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    • See if this is in order please. I photo of the chimney and Hale Surveys remaining.   Bundle 24 JanM.pdf
    • Any help would be appriciated.  I've sent this over to them via text to Amir who I been dealing with from Beaver Cars in Hounslow - I do not have an email for them.    Amir Beavers Cars 61 – 67 Salisbury Road Hounslow Middlesex TW4 7NW Dear Sir/Madam Ref: LY07JWN On 09/01/2022 I purchased, and took delivery of, the above vehicle an Audi A4 Avant 2007 from you. On 22/01/2022 I discovered that it was not of satisfactory quality: the turbo cut out and car would not go over 40 mph, even after restarting. The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory quality. However, the vehicle is clearly not roadworthy. You are therefore in breach of contract. I am legally entitled to reject the vehicle and to be reimbursed the original purchase of £3200. I look forward to receiving your cheque or banks transfer refund to my account: Sergejs Makarovs – Account Number: XXXXXXXX Sort-code: XXXXXX the total sum of £3200 within 14 days. If you fail to reimburse me, I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you. Yours faithfully     If they refuse to refund me, what would be my next steps? Thank you
    • Hi all,  A good friend of mine recently had a similar issue and this is my first car. I've had a consistent barrage of problems.  I purchased a vehicle from Beavers Cars Dealership - From Auto Trader.  This is a draft I've written: Dear Beavers Cars, I'm writing to you about the Audi A4 (2007) I bought from you for £3200 on Sunday January 09 2022. The vehicle had prior faults before purchasing the car, during the test drive the Engine Light came on. This being my first car as I've recently only passed my driving test, Amir who dealt with me re-assured me that this fault is nothing serious. I phoned a friend who advised me that this is a major fault and that needs to be looked at. Amir took me to a local garage 1 minute from the Offices and had a mechanic he knew inspect this fault. The mechanic advised that the throttle flaps are shown as an error code on his machine and need to be cleaned, he took the throttle flap device off to clean it, the fault still persisted, he replaced the entire unit which then cleared the fault. I spent roughly 3 hours in the garage trying to resolve the fault error codes. I then was shown that these codes were cleared and that its all now in good condition and working. I only test drove this vehicle at maximum of 40mphs and as it was central London taking it on the motorway was a long way away. I paid a £200 deposit initially on Saturday the 8th January 2022 and went to London on 9th January 2022 to check this car. Once everything was sorted at the time, I was convinced by a sales pitch of Amir that this car is road safe and I'm able to drive it back to Brighton with no issues. I paid the remaining £3000. Upon leaving to the motorway, the engine was struggling and it was making a very seriously bad noise, the turbo was not picking up properly and it really felt like there may be something seriously wrong with the car, when I would pull up to round abouts the car revs would flicker and the car would shake. I then had it serviced and got a Carbon Clean on the engine and everything seems to be in order, it started to drive a little better, but I barely ever gone over 40mph. I wanted to speak with Amir to discuss this and tried calling on the 20th January 2022, knowing I still have my rights under the Consumer Act 2015, but wanted to address the issues and find a solution. I was unable to get hold of him. The third time I went onto the motorway on 22/01/2022 after going around 65mph the Revs just went to 5 and my car started to slow down, I was not able to push more than 35mph in a 70mph, which almost caused a collision. I luckily was only 20 minutes away from home and was able to come off the Motorway and get home safely. During some of the inspections that I had the engineers that Amir took me to by Beavers Cars dealership is called Speedy's Autos. He said that the car is road safe and being a mechanic shop re-assured me. Since I had the car, the drivers seat-belt would unclip from time to time, I was told the thread on my left front tire is below the legal limit. I've had the sensors, electrics and front and read break lights needing replacement and in the end the by what it sounds like the Turbo completely went and I should not have been allowed to drive this car back to Brighton. It put me and others at risk especially when they knew I've only just got my drivers licence and was still a new driver. I would like a full refund for the £3200, I've already spent money on a set of new tyres, wheel alignment and brand new break pads and break disks and a repair on the seat buckle luckily the parts can be returned and wheels aren't due to be fitted until Monday 24/01/2022. I've also already paid for Road Tax, Parking Permit and insurance on this car which I will have to sort out. . The Consumer Rights Act 2015 makes it an implied term of the contract I have with Beavers Cars that goods be as described, fit for purpose and of satisfactory quality. As you are in breach of contract and I've owned the vehicle for less than 6 years, I am within my statutory rights to ask for a refund at no further cost to me. I look forward to hearing from you within 14 days with details of how you plan to resolve this matter. Yours sincerely,  
    • The mediation went ahead in the first week of January and I was surprised at how confrontational the mediator was.  The call started on time and as usual I was asked to briefly explain the situation which was pretty standard.  Item posted using Hermes – item never made it from pick up to depot, Hermes deny any responsibility.  I was asked if I understood the mediation process and to confirm that I agreed to compromise.    I said I was happy to participate and that by way of compromise I would be happy to forgo the interest – but that I was looking for the full verified value of the item (sold price plus postage minus the £27 unilaterally paid by Hermes).  I went through the reasoning explaining the unfairness of the policy whereby the customer is asked to take out insurance to protect Hermes from its own negligence and criminality etc. and sat back waiting for the mediator to respond saying she would now speak to Hermes.    She didn’t.   She explained that this wasn’t a compromise, that mediation does not work like this and that she was ending the call and that I should now continue through the court.  I insisted that she puts my offer to Hermes but she refused.  I then knocked 10p from my demand which she could then not argue was a compromise and which forced her to communicate with Hermes.    I was on the call for about 30 minutes – I’ve read on here that others have ended the call and been rung back several times – I was placed on hold briefly during the mediators exchange with only a minute or so between interactions.  The frustrating thing is that every demand I made was immediately accepted by Hermes and it was the mediator who was the obstacle – at one point she even advised me that Hermes had no obligation to pay the costs and that I shouldn’t press for that.  I ended up negotiating it up to £350 which is £18 short of the total claimed; but to be honest I was past caring at that point.   It is of note that Hermes exploited every deadline and have made the process as long as possible.  I had to provide them with my bank details within 5 hours and they then had two weeks to make the payment which they did on day 14.  I’m happy with the outcome and that I forced them to pay but it’s frustrating that a company is obviously training their staff to treat their customers with such obvious contempt.    I will never use them again and have already bought something on-line from a company but only on the proviso that they don’t use their usual shipping solution (Hermes) – to which they agreed.   Thanks for the great work on this forum and to all who are taking action against Hermes – keep it up!!
    • Hi    Thank you very much indeed Mantis .  I really really appreciate your advice.  He had high blood pressure Thursday so I left it, but told him I had good news from CAG and arranged to meet up with him on Sunday to go through this matter.    Thank you again    Have a good weekend  Warm Regards  W.
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Unknown VCS CCJ - Bristol Airport - Stopping in a zone where stopping is prohibited . Was abroad


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On 15/11/2021 at 12:18, Zimbird said:

The judge told me my case would now go to the Small Claims Court and she suggested I go onto the Judicial website and read "A Guide to bringing and Defending a Small Claim" and prepare my Witness Statement as the Claim still stands at £257.  I will now hear from the Small Claims Court.

 

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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you should get a general form of judgement or order detailing the date of the new hearing and exchange of WS's is typically 14 days before the hearing.

thats why mcol wont work, its at your 'local' court now, MCOL (northants bulk) plays no part.

 

 

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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Still confused.  When Rmg2020 got their set aside, the judge ordered that they file a defence within 14 days.

 

Zimbird has filed no defence.  Unless the judge accepted Zimbird's draft defence in the set aside application as an actual defence?

 

In any case both Zimbird and Simon should have received some sort of order after the hearing.  "The judge orders that judgement is set aside ..." with maybe more added.  Otherwise how would Simon know the CCJ had gone?

 

 

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should follow std procedure now

DQ N180

then N157 then.

 

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

Well we are hovering over the post box and will let you all know exactly what happens next

 

I think I will need to check if I still have a CCJ - the judge advised that but I have to give them time - when would you suggest checking?

Edited by Zimbird
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can you access your credit file in the UK?

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... 

Link to post
Share on other sites

This morning a letter arrived from the Bristol County Court it read:

 

"Before District Judge Markland sitting at the County Court at Bristol, Bristol Civil Justice Centre, Number 2, Redcliff Street, Bristol BS1 6GR.

 

UPON hearing the parties and upon the parties having already agreed that judgement should be set aside

 

IT IS ORDERED THAT

 

1.  The judgement dated 19 May 2021 be set aside.

2.  The proposed defence attached to the Defendant's application stands as the defence, service dispensed with.

3.  The claim be allocated to the small claims track.

4.  No order as to costs.

 

Dated 15 November 2021"

 

and then the second sheet from the County Court of Bristol  simple states:

 

"Before District Judge Markland sitting at the County Court at Bristol, Bristol Civil Justice Centre, Number 2, Redcliff Street, Bristol BS1 6GR.

 

IT IS ORDERED THAT

 

the judgement against M.....   ......    ..... dated 19 May 2021 be and is hereby set aside.

 

Date Order Made 15 November 2021"

 

This morning a letter arrived from the Bristol County Court it read:

 

"Before District Judge Markland sitting at the County Court at Bristol, Bristol Civil Justice Centre, Number 2, Redcliff Street, Bristol BS1 6GR.

 

UPON hearing the parties and upon the parties having already agreed that judgement should be set aside

 

IT IS ORDERED THAT

 

1.  The judgement dated 19 May 2021 be set aside.

2.  The proposed defence attached to the Defendant's application stands as the defence, service dispensed with.

3.  The claim be allocated to the small claims track.

4.  No order as to costs.

 

Dated 15 November 2021"

 

and then the second sheet from the County Court of Bristol  simple states:

 

"Before District Judge Markland sitting at the County Court at Bristol, Bristol Civil Justice Centre, Number 2, Redcliff Street, Bristol BS1 6GR.

 

IT IS ORDERED THAT

 

the judgement against M.....   ......    ..... dated 19 May 2021 be and is hereby set aside.

 

Date Order Made 15 November 2021"

 

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great news.

 

so back to what i thought earlier...awaiting N180/N157.

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

Excellent news.  I was wondering about the court order and your defence.  The judge must have been impressed by your draft defence and both accepted it and allocated to small claims.

 

dx, will the OP still get the chance at N180/N157 stage to state the possible hearing dates that would be inconvenient due to being in Zimbabwe?

 

 

We could do with some help from you.

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typically it totally resets things as to as if the claim had only just been issued but allocation has been mentioned so might only be N157 going fwd.

 

i find zims last post confusing though.

 

zimmy, please scan up these court letters in date ORDER and bothsides of every page to one mass PDF please.

we often find OP's that type court docs out miss VERY important sentences or type them out wrongly. or don't include things that are very important.

 

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

There wont be a DQ it will move straight to the Notice of Allocation.

We could do with some help from you.

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So no chance in D4 to state dates when the OP will not be able to attend the hearing?

We could do with some help from you.

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He can submit a notice pursuant to CPR 27.9 and attach it to his statement/evidence Dave.

 

Non-attendance of parties at a final hearing

CPR 27.9

(1) If a party who does not attend a final hearing–

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

(2) If a claimant does not –

(a) attend the hearing; and

(b) give the notice referred to in paragraph (1),

the court may strike out(GL) the claim.

We could do with some help from you.

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The Bristol Court have got the message that I need papers emailed to me as I have tenanted my apartment, therefore have put a note on my file to email me in the future!

Therefore this "Notice of Allocation to the Small Claims Track (Hearing)" came through.  

Notice Small Claims Track P1.pdf Notice Small Claims Track 2.pdf Notice Small Claims Track P3.pdf

Edited by Zimbird
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I can't remember, is 22 April in the period you will be in the UK, or will you be in Zimbabwe?

 

EDIT  I see it's an on-line hearing so I suppose it doesn't matter.

 

Pity, you could have threatened Simon with the expense of a return flight.

Edited by FTMDave
Extra info added

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I was returning on 30 April, so I could just come a week or so before .  Is there any way of frightening the Claimant with a list of my expenses which I would be paid if the judgement went in my favour?  Then I could add the air ticket.  First prize surely is that they don't want to pursue the case?  How likely is it that they drop it?  

I would have to fly back as I don't think the phone lines are reliable enough and I don't think the court would be prepared to phone internationally.

 

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I think you need to look into BT Meet Me and see what connecting from Zimbabwe would entail.  I haven't a clue.  I did a quick search and saw that there was something about numbers abroad that can be called at free/cheap rates but Zimbabwe wasn't included.  Do that and then we can see if there is a way to put pressure on Simon.

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Should be enough about pursuing this case that should give Simon squeaky cheeks now.  The potential of a Zimbabwe return might focus his mind into a discontinuance.

We could do with some help from you.

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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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  • 3 weeks later...

See below.  This has been sent to the Court by Mohammed Wali and I was copied in.

The attached PDF documents he sent are:  

1. Claim Form Issue Date 28/4/21

2. of Hearing of Application dated 7/10/21

3. N244 - mine

4. Draft Order - mine

5. Proposed Defence - mine

6. Charge Notice - my original Charge Notice, where I calculated 37 seconds and wrote it on the top clearly

7. My Passport & Residence Stamp for Zimbabwe

8. My Evidence:  ie. flight to Guernsey on 7/10/20

9. My Evidence:  Arrival back into UK Release Report Randox Health 6/7/21

10. Statement of Truth - mine

11. Witness Statement - Mohammed Wali 

12. MW1 Site Information

13. Service Agreement Bristol Airport & VCS

 

 

 

Dear Sirs

Re: Vehicle Control Services Ltd  v Mrs xxxxxx xxxxxx  Claim no. 111111111 Hearing Bristol County Court 22 April 2022 by tel Part A 10:00 by tel 

This bundle is in 2 parts part A and part B 

We write in respect of the above matter.

Please find attached a copy of the Claimants witness statement and supporting documents in readiness for the forthcoming hearing.

We can confirm that we have served a copy of the same on the Defendant.

In the meantime if you have any queries please do not hesitate to contact us.

We shall anticipate for your reply.

 

Yours faithfully

 
 
 
   Mohammed Wali  
   Paralegal
 
  VEHICLE CONTROL SERVICES LTD   
   P1 Europa Link, Sheffield Business Park, Sheffield. S9 1XU   
 
   t:    +44 (0) 114 261 7373
   f:    +44 (0) 114 267 8009   
   e:   [email protected] 
 
I am currently trying to print 11. 12. and 13. above ie. his Witness Statement etc and will forward that to the group as soon as possible.
 


 

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Yes, we need to see 11, 12 and 13.  As Wally has sent you PDFs you can simply redact using this  https://www.ilovepdf.com/edit-pdf  or a similar site, and then upload.

 

Have you looked into whether using BT Meet Me is realistic from Zimbabwe?

 

 

We could do with some help from you.

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I have just tried to upload Wali's Witness Statement - it is 13 pages long - so I was unable to upload it the pdf file was too big

 

I used the "I love pdf" site - thank you it allowed me to compress the Witness Statement that I needed to send

The MWI was sent by them in a separate attachment and is loads and loads of pictures of signs that I will try and attach now.

Hope this opens ok

The land lines in Zimbabwe are not reliable enough to link into the BT system, I don't believe.  So I would be happier flying back for this court case - if you felt I had a chance of winning it.

 

 

 

This is Part B of the Witness Statement 

It has all the pictures included below pages 1-12 and then 

Pages 13-30 are:

MW2 Notices & Evidence

Charge Notice

CCTV Pictures of my car  at 14 :27 :06, 14:27:19, and 14:27:43

Final Reminder

Demand For Payment

Final Demand

Later Blaim

Notice of Transfer of All Proceedings

Notice of Allocation to the Small Claims Track

General Form of Judgment or Order ie. Set Aside

 

 

 

BT Meet Me Chat below - he suggests I find out from the Court whether they will connect to a land line number in Zimbabwe or maybe I can give my Zim mobile number - as a back up.  So definitely looks like I could be in Zimbabwe for the Small Claims Court

 

Claimants WS + Meetme chat.pdf

Edited by dx100uk
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In my experience the people who reply on these chat functions are only able to give basic advice, which is not their fault due to lack of training.  A court case will be way out of the ordinary for them.  In fact he says to contact the court.

 

So e-mail the court, ask if they are prepared to phone Zimbabwe and point out you will have to supply multiple numbers and why.

 

It's a long shot, but some time back we had a case where the judge was irritated by a PPC suing someone abroad and more or less pushed them to discontinue, so the more you emphasise to the court you live abroad the better.

 

 

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If they get an inkling that you may have to fly to the UK even to have an online hearing and they lost, there may be other implications cost wise for them might discontinue.

We could do with some help from you.

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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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Agree BN.  I'm thinking to get clarity from the court and then, depending on the court's answer, threaten Simple Simon with having to pay the air fare in costs.

 

We could do with some help from you.

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