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    • 1st - all my posts on CAG are made not only in reply to the specific issue the topic starter makes but also in a general matter to advise any future readers upon the related subject - here it is kings interhigh online school. KIH lets take this topic apart shall we so readers know the real situation and the real truth...and underline the correct way to deal with KIH. https://tinyurl.com/ycxb4fk7 Kings Interhigh Online School issues - Training and Apprenticeships - Consumer Action Group - but did not ever reply to the last post.  but the user then went around every existing topic here on CAG about KIH pointing to the above topic and the 'want' to make some form of group  promoting some  'class action' against KIH . then on the 2nd march this very topic this msg is in was created. all remarkably similar eh? all appear to be or state..they are in spain... ....as well as the earlier post flaunting their linkedin ID, (same profile picture) that might have slipped through via email before our admin killed it.., trying to give some kind of legitimacy to their 'credentials' of being 'an honest poster'....oh and some kind of 'zen' website using a .co.uk  address (when in spain- bit like the Chinese ebay sallers) they run ... and now we get the father of the bride ...no sorry...father of a child at the uk-based international school in question posting ...pretending to be not the 'other alf... do you really think people are that stupid..... ................... nope you never owed that in the 1st place... wake up you got had and grabbed the phone - oh no they are taking me to court under UK jurisdiction...and fell for every trick in the book that they would never ever put in writing that could be placed in front of a court operating under their stated uk jurisdiction wherever you live. T&C's are always challengeable under UK law this very site would not exist if it were not for the +£Bn's bank charges reclaiming from 2006> and latterly the +£Bn's of PPI reclaiming both directly stated in the banks' T&C's were they claimed they were legally enforceable ...not!! they lost big time... why? a waste of more money if you've not got a court claim....... why not use them for a good outcome...go reclaim that £1000 refundable deposit you got scammed out of . people please research very carefully ...you never know who any of these people are that are posting about kings interhigh and their 'stories' they could even be one of their online tutors or a shill . don't get taken in. dx      
    • @KingsParent thank you for sharing your experience.  I also tried contacting the CEO but didn’t get very far. Do you mind sharing his contact details?  kind regards   
    • Thank you Rocky for the clarifications though they did cause a problem at first since an original windsccreen ticket was  of a different breach some time before. The current windscreen ticket only states that you were parked there for 6 minutes which is just one minute over the minimum time allowed as the Consideration period. There is no further proof that you parked there for any longer than that is there? More photographs for example? Moving on to the Notice to Keeper-it does not comply with the Protection of Freedoms Act 2012 Schedule 4. First there is no parking period mentioned on it. there is the time 20.25 stated which coincides with the W/S ticket but a parking period must have a starting and finishing time-just one time is insufficient to qualify as a parking  period as required in Section 9 [2] [a] . Are there any different photos shown on the NTK comapared to the w/s PCN? Not that that would make a difference as far as PoFA goes since the times required by PoFA should be on the NTK but at the moment Met only appear to show that you stayed there for 6 minutes. Another failure to comply with PoFA is at S9([2][e] where their wording should be "the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; ". You can see on your NTK that they misssed off the words in brackets. Met cannot therefore transfer the charge from the driver to the keeper. Only the driver is now liable. Then their is the discrepancy with the post code on the NTK  HA4 0EY which differs from the post code on the contract and the Post Office Postcode Finder which both list it as HA4 0FY. As you were not parked in HA4 0EY the breach did not occur. In the same way as if you were caught speeding in the Mall in London, yet you were charged with speeding in Pall mall London [a street nearby] you would be found not guilty since though you were speeding you were not speeding in Pall Mall. I bow to Eric's brother on his reasoning on post 12 re the electric bay abuse  That wording is not listed on their signs nor is there any mention on the contract of any electric charging points at all let alone who can park there or use them. He is quite right too that the entrance sign is merely an invitaion to treat it cannot form a contrct with motorists. Also the contract looks extremely  short no doubt there will be more when we see the full Witness statement. As it stands there is no confirmation from Standard Life [or Lift !] on the contract that Savills are able to act on their behalf. Also most contracts are signed at the end of the contract to prevent either side adding extra points. So their percentage  chance of winning their case would be somewhere between 0.01 and 0.02.    
    • @dx100uk no, haven’t received any correspondence as of yet. Still waiting on a court date but seems to be taking forever. Have noticed an increase in unhappy customers on here
    • They threatened to do this to me (as per the thread I made). Sent me some over-dramatic emails and texts counting down the days until someone would visit me (and advising I still I had a chance to "resolve it amicably" rather than deal with their agent). Not only did they never send anyone, but any underpaid monkey that did turn up would have only got a  two word response. Just a new scare tactic, even if they arrive. 
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Marquis Leisure - RV damp floor, court claim issued - ***Settled in Full +***


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I'm looking to take a motorhome dealer to Small Claims Court after they have replied to my 'Letter before court claim" saying they accepted no liabilty.

 

How much evidence do i need to provide to the court ?

I have one expert report which complies with Part 35 of the Civil Procedure Rules saying that damp was present when i bought the motorhome, will this be enough ?

 

Thanks

 

FostersLager

 

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yes but i very much doubt he can ever prove it WAS there 3 yrs ago.

 

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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Hi

 

The difficulty here is how that expert has managed to state the Damp was in the motorhome 3 years ago/from when you purchased the motorhome.

 

Exactly where is the Damp in the motorhome and when did you first notice it?

 

When did you report the Damp in the Motorhome to the Dealer before issuing an LBA?

 

Did you consider getting more than one Expert Report on the Damp before issuing an LBA to the Dealer?

 

 

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Hi Stu & Dx,

 

Thanks for the replies.

 

The damp is in the floor,

 

it was reported by the dealer at the second yearly habitation check after i'd bought it

 

i had all work, servicing and habitation checks done by the dealer to keep in their 3 year warranty,

 

which looking back is a pretty usesless - but probably typical -  warranty as it just gives you a small discount for any work needed.

 

The dealer then sent me the price to fix the damp, with the small discount applied.

 

I then got a second opinion and quote to fix the damp.

 

This was when i was told by 4 different experts that in their opinion the damp had been present when i bought the motorhome.

 

Two were prepared to do reports stating this, at cost to me obviously.

 

Problem is only one of these reports complies with Part 35 of the Civil Procedure Rules. 

 

In the report that does comply the expert bases his opinion on the levels of mould and evidence of poorly carried out sealant repair.

 

He also thinks the dealer should have identified the issues prior the second yearly habitation check.

 

Will the fact the only one the report complies go against me ?

 

Cheers

 

FL

Edited by dx100uk
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No, and it doesn't matter it's not CPR compliant.

 

Just another doc for your witness statement.

 

As you got scammed into a useless warranty that always costs money and is never ever on anything worth the paper it's written on,

 

they've had you over a bucket from day one on this.  They knew it was there the day they sold it to you . I agree.

 

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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Thanks Dx but just to be clear i didn't have to pay any extra for the warranty, it was included in the purchase price.

 

Mantis,

What do you mean by "get expert evidence in by the back door but without permission of the court " ?

 

FL

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Quote

Problem is only one of these reports complies with Part 35 of the Civil Procedure Rules. 

 

In reality you would only need one report once you have notified the court on your DQ that you request and intend to use an expert report but out of interest why in your opinion one of the  reports not comply with CPR 35?

 

Andy

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Hi Andy,

 

Thanks for the reply. Its purely because i couldn't find someone that would do a report that complied until around September. Motorhomes and caravans have gone bonkers since Covid.

Forgive my ignorance but what is DQ ?

 

FL

 

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I mean that if you do what dx suggests and try to put in expert evidence via your witness statement, a vigilant judge will take a thick red pen to those parts of your statement and not take any account of the evidence. Exper evidence can only be introduced with permission of the court, and must comply with CPR Part 35. Attempts to introduce such evidence by any other means should be rejected. 

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If you proceed to issue a claim and the defendant defends the claim you will then proceed to allocation of the claim that's when you will fie your Directions Questionnaire (DQ) which places the claim in the appropriate track and the same form allows you to request permission to use expert testimony 

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 3 weeks later...

you must follow the pre action protocol first and issue a letter of claim giving 14 days notice.

then you must follow thru on days 15 if they fail to respond by start a claim on the Mcol website.

 

click small claims and read

 

it will also help you if you use our enhanced google search box

and type in claim raised 

or look in this same forum for like threads 

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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Hi dx,

 

Can you please explain what a letter of claim is.

 

Currently i've sent 3 letters.

 

First a letter to complain about faulty goods quoting Consumer Rights Act 2015.

 

The second with the independent expert reports attached also requesting if they use an ADR scheme. The dealer said they only use NCC IDRS.

 

After submitting all the claim details to NCC IDRS online i got the reply  "the NCC cannot become involved with warranty matters or complaints related to whether a product is of satisfactory quality"

 

The third was the Letter before claim again saying i am willing to use an ADR to avoid court action.

 

Regards

 

FL

 

 

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post up your letter of claim you sent giving 14 days before you start your court claim then please

read upload 

use PDF

 

dx

 

 

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

and its now more than 1 month later.:frusty:

 

 

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

you dont make a threat of court and then not follow through.

doesnt really make you much of a threat.

 

you could repeat then LOC and then do so on day 15

but you need to read up on HOW to issue a small claims claim. (clickit)

and go read a few evri threads (bankfodder walks people thru the process in many threads) or like threads in this forum yours is in.

 

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

You dictate what happens, not be controlled.

 

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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Why do you have to agree to adr?

 

You don't...

 

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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  • 2 weeks later...

Hi dx,

 

So tomorrow is day 14 from my new LOC, the dealer has replied saying they will not be entering into any further correspondence.

I’ve created to a Money Claims account so just need to create the small claim on Friday after reading up on the links you sent in the previous post ?

 

Regards

 

FL

 

 

 

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  • 3 months later...

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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