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    • Thank you. Please will you repost your images in one single multipage PDF file – the right way round et cetera.  
    • And just to reiterate – I'm sorry if the message above sounds a bit harsh. We have to get the message out to other people who visit this thread as well. I realise that you are having a difficult time and we will do our best to help you, of course
    • The last photo shows the overflow carpark looking at the block which our room was located. When we got out of the car my partner thought that the building was for staff accommodation.  The unsecured bedroom window opened onto this car park.
    • Also I see that you are doing a lot of this on the telephone – and without any written confirmation. This is a big mistake. You need to start taking this matter seriously and so everything should go in writing. If you have telephone calls then they should normally be recorded. Read our customer services guide. You should make notes about every telephone call and then you should send an email to your telephone correspondence confirming what they have said or what they have agreed. It is important that you keep detailed paper trails here. Of course we may be jumping the gun and maybe big motoring world will step up to the mark – but I'm afraid that they have a lousy reputation has you have seen and so you need to start practising survival techniques and protecting yourself. You say for instance in your letter of rejection that the mechanic told you on the telephone that the gearbox needed replacing. Do you have any other evidence of this conversation? This is going to sound a bit harsh – but other people will be visiting this thread as well for their own purposes. You conducted their research about this company before you bought the vehicle. You now are fully aware that this is a company which can be very difficult to deal with and causes a lot of problems for many of their customers and yet you are still taking a telephone/verbal approach. Do I need to say any more? Also one of the documents you put up is an email exchange but it is not clear who is writing to who or what dates. If you showed this email to somebody in a pub they would be asking lots of questions about who sent the first message, who sent the second message, what dates were they sent et cetera. Please think about this before you post things. Please can you clarify the details of that email exchange. Please will you present the information carefully. We are all volunteers here and we have to rely on you to do the spadework
    • I told the DM that the room was not acceptable because of the reasons already mentioned. He informed me that they were full that night and that they could move me to the room next door (would not solve my problem with the rooms location). Told the DM that I could not stay in the room provided for the night so left no option but to leave. DM did not reply and I walked out.  
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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
      • 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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Birmingham council Blue Badge fraud use - now magistrates date. **RESOLVED**


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No, the intention of the court is to ensure that justice is done and the right to legal advice/representation is an important aspect of it.

 

A DS is likely to advise you how to proceed and will err on the side of what is right for you, more so than either the prosecutor or Clerk to the Court.

 

Even if you plead guilty, an advocate can inform the  court of the depth of your remorse far better than you can.

 

I think that the court would adjourn in any case so that they can have the benefit of reports if they are minded to impose Community Service Order or even custody (suspended of not).

 

They would also need details of financial state if considering a fine

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My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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:whoo:

Well done 

 

 

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 was told I needed to seek legal advice before the next court date as it would not be adjourned again. The legal advisor also mentioned putting me on bail as fraud is a serious offence and the judges said that wouldn’t be needed as I had turned up this time.   

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I can only tell you what your position is. It wasn't your fault it was adjourned this time. Had a DS been available the case would have been done and dusted. Magistrates should understand this when you appear next time. 

 

If you think about this, if they are telling you that you need to engage your own lawyer, the court need never provide any duty solicitors. All they need do is make sure none is available, all the cases needing them get adjourned (like yours) and the next time defendants appear it is their "second" appearance (when they would not be entitled to see a DS). 

 

It should be noted on the court's file that the reason for the adjournment was the lack of a DS and your next appearance should be treated as your first.

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I don't think so.

 

But the court has an obligation to provide a DS. It's a legal entitlement that (some) defendants have. I find it astonishing that the court's Legal Advisor has suggested that because one was not available for the OP today that she must make her own arrangements for her next appearance.

 

This from Gick raises an interesting point:

 

Quote

I think that the court would adjourn in any case so that they can have the benefit of reports if they are minded to impose Community Service Order or even custody (suspended of not).

 

If the court is considering anything other than a discharge or a fine, it would be bound to order a report by the probation service. If a probation officer is in court (as they always used to be, but it is not so common these days) a report could be prepared on the day and the case could simply be put back whilst that was done. If the defendant took advantage of the DS scheme, the DS would represent the defendant for sentencing as well. But if an adjournment is required for sentencing then the DS could not be called upon for that second hearing.

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@Blackcat13 here's where to start your reseach, the government Legal Aid page on gov.uk

 

WWW.GOV.UK

Legal aid helps pay for legal advice, mediation or representation in court - see if you can claim

 

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Just spoke to him and apparently because I didn’t seek legal help in the first instance and I’ve pleaded guilty it’s made my situation worse. Apparently as it’s classed as fraud and dishonesty I will end up with a criminal record and may lose my job as a result

of this. Things like car insurance will double so I won’t be able to afford to drive either! Don’t know what I’m going to do 

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The solicitor has confirmed the advice given here earlier re criminal record, job, car insurance and that you have been charged with fraud, so no surprises there. What does the solicitor recommend you do now? 

 

Do you qualify for legal aid? The solicitor should be able to tell you if you do.

 

Will the solicitor represent you and speak for you in court when the hearing is resumed?

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On 24/09/2022 at 17:20, honeybee13 said:

I have a question for @Man in the middleif he's around.

 

MitM, do you think it would help blackcat's cause if she could get one or more character references to show the mags?

 

HB

 

 A character reference may help her (it can't do any harm). Whether it will have any significant impact is difficult to tell.

 

If the court is in two minds (say between a fine or a Community Order) it may just swing it towards a fine.

 

However, if they are fairly well decided in what they are going to impose, it will probably not help very much.

 

I don't really understand the solicitor suggesting she has made her situation worse by pleading guilty before seeking legal help.

 

There was never any doubt about her plea. In common terms she was "banged to rights" and a guilty plea was the only realistic option.

 

She didn't need legal advice to decide that.

 

What has happened is that since has realised that the consequences of a conviction for fraud will be quite far reaching (particularly for her) she is seeking help with mitigation to reduce the damage.

 

But escaping a conviction was never a realistic option and if the solicitor is suggesting that it was, I think she is being misled. 

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