Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

Link/Kearns Claimform - old Barclaycard debt - Now N244


Recommended Posts

3 hours ago, dx100uk said:

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

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

you follow the above 

On 15/05/2024 at 21:38, dx100uk said:

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.

ASAP too please

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... 

Link to post
Share on other sites

sure 

d1 = no... 

58 minutes ago, dx100uk said:

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

state the red too

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... 

Link to post
Share on other sites

  • 4 weeks later...

Hello,

Today I received an email with the Mediation Appointment Confirmation date.

It is by telephone.

This is set as a week Wednesday on the 19th June.

It is likely I will be away working, but it doesn't seem they will take that as reason to reschedule the appointment. 

How do I go from here?

It seems to have arrived sooner than I expected!

Am I prepared? Doesn't feel like it!

What's my course of action please?

 

Link to post
Share on other sites

On 15/05/2024 at 21:38, dx100uk said:

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.

dunno, we are still awaiting to see what cards link are playing with....re above.

why didn't you put the dates you wouldn't be available on the N180 as it asks? or did you not know then?

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... 

Link to post
Share on other sites

sorry post hidden

please merge them you can do it 

use the PDFMerge site listed in upload

we cant as free volunteers be expected to download 34 single page docs.

be here all night

everyone else manages it....

 

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... 

Link to post
Share on other sites

Still no CCA compliant paperwork then.. that's good for you.

Response from them regarding your defence filing is funny! :D we enclose the 'application' haha no agreement in sight but they will continue with court anyway! the cheek..

No chance they go near a courtroom with that paperwork as exhibits.

My advice is re-read your whole thread, many questions answered in 2023 it would be good to refresh your memory regarding the paperwork. Then read a load more claimform threads over the next week, in your downtime if still traveling alot.

 

 

CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

If you are able, without leaving yourself short, consider donating, all donations go towards Site hosting and maintenance - help us stay live for future people in need.

 

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

 

Essential Reading: Dealing with Customer Service

Link to post
Share on other sites

simply reply to mediation by email

stating despite numerous requests dating back over 1yrs the claimant nor their sols have supplied me with requested paperwork to enable me to make an informed decision upon entering into mediation. i therefore refuse.

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... 

Link to post
Share on other sites

was at the time you ticked it 

but now they've still not complied .

if you read up, here , you'll see thats what everyone does,

 

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... 

Link to post
Share on other sites

Sent the email yesterday as suggested.

I’ve had two reminders I’ve got the appointment tomorrow.

Only had a generic reply from SCM for receipt of my email.

Do I still ‘attend’ the appointment when they call?

Can’t see any similar situations in other threads. 

Link to post
Share on other sites

Unless mediation inform you its been cancelled .......yes you attend

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

Link to post
Share on other sites

I'm compiling a brief list of points to state in tomorrow's mediation call. 

it would seem that I have to come to an agreement of some sort.

Seeing as most of the defence, lack of genuine paperwork evidence from the claimant, mild threats etc. seems to go in my favour, is it best to mediate for that agreement or to let it run to court? 

Short of the 6 year rule playing out, I'm going to have to pay up somehow, so why don't I just end it tomorrow?

By paying I mean, not hurling myself off a cliff.  

 

Link to post
Share on other sites

1 hour ago, Newdogg06 said:

I'm compiling a brief list of points to state in tomorrow's mediation call. - why?

it would seem that I have to come to an agreement of some sort.- nope 

Seeing as most of the defence, lack of genuine paperwork evidence from the claimant, mild threats etc. seems to go in my favour, is it best to mediate for that agreement or to let it run to court? see below

Short of the 6 year rule playing out, I'm going to have to pay up somehow, so why don't I just end it tomorrow By paying - - wherever did you get that idea from...:crazy:

the same 3 question on the n180 are asked before the mediation can begin.

so you then say ... despite numerous requests dating back over 1yrs the claimant nor their sols have supplied me with requested paperwork to enable me to make an informed decision upon entering into mediation. i therefore refuse.

you are doing the same thing again you did last year 

https://www.consumeractiongroup.co.uk/topic/458251-linkkearns-claimform-old-barclaycard-debt-now-n244/?do=findComment&comment=5232418

 

 

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... 

Link to post
Share on other sites

no you GET READING UP 

100's of barclaycard claimform threads here.

read 5-10 a day.

you need to familiarise yourself with the court process, whats next, how to respond, what to do and NOT to do.

too much nursemaining gone on here already and you are not even at allocation stage.

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... 

Link to post
Share on other sites

Plenty of time to settle in the future should you choose to and only if the debt is proven and enforceable should you even entertain the idea of settling.

Do as advised for mediation 

Edited by Badtimes123

CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

If you are able, without leaving yourself short, consider donating, all donations go towards Site hosting and maintenance - help us stay live for future people in need.

 

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

 

Essential Reading: Dealing with Customer Service

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   1 Cagger


  • Have we helped you ...?


×
×
  • Create New...