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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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 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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CP+/DCB(L) ANPR PCN PAPLOC- Overstay - Moto Service Station Bridgewater


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The snotty letter also needs to include a change of address, otherwise in a couple of months a second backdoor CCJ could well be on its way.

 

With different people being involved and three different countries, this is all getting a tad confusing.

 

Who did the fleecers send the Letter Before Claim to?  You?  Your son?

 

As Bazooka Boo asked, when you appealed in 2017 did you tell the fleecers who was driving the car?  This is very important.

 

 

We could do with some help from you.

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OK, thanks, but we need to know who the fleecers are threatening to take to court.  Who was the Letter of Claim sent to?

We could do with some help from you.

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  • dx100uk changed the title to CP+/DCB(L) ANPR PCN - Overstay - Moto Service Station Bridgewater

You need to get out of this mindset that you can do things on behalf of your son.  Of course you can help and advise him, but the legal dispute is between him and CP Plus, no-one else.  He needs to send off something like -

 

 

Dear DCB Legal,

 

Re: XXXXX

 

firstly, please note that I no longer live at XXXXX but instead at XXXXX.  Note that judges take an extremely dim view of solicitors deliberately writing to an address where they know full well the other party no longer resides.

 

Now, onto your Letter of Claim.  I had a good laugh at the idea you'd actually expect me to take it seriously and cough up!

 

I am writing to confirm that I have no intention of paying these absurd and false sums of money for allegedly breaking a fictitious contract with your client.  This whole claim is a nonsense, and I am sure any judge would agree.  Go and look up Nicholas Bowen saddos.

 

Your greedy client couldn't resist inventing £70 Unicorn Food Tax.  Nice own goal.  Judges don't appreciate claimants showing contempt for the court system.

 

Should your client wish to proceed with this farcical claim, I will be seeking recovery of costs on the basis of unreasonable behaviour, as well as damages for breach of GDPR.

 

I look forward to your deafening silence.

 

Yours,

 

COPIED TO CP PLUS LTD

 

 

As always, hang on a little while to see what the other regulars think.

 

I see on the Greek post office site  https://www.elta.gr/en-us/calculatepostage.aspx  that it would cost him €4.50 to send by priority + registered mail, so €9 in total, which is steep but worth it to avoid another backdoor CCJ.

 

However, in the long term you need to find a solution to legal letters turning up at an unchecked address.  In a sense you're "lucky" you've only hand private tickets.  There is a £1000 fine for not communicating to the DVLA where you can be easily contacted.  Is there not the address of a friend or relative in the UK you could use?  I ask having been in the same situation myself for years & years.

 

Now the fleecers "should" accept your son is in Greece and proceed accordingly but respect for the law has never been their strong point and you should prepare for the eventuality that the dishonest con artists will continue to write to the UK address.

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We could do with some help from you.

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  • dx100uk changed the title to CP+/DCB(L) ANPR PCN PAPLOC- Overstay - Moto Service Station Bridgewater

Damn!  I've just checked the Letter of Claim and see it is dated 26 July and gives your son 30 days to reply.  They won't issue a county court claim on the 31st day but he needs to get a move on and send the letters tomorrow or on Monday.  I live in the EU myself and once you send stuff registered/recorded it takes a fortnight to get there instead of the usual 3-4 days.  Speed is of the essence here otherwise it'll be backdoor CCJ time again. 

 

In fact I would send three letters from his Greek address

   - one to the solicitors normal mail to speed things up

   - a second to the solicitors registered

   - a third to CP+ registered.

 

I know this is a pain in the backside but worth it to avoid another court claim.

 

I've tweaked the letter below to emphasise the change of address and thus not receiving the solicitors' letter until very late.

 

Well done in sorting out the UK address issue, as I say I'm in the same boat and it's always a welcome safeguard knowing someone you trust will immediately inform you of any mail that arrives that could be problematic.

 

BTW, when are you expecting to be back in Zimbabwe?  Just thinking of the timescales necessary to do what you need to do legally while you are in the UK.  Anyway - 

 

Dear DCB Legal,

 

Re: PCN XXXXX

 

firstly, please note that long ago I moved from XXXXX UK to XXXXX Greece which is why I have just become aware after a month of your Letter of Claim dated 26 July.  I am formally informing you and your clients of my new address and I would remind you that judges take an extremely dim view of solicitors deliberately writing to an address where they know full well the other party no longer resides.

 

Right, now onto your Letter of Claim.  I had a good laugh at the idea you'd actually expect me to take it seriously and cough up!

 

I am writing to confirm that I have no intention of paying these absurd and false sums of money for allegedly breaking a fictitious contract with your client.  This whole claim is a nonsense, and I am sure any judge would agree.  Go and look up Nicholas Bowen saddos.

 

Your greedy client couldn't resist inventing £70 Unicorn Food Tax.  Nice own goal.  Judges don't appreciate claimants showing contempt for the court system.

 

Should your client wish to proceed with this farcical claim, I will be seeking recovery of costs on the basis of unreasonable behaviour, as well as damages for breach of GDPR.

 

I look forward to your deafening silence.

 

Yours,

 

COPIED TO CP PLUS LTD

We could do with some help from you.

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But Zimbird would be sending them from the UK, stating the son lives in Greece.  I just thought the letters would look more convincing with Greek stamps on the envelopes.  And the fleecers might - emphasis on might - give up on him as he lives abroad.  As long as he does it on Monday he should be OK for time.

We could do with some help from you.

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I don't think it's a good idea to give them two addresses.

 

It's confusing.  The fleecers could use this as an excuse to keep writing to the UK and it wouldn't look good to a judge either.  He should just tell both the solicitors and the fleecers where he is living now.

We could do with some help from you.

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OK, fine, so just forget about Greece then and leave it with the fleecers informed of the Zimbabwe address.

We could do with some help from you.

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