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    • Calm Down please.... there is only one way to deal with this and that is - PROPERLY. Being surrounded by 'lawyers' who deal with 'disputes', just like going to the likes of CAB, in this instance has, most probably, to date,  sadly not helping you here. Such people always project an Aura of confidence, when the truth is they don't actually have the vast successful experience of the members here in dealing with the likes BMW. there are over 350 threads here . as far i gather this is the situation, In April, a car was purchased by your son from BMW. Finance taken out to purchase it has since been paid in full, as well as full payment for an annual Insurance policy. within 6 weeks, it was discovered and confirmed in writing, via a report from a local garage, that the car indeed had numerous performance modifications undertaken. Namely being remapped and with modifications to the exhaust system. having contacted his ins co, they require a further £5k to uprate his policy, without it renders the existing insurance policy invalid, thus the car is not being driven.  again within this 6 weeks, you wrote to BMW rejecting the car (we need to see this letter please. scan it up to PDF, please read our UPLOAD guide). at first BMW were onboard, even sending their own inspector, confirming the mods etc. but in the last 9 days since said inspection, comms have now gone dead. .................. you have 2 options - 1 - allow BMW to sort the car FOC and without hassle to him, but probably within their own snails pace timeframe. 2- EVENTUALLY bring legal action - this would most probably be under contract law, not a claim under the consumer rights act . (as financially you would lose out big time) to do 2. which is not easy and rather complex to calculate the financial sum involved...... we need all the info @BankFodder has requested. of many, but one good reason for this is say for this new mot, show the old one was suspect, good bargaining chip against 2500mls usage deductions... your call but you need to do this properly or not at all...............    
    • Hi, I've been reading through many of the stories in the sub-forum and I understand the process to be to send a Letter of Claim to the EVRi - in the post and to their customer support email and to sign up for MCOL.  I have looked at the various Letters of Claim and the MCOL claim forms - particulars of claim and I have gone through all of the screens on MCOL website to put in the final details so it is ready to go after the 14 days from when I send the Letter of Claim (of course assuming that EVRi dismisses my Letter of Claim to pay me in full!).  I also see the advise is to decline any mediation particularly because I have specified the parcel contents and value to EVRi when shipping it. I have put both the Letter of Claim and the forms from the MCOL particulars of claim into a single PDF for review.  The stories in the sub-forum often indicate people shipping with EVRi but some purchase through or have involved such companies as Parcel2Go and so I wasn't sure about the statement I made in the Letter of Claim if it was totally accurate to say "I am applying my third party rights under the Contracts (Rights of Third Parties) Act 1999"? I just wanted to confirm the correct wording.  In my case the parcel shipment was paid for on the EVRi website and sent at the Tesco EVRi Parcelshop.  On the MCOL claim form I have referenced Section 57 of the Consumer Rights Act 2015 in response to EVRi customer service hiding behind their lack of ability to insure delivery of laptops and their bogus non-compensated and prohibited items as a means to avoid any responsibility for them losing such items. Thank you for taking a look to see if there are any inaccuracies or amendments to the Letter of Claim - when it is looking good I will send via email and post it to EVRi.  Having drafted the particulars of the claim on MCOL, I shall be ready to submit the claim on the MCOL site when the 14 day period has elapsed and proceed from there.   Thanks for everyone's help! Letter of claim and MCOL Particulars of Claim.pdf
    • Wow quite surprised by your response in all honesty as I can’t see where you have requested details of the car. The car is insured and that was budgeted for and paid in full, the increase of £5k is because of the modifications, which no we didn’t budget for as we didn’t plan to buy a modified car, so no that doesn’t form any part of wanting to return the car, perhaps you don’t understand the impact modifications have on insurance premiums? Thanks for your help so far but feel going the legal route probably suits us better.
    • new thread created for the court claims. please complete this twice and i'll make another thread from the 2nd PDL Claimform we need to keep them sep.  
    • Most banks do not have any customer service staff available to support those opening a new current or savings account, according to research for Investec Bank.View the full article
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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.

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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
        • Like

Link/Kearns Claimform - old Barclaycard debt - Now N244


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eh?

how can they have a judgement? theres been no hearing?

unless you didnt file that defence on MCOL by the 18th?

go check claim history.

 

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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i think kearns have made a mistake if thats the case.

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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This is my MCOL history so far:

Recent Transactions for Defendant

 
Claim Status

A claim was issued against you on 18/04/2023

Your acknowledgment of service was submitted on 04/05/2023 at 19:38:50

Your acknowledgment of service was received on 05/05/2023 at 08:05:19

Your defence was submitted on 19/05/2023 at 06:35:57

Your defence was received on 19/05/2023 at 08:05:31

 

Could it be down to the fact it wasn't served to Kearns in time? I'm assuming it goes by the above receipts date and time.

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i doubt it, and them not getting it by the minute is immaterial.. you are a Litigant in person (joe public against the system) a certain leeway is always given,. if there were judgement, it would show.

i think kearns (as they do) are pulling a fast one to scam you. 

they can see mcol too. so..

nothing unusual for link/kearns...worst scammers/ fleecers out there,

if you wish you could ring northants bulk and check.

 

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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Quite clearly states....

Your defence was received on 19/05/2023 at 08:05:31

Impossible for them to have judgment ...ignore or save to attach to your statement and refer to their intimidation and bring it to the courts attention.

  • Like 1

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

 

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I’ll call Northants Bulk to see what they’ve recorded.
 
Then best to add a thread on my MCOL records? 

I know if I did pay it off within a month the CCJ is taken off the record, how do I play it from here? 
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see what they say 1st eh?

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

Today, after 4 wasted lunch-hours (Why does HMCTS only open normal office hours when we are all trying to earn money at the same time to pay off the debts?!!!) I finally got through.

They confirmed no such action has been entered against me, no CCJ and all I have done so far is above board and recorded.

Kearns have yet to respond to my defence.

So, scammers/fleecers they seem to be then.   

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And to day is the 28th day since you submitted your defence ...the claim is now stayed.

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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:pound:oh that was so unexpected...

thats Paul and Selina Burdell, for you...

 

 

 

 

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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  • 3 months later...

Open

 

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  • 2 weeks later...

Hi All, 

Hope everyone is well. It's been a while, but just had an A4 envelope thud on the doormat today. 

Looks like the game's up and I will have to sort out a repayment of some sort.

Kearns have considered my defence which I 'filled' (and they spelled that wrong twice!) and their client "does sympathise with my situation", but they have kindly "offered me the opportunity to settle the matter without the need for further court action"

In response to me requesting copies of the original documentation, they have also sent those. I don't seem to have the original Notice of Assignment which is unusual as I am careful with filing my documents. 

So, short of paying the full amount owed, plus costs accrued so far, is there any other avenue I can explore?

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why do you keep thinking your game is up everytime you get a threat-o-gram.:noidea::nono:

have you not been reading up during the quiet periods so you get an overview of how low Link will go to frighten you and their tactics...we are sELF HELP TOO.

 

what you have is a very std letter sent for every claim.

scan up everything to one mass PDF let US decide NOT YOU. 

the claim is stayed  and will cost them upto £275 to lift the stay....

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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  • 3 weeks later...

they say they enclosed:

a Credit Card Application and Terms and Conditions  - NOPE they have NOT.

all they have done is included 2 sets of Terms and conditions with your name and address (is this the correct address for 18/07/2006?) at the top.

there's no dates on either of them, no signature from you on either and no signature or stamp from BC accepting the agreement on either  even if they were agreements...

they could have come out of Links filing cabinet and they inserted your details themselves . but eitherway neither are an enforceable Consumer Credit Agreement.

from page 12 there are two 2 pages of the well known 6620000000 T&C's which lost Hoist Uk lost SOOO many court claim over, that are well documented here , 30+ pages are missing but that is irrelevant.  type in 66200000 or claimform hoist barclaycard here and you'll see why.

Hoist UK are another DCA that raised so many BC claimforms that failed that their main group owner sold the uk branch off to another DCA as they lost so much money for the group in buying a portfolio of old BC debts they could never win on as NO paperwork ever existed. BC do not keep signed agreements and never have. 

see. PRA Letter of Claim - now Fast Track claimform - old barclaycard debt - now n244 - Page 6 - Financial Legal Issues - Consumer Action Group

.....

just like the below stunt.  

On 06/06/2023 at 20:41, Newdogg06 said:

"Dear Mr Newdogg06,

Thank you for taking the time to contact us regarding your previous Section 77/78 request, as part of the Consumer Credit Act (CCA) 1974.

Following a further review of the account in question, I can confirm that a County Court Judgement (CCJ) has been obtained in May 2023 and therefore the account is considered enforceable.
As such we are not required to comply with your more recent request.
If you have any further queries, please do not hesitate to contact us.
Yours Sincerely,
Brinda Mauree Complaint & Dispute Resolution Team"

i see they've included their already filled 'confession letter' to try and convince you even further they are the almighty...sorry Paul Burdell you are NOT. 

.............

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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  • 6 months later...

Hi All,

I've just had the inevitable N24 and other paperwork arrive.

I've read other examples on here and I think I understand the steps to follow.

I have until the 28th May to return the N180 Small Claims Direction Questionnaire, I also have an N244 Application notice copy.

I read an update on a case you kindly put a link in for me to read.

Turns out they lost in court and are now struggling.

I really don't want to get to that stage and am thinking mediation may be the way forward?

Thoughts please?

Pretty sure I've missed the 7 days to have the order set aside

For reference, this is what I received:

Dated 8th May

Before Deputy District Judge Baker sitting at the Civil National Business Centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN1 2LH

 
The Court will deal with the application to lift the stay without hearing under CPR 23.8(c)
 
It is ordered that:
 
The Application to lift the stay and for direction questionnaires to be issued is granted.
 
Because this Order has been made without a hearing, the parties have the right to apply to have the Order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. If the application is one which requires a hearing, and
 
a) the party making the application is the Defendant; and
b) the Defendant is an individual,
 
then upon the filing of the application the claim will be transferred to the Defendant's home court. In all other cases requiring a hearing the claim will be transferred to the preferred court.
 
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we need the full n244, their witness statement and ALL exhibits to one mass PDF please

we do not need statements or blank forms or info leaflets.

that case you refer too was a case of judge lottery. means nothing toward your good chances

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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On 15/05/2024 at 19:54, Newdogg06 said:

Pretty sure I've missed the 7 days to have the order set aside

You cant really oppose an application to lift the stay only be stayed for 11 months....claim is proceeding.

 

 

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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FYI I've had a copy from Kearns arrive today of the DQ from the claimant agreeing to referral to the Small Claims Mediation Service and without a hearing.

I am a bit wary of the two replies above from you both.

Which is the most relevant and most urgent to action?

I'm away from Sunday the 19th to Wednesday 22nd working abroad and am conscious there's a bank holiday the day before the deadline so it doesn't give me much time to collate and post relevant paperwork either to you or the parties involved.

Do I just fill in the N180 and post? 

Apologies for my ignorance, It's out of my comfort zone!

Also my case seems to be over the £10k barrier?

 

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Need to get your DQ in - it's your opportunity to have a say in what happens next!

It should then transfer to local court, who will look at the DQs and determine next actions.

Fairly self-explanatory and there are guidance notes on the site here.

My Asset/Link/Kearns case was reviewed a couple of weeks ago after transferring to local court and they have been ordered to provide a new CPR-compliant Particulars of Claim, Original Agreement, Deed of Assignment and Notice of Assignment. They have six weeks to comply or it's struck out. As with your case they are relying on a generic print out of an agreement with no personal details or signature.

Don't give the courts a chance to make any decisions without your input and get that N180/N181 in!

Your call as to whether you want mediation - given the lack of evidence from them there is probably no point as you can't mediate an account that appears not to exist.

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sorry but we need the full n244, their witness statement and ALL exhibits to one mass PDF please to properly advise.

we do not need statements or blank forms or info leaflets.

if Kearns have sent you their N180 then....


https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148


3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

.................

if they've sent an N181 please advise here.

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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3 hours ago, Newdogg06 said:

Do I just fill in the N180 and post? 

Yes

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

If you want advice on your Topic please PM me a link to your thread

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Thank you. 

I have filled them out, about to post. D1 answered as 'No' as per dx100uk's reply.

Does it make any difference that Kearns haven't filled any of my copy of the N180 out other than the 'CNBC' and the claim reference, out of interest?

 

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