Notice when this was not the case. An allegation of misleading the court, requires evidence to suggest that the firm or individual knew at the time of the statement was made that they were aware that this wasn’t the case.

However, the firm has confirmed that in this case, due to a technical and administrative error, that only one copy of the Notice of Discontinuance was sent to the Court by email and the copy for service on you was not sent out due to a system error. They have explained that as a firm, they use a postal service provider and despite a request for the notice and a covering letter to be sent for printing and posting by the postal service provider being raised on 12 June 2023, due to a technical issue, the letter was not sent out. They say that the case management system is set to serve both parties (the Court by email and the Defendant by post via the postal service provider) to ensure compliance with the CPR, but on this occasion, it appears it did not function as expected. They say that the file handler appears to have completed the actions correctly on the case management system, so it appears that this is a case of a genuine administrative error when the data was sent to the postal service provider for posting. They say that upon the Court contacting them on 1 August 2023, and of their being made aware of an issue with the Notice of Discontinuance not having reached the Court file, they revisited the file and to err on the side of caution, and to ensure compliance with the CPR, they filed and served a new notice of discontinuance.

Although it is understandable that you would have concerns, mistakes are sometimes made and, in this case, there is nothing to indicate that the firm deliberately attempted to mislead the court and therefore acted unethically, in breach of our rules.

I am sorry that we have not been able to help further on this occasion.   

 

 

"Many thanks for this update. However, it raises more questions than it does answers. If their case management system allowed them to file the copy with the court only (and not serve me with a copy), with the case management system not highlighting the error : how many other cases might be impacted by the same issue?. The issue sounds like it is a failure of their case management system.

Have DCBL (as responsible legal professionals, with a duty to act in a manner that upholds the public's confidence in legal professionals) undertaken a 'look back' exercise to identify the scale of the system failure, and if there are other litigants affected, a wider scale investigation to identify ALL such litigants and ensure they have been updated (correcting the errors)?." "How long has this error been in existence? Have DCBL done a 'scoping exercise' to determine how long the error has been in existence and how far back they need to look?"

Copy in and complain to the Legal Ombudsman. If DCBL want to blame a systems error, let them take the consequences that come with that : then they'll have to do loads of work to identify if anyone else was affected by "the systems error", and inform the LO what they have done to identify the effects of the 'systems error', how long the error has been present, and the mitigation actions.

"Play silly games, win silly prizes"!.

Edited by BazzaS
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OMG that is so true.

I will reply to SRA with what you had mentioned and will let them know I will now take it further.

SRA thinks they can just brush me off just like that.

I will also look into making a complaint to the Legal Ombudsman so I can give them more hassle like what they did to me! 

I am so disappointed with all parties involved, DVLA, CEL, DCBL and now SRA.

Felt they like are all brushing me off and tried to scam me.

No wonder why most people just give in. 

Hopefully the Ombudsman will take this seriously, but let's see!

I have learnt so much going through this and thank you to this group for your great support. ❤️ 

I will keep this thread updated with the outcome!

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open

 

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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i notice you've sent a reported post stating you have a new PAPLOC from CEL this time NOT DCBL

On 17/08/2021 at 16:08, Annabooo said:

First notification was to my husband as he is the owner of the car.

I thought I did the right thing and appealed (as stated in their letter) to say I have paid for the parking and sent them my receipt and explained I may have entered the registration slightly wrong (entered II instead of 11) which is why I got the charge

Expected to hear back within 14 days from the appeal (as stated) but received another invoice but in my name this time 17 days later after the appeal. 

could this new letter of claim be for the org PCN that your hubby got and not the one you got (if they were different PCN numbers??)

carefully check the PCN number on the Claimform the court sent you... is it the same as this New CEL PAPLOC?

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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