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    • The finance company has a 50% stake (legal Owner) in the deal so I would certainly involve them. As for the outstanding £3635 bill thats owing to Mercedes in Croydon I wouldn't be in a rush to settle that just yet and keep it in abeyance as leverage.  Where are you at with Doves in Horsham ?
    • or go really bold ... Further to my request for a copy of the agreement you refer to on ( date) I made a section 78 request pursuant to the Credit Consumer Act 1974 to which you have yet to reply or respond. Pursuant to the Credit Consumer act 1974 section 78 (6) If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement.
    • Pers I'd stop paying the lot and get each defaulted by a dn issuance.  Defaults can't hurt future renting no Only ccj's Can't keep saying the same answers.    Dx        
    • Ok thank you. That’s where we are getting confused, as we’re not sure where we stand legally. But we’re still unsure who we should be going to now, the dealer or the finance company? I’m assuming the evidence we have (the reports from Mercedes) showing that the fault was there when we purchased would be sufficient to prove this? To be honest we would prefer to send the car back completely as are now concerned more problems may arise.
    • No no - I would complain via the CEO and Directors Office.     They sorted it in less than 24 hours for me. Complaint closed and compo issued. Info removed from CRA This morning. Credit Karma updated for me instantly almost.   
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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
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    • 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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Hx Parking/gladstones CCJ - Exceeded 1hrs Free - McDonald's Alma Leisure Park Chesterfield CCJ issued thanks to useless parking fines ltd ***Claim Dismissed***


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They are taking a risk as if you don't get it they might well be screwed, 

 

This will be your Colt 357 magnum if they send it by email at 11:59:59 the last split second before the day of the hearing, its a trick they pull if they have and email addy to use, as you told them not to be used and  you have this

 

"

Yesterday, while clearing out old e-mail addresses, I found an e-mail from you requesting a copy of my defence in this matter, despite the fact that you were specifically told on XXXXX not to use e-mail.  I have no doubt that (a) you already possess a copy of the defence and (b) your mail was an attempt to mislead the court into thinking I was withholding evidence.  I therefore also enclose a copy of the defence you already have.

 

I have also mentioned your shenanigans in my Witness Statement."

 

They will have pretty much hanged themselves, and you can go to town on them maybe ask for their WS to be disregarded.  Other's will be along soon  with advice and tactics.

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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Good news.

 

Either they're going to drop it or they're incompetent oaves who can't respect deadlines which will wind the judge up.

We could do with some help from you.

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Also from now on the court given deadline for 19th July to submit the response from each party also the hearing on papers is set for 16th September, does this mean since i disagree on paper hearing does it mean hearing on papers doesn't exist anymore?

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Good point, I'd forgotten about "on the papers".  Yes, it shouldn't exist any more. 

 

Since you sent the form objecting to case "on the papers", have you heard anything from the court?

We could do with some help from you.

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Might be worth checking with the court and reminding them on the papers was rejected by yourself.

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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Good call BN.  I was thinking the same.  Probably best to call the court and check which stage the case is at. 

We could do with some help from you.

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Court received my papers via email they acknowledged which confirmed few weeks ago so with the court i am up to date whats going on with them. They have not sent any correspondence since they asked to send disagreement form which i promptly sent. Few days ago i rang the court again to ask if they have sent any correspondence since then which they confirmed that they haven't sent anything afterwards 

Edited by Digital_2012
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OK, good news.

 

This other deadline of 13 July is good news too.  At the very least you'll be able to ridicule Gladdy's WS, even better if they never send one!

We could do with some help from you.

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  • 2 weeks later...

So you might as well start drafting your second Witness Statement for the 13 July deadline.

 

The introduction and conclusion will be the usual.

 

Just briefly say that, although you are a Litigant-in-Person, you respected the court's deadline of 29 June to serve and file your Witness Statement.  Vice versa neither the Claimant nor their solicitor have sent you a Witness Statement or any documentation. 

 

Therefore it is impossible for you to give a written response to their case by 13 July as required by the Court since there is nothing to comment upon.

 

You would respectfully request the court to not allow as evidence anything that the Claimant or their solicitor might later file and serve, as it would be in blatant disregard for the Court's directions.

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We could do with some help from you.

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@FTMDave ok here is the draft WS please check and correct if need some changes. Thanks

 

 

IN THE COUNTY COURT SHEFFIELD

 

CLAIM NO: xxx

 

HX PARKING LTD (CLAIMANT)

VS

Xxxx (DEFENDANT)

 

Date: 9th July 2022

 

Witness Statement

 

I, Mr xxx, of xxxx am the Defendant against whom this claim is made.

 

 I was the registered keeper of the vehicle xxxx.

 

 The facts in this statement come from my personal knowledge.

 

Where they are not within my own knowledge they are true to the best of my information and belief.

 

Although i am Litigant-in-Person, i respected the court's deadline of 29 June to serve and file my Witness Statement. Vice versa neither the Claimant nor their solicitor have sent me a Witness Statement or any documentation.

 

Therefore it is impossible for me to give a written response to their case by 13 July as required by the Court since there is nothing to comment upon.

 

I would respectfully request the court to not allow as evidence anything that the Claimant or their solicitor might later file and serve, as it would be in blatant disregard for the Court's directions.

 

Statement of Truth

 

I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Edited by Digital_2012
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Great work.  Let's liaise on Tuesday.

 

Incompetence after incompetence from Will & John.

We could do with some help from you.

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Superb lets hope Will & John hoisted by their own petard.

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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Let's wait until Tuesday before sending just in case anything arrives from Gladdys.

We could do with some help from you.

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