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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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ParkingEye ANPR PCN PAPLOC Now Claimform - New Directions Holdings, Lambourne Crescent, Llanishen, Cardiff, CF14 5GL ***Claim Discontinued***


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You could go for GDPR straight away, but ...

You would actually be suing for distress caused by breach of your GDPR.  Therefore the longer the period of distress goes on the more you can sue for and the worse it will be for them.

If you let on now that you have a copy of the contract that they tried to hide from you then they are highly likely to throw in the towel and discontinue the case, thus reducing the period of distress.  If the final objective is to give them as big a kicking as possible, it would be better for you to let them to actually proceed to a court hearing, as that makes the period of distress longer and the distress worse.

 

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Cheers Dave, that was along my line of thinking also.  I'll let them dig themselves into a grave first.  Hopefully give them a kicking if it goes as far as a hearing then when I win (hopefully with unreasonable costs order added on) I'll drop the GDPR hand grenade on them. 😉

Game on.

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A chilly good morning to you all.

Came home last night to two letters.  One was the N180 directions questionnaire from the court.  That was to be expected.

The other was from PE, and it contained something I've not come across before, a "Reply to Defence" pack.  This was a fully fleshed out witness statement, forming about 30 double sided pages of guff.  Most of it about PE vs Beavis, plus copies of all the letters sent, the redacted contract and pictures of signage at the site.  I can scan the whole thing up here but as it's a lot of paperwork it'll take me a while.

Cheers

CD

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Second one just sounds like a really long winded version of the standard "you have no chance of winning we'll crush you best to stop now and settle yada yada yada" toilet paper.

Saying that, if they've genuinely sent their witness statement (or a version of it) this early it gives you extra time to prepare!

Definitely scan it up and see what the regulars recommend.
 

We could do with some help from you.

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PE are going through a process of completely changing their approach to court claims.

One is to send this encyclopedia-length load of bilge in order to sap the will to live of the recipient 😉

We've seen it a couple of times recently and what they send is truly tedious.

It's excellent news that they've sent the redacted contract a second time.  That's a second piece of evidence that no genuine mistake was made, they saw the contract, realised you were within the grace period, hid the information from you, and continued with a vexatious case.  Great ammo for an unreasonable behaviour costs order (if they don't bottle at WS stage) and later for breach of GDPR

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Another thing I forgot to mention is they sent me another letter late last week stating that they would be willing to "settle out of court" for £110 as a one-off gesture of goodwill.  

After I'd stopped laughing hysterically, that went straight in the bin.  

Maybe I should have replied saying "I accept your offer, please send the cheque to xyz".

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i think that means you pay £110 not them to you.

you should NEVER EVER bin stuff that is or might be subject to a court hearing.

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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That 30 page pack as FTMDave has indicated is another psyop to get someone with a cast iron or good defence to pay up. They will blather about Beavis which is not the killer they want people to think it is, it applies narrowly on its own facts.

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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Hey all.

my N180 DQ form has now been completed and sent back to the court. 

Just the waiting game now until we get told to put together a witness statement of course. 

I fully intend to scan up the entirety of their acre of Peruvian rainforest that was slashed-and-burned in order to produced their "reply to defence" pack.

In the meantime, just to warm your cockles on this chilly day, please see attached for their "gesture of goodwill" letter. 

How nice of them, how philanthropic.  

Cheers

CD

PE-GOGW-Letter_Redacted.pdf

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14 minutes ago, Cardiff Devil said:

my N180 DQ form has now been completed and sent back to the court. 

you send PR a copy suitably redacted of phone/email/sig didnt you too?
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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Correct.  Any documents to the claimant I leave unsigned and contact details blank.

Please see attached for the aforementioned trimmed down "reply to defence" pack from PE. 

I removed all the spurious information which was just copies of the NTK and all letters and reminders they've sent, plus copies of my snotty letter and their heavily redacted contract with the "landowner" who isn't the landowner. 

With all that gumph removed it came back in at a rather svelte 13 pages (out of the 71 originally sent). 

Please see attached,

Cheers

CD

 

PE-ReplytoDefence_Redacted.pdf

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I've just had the quickest of flick through and see they have lied about the consideration period.  Oh dear ...

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The whole thing is a real giggle...

"The defence does not contain submissions as to why the terms and conditions have been breached"...

Errr, that's 'cos they weren't breached.🤔

The consideration period is "commercially sensitive" and they're under no obligation to reveal it.🤣

Later on, they mention the grace period and claim it's the consideration period.🤪

I understand that this is scare tactics, but surely, they aren't stoopid enough to take it any further....

Surely?

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To correct myself after reading the whole load of bilge.

They haven't lied about the consideration period.

It's the grace period that they have completely ignored.

There must be a reason why they've asked you to pay half the amount they reckon they are entitled to.

This will all end in tears - for them!

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A complete messup that does them no favours'

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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Could you please post up what is left of their redacted contract. They obviously do not want you to see it.

Does seem rather unfair that by challenging your defence they are effectively getting two bites at their WS.

Edited by lookinforinfo
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8 hours ago, lookinforinfo said:

Does seem rather unfair that by challenging your defence they are effectively getting two bites at their WS.

The good thing LFI, is that they've said too much and only dug their own hole deeper by saying stupid things that can be used against them.

In the past, I have entered into "letter tennis" with opponents, (not solicitors) with the specific intention of eliciting useful information... It can work.

I found that the more they write, the more mistakes they make.

You just need to be very careful with your own letters, only challenging and asking questions.

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  • 2 months later...

Hi all, and a belated happy christmas and new year.

Got home this evening to a letter from the court that I've not come across before.  I can scan the whole thing up tomorrow if needs be but I'll just outline it briefly now to hopefully get some context.

At first glance it looked like the bog standard "notice of allocation to the small claims track (hearing)" letter that I was expecting.  But under "Allocation", it states;

Quote

 

1. The court has decided to determine the case upon consideration of the written evidence of the parties without the parties attending court to give any oral evidence.  It does so in accordance with Practice Direction 51ZC, the court believing it to be a proportionate and efficient means of determining the case.

2. If any party objects to the case being determined in this way, they should write to the court not less than 7 days prior to the hearing date providing brief reasons why they think such a determination is not appropriate. Such correspondence will be placed before the judge on the date and at the time listed for the hearing of the case who will then reconsider whether the case should be determined on papers or whether the case should be re-listed on another date when the parties can attend court to give oral evidence.

 

The rest of the letter is pretty standard stuff.  Except with the hearing date, it states "The parties must not attend the court building".

On the DQ I specified that I objected to the case being heard on paper evidence only, I can't remember the exact wording that I used but it was something along the lines of;

Quote

"The Defendant objects strongly to these proposals.  
The Defendant denies that the matter is relatively straightforward.
The issues in dispute include uncertainty about the terms of the claimant's contract with the landowner, among others.  
As a litigant in person, the defendant would be seriously disadvantaged against the claimant, a multi million pound parking company that inevitably will have a team of solicitors on the payroll to prepare its documents.  The defendant also requests the opportunity to question the claimant regarding its witness statement and other documents."

Am I right in thinking that I want to STRONGLY object again to this hearing going ahead "on the papers", and push for a normal hearing instead?

 

Thanks

CD

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yes!

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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The backlog could be easily reduced by PE withdrawing their idiotic claim!

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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 OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

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