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    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
    • Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either. Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period. I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept. But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving.  So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.
    • As your first PCN was a Notice to Driver which would have been followed by a Notice to keeper over a month later [even though it may only state Parking Charge notice] it is even more necessary to send PE an SAR. If either document fails to comply with the Protection of Freedoms Act  2012 Schedule 4 then both you and your father are in the clear. So you do not need to worry about is any paperwork from unregulated debt collectors and fifth rate solicitors. The only thing to look out for is a Letter of Claim and all you have to do is respond with a snotty letter back to them .  
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      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.
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Licensed breeder Puppy farm & genetically sick pups.


Lesley A

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I have checked and cannot see I am making claims without evidence - genuinely. 
at the start of this thread your opinion was that I would win.  Even though I had no idea at the time what breaches had actually occurred nor had I listed many.  
You advised me to particularise the breaches, restructure completely and reduce the original.  
I did so.  
I am simply trying to highlight the extent of her negligence with regulations/breaches fitting my situation.  
Now have done all of that, your final opinion is my chances of winning are remote.  
I am very confused in all honesty.  
should I drop all the licensing breaches and keep the consumer parts in only ? 

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  • 2 months later...

Hi.  
I just wanted to provide an update.  
I have won the case in full without a hearing.  
In a previous thread I was advised that the breeders financial situation was irrelevant - it’s not.  It matters.  £5.2k was awarded.  
The court consider their finances  in assessing wether an order is being forced for an amount the defendant simply cannot pay.  
thank you for your assistance in this matter.
regards 

lesley.  

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Thank you and you’re welcome.  
I anticipate none payment which is due 1/12.  
the courts have advised it’s a higher level of ‘collection techniques’ by bailifffs as the award exceeds £5k.  
They have advised me to complete a writt control form on 2/12 if no payment but I will defo keep you informed.  
thanks again.  

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33 minutes ago, Lesley A said:

I have won the case in full without a hearing.  

In mediation or you have a default judgment ?

We could do with some help from you.

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I have not received the paperwork yet from the courts - I happened to call the court for an update but I’m pretty sure it’s a default judgement.  
they are posting it out today so I will confirm upon receipt but they said it’s higher level of collection and the form they told me to complete on the 2/12 triggers bailiff collection.  

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Hi, 

Update:

the breeder has now had a solicitors letter sent to me refusing to accept judgement based on a faulty service ( claiming the name was spelt wrong etc), no PoC has been received , I must stop the judgement or pay her costs in court as she now seeks an urgent order based on incorrect service.

 
I explained she confirmed their details twice upon being asked where she wanted docs to go and that she refused delivery at her home address of the action coming she’s obstructed service herself.  


lesley 

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They will have to make application to set a side then...not that they have any valid grounds or any chance of success.

We could do with some help from you.

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Thank you for that, 

I have simply told them if they succeed in their request for it be set aside, I will be asking for a CCJ at the hearing for a charge on her property.  
She supplied her reps name.  It didn’t appear on google so I text her to say they didn’t exist. 
she text back confirming their name and address for service.  
I sent copies to her home by recorded delivery.  She refused it and it was returned marked as refused to accept by the a Royal Mail.  
She has provided fake details and was asked twice for confirmation.  So I believe she did this deliberately.  
If they are claiming they never knew of the action, won’t the court re consider the judgement? 
Regards 

lesley.  

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8 minutes ago, Lesley A said:

I will be asking for a CCJ at the hearing for a charge on her property.  

 Charge not CCJ, why wait you can already with your judgment but its not the best way to execute a judgment as it merely provides security of your judgment and will sit there until the defendant decides to sell their property. Also if the defendant is a joint owner and the judgment is in his/her name only its placed as a restriction on their share of the value of the property. I doubt you would ever see any payment from the charge.

There are over options to execute a judgment and if your judgment is above 5K you can use HCEO.

We could do with some help from you.

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Agreed.

I was going with the writ of control but her date for payment was today so I cannot initiate it until tomorrow.  


N293a is the form they told me to use- is that what you refer to with HCEO? 


It’s above £5k so the courts have advised it’s a higher level of collection techniques used by bailiffs.  


Her husband has gun crime offences and is out there in google so true - should I advise the bailiffs he uses guns or is that not my place - I worry for them.  

Her property is jointly owned but mortgage free. 


Does a charge not force her to with pay or sell to pay? It  just sits there until sale? 

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32 minutes ago, Lesley A said:

N293a is the form they told me to use- is that what you refer to with HCEO? 

Correct and its not your concern for the safety of a Bailiff..there have been recent developments in which Judgment of + £600 can now be transferred up to High Court for enforcement purposes.

If the judgment obtained in the County Court is over £5000 and the claimant wishes to enforce this by way of execution against the debtor’s goods, then it must be transferred up to the High Court for enforcement. This will be undertaken by a High Court Enforcement Officer.

An important development is that smaller claims (£600 and above) in the County Court, known as County Court Judgments (CCJs), are increasingly also being transferred up to the High Court for enforcement. This is owing to:
a) The High Court Enforcement Officer greater powers.
b) Unlike County Court Bailiffs, HCEOs also work within a private company and are paid on results – based on the amount that is collected.

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You may wish to wait a week and see if this Solicitors letter carry's any weight its pointless executing the judgment immediately if there is a threat of application to set a side....if they were to get a set a side (which I very much doubt) it would take precedent over your execution.

We could do with some help from you.

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Ok.   Will the court give me the chance to prove she sent fake details to prevent service? 
should I contest it immediately so they do not even overturn it or wait for court contact? 
what is the point of making orders of someone can suddenly realise they are in trouble after an order with no engagement prior and have it stopped? 
should I contest niw or wait ? 
regards 

lesley 

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You sit tight and see if their threat transpires..if they make an application the court will send you a copy of their application (n244) and evidence/statement in support of their application. You can then submit your own statement in response (within 7 days of the notified hearing date) with objections and evidence as to why the court should dismiss their application.

Lets see what transpires I'm sure it will be smoke and mirrors.

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6 hours ago, Lesley A said:


Does a charge not force her to with pay or sell to pay? It  just sits there until sale?

dont go for a charging order as it would only be a restriction k and useless to you even upon sale.

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,

I have an update.  The breeders solicitor contacted me again today attaching a consent order for me to stay it for 28 days.

You may remember they claimed no service but clarified how many times i checked the info she gave me with her and i then alleged she had given spurious details deliberately to avoid service.

They approach today stating she was not intending to provide incorrect details - she is dyslexic. I pointed out that she was not dyslexic when she opted to text rather than call. Nor when she wrote she wanted  court resolution, that dyslexics are able to copy from screens and given the gravity of the situation she would have asked for spousal support if dyslexic and writing important texts.

I also highlighted she had received docs by me by recorded delivery as they claim she has had no time to consider the options given no claim form was received. 

i have reminded them of the 8 month convos by text, recorded delivery evidence of the notification of the claim and her following refusal to accept recorded deliveries for service. 

i have refused  their requests stating HCEO will commence this friday and if they thought they could overturn it, we would not be discussing this now.

Regards

Lesley

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so..... if they thought they could overturn, they would have  - right?

She hates spending money so she obvs left solicitor involvement for advise throughout until the day she got the order so knew she had no choice.

He must have warned her she has little chance and that further costs will apply of she loses??

I am wandering if I have sat tight for long enough as they would have made that emergency order to overturn last week surely/

I cannot imagine they would write to me with requests for delays if they thought they could get it overturned.

Is clear from the things her rep has said that she is not telling him the truth. As i provide more info, their stance changes based on the info i provide them.

I have suggested he pushes for a truthful heart to heart with his client as he is not getting so at the Mo.

She was not dyslexic when she saw the notification of the claim received by signed for delivery then refuse all other recorded delivery mail as the notification informed her to expect it - my mistake but you live and learn and it has actually worked in my favour

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I suggest that you respond:

Quote

Dear XXX

Your reference XXX

I have received your request for consent to a stay of the claim.

I'm not prepared to agree to this and you will have to go to the court and asked the judge.
I can tell you now that I will be opposing this. I have ample evidence in the form of messages from your client which show the your client was completely aware of the action – both as a result of the letter of claim and eventually the papers which were duly served upon her.

You say that your client is dyslexic. There has never been any evidence of this before – but if that truly is the case then I will certainly be asking the court to require evidence of this and secondly to require an explanation as to how this has managed to prevent your client from knowing the existence of the action and dealing with it correctly.

If you want you can start off by sending me copies of that evidence but I am unlikely to change my mind.

Signed

I have been through all your previous posts so I hope that what I have suggested above generally speaking is correct in terms of the references to correspondence et cetera.

Modify it as you wish and post your modified version here. Try to keep it brief and to the point – not too much narrative. They aren't interested in narrative. Keep it businesslike and pragmatic.

Of course you don't have to send the suggested response at all if you don't want

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Many thanks for that template.

As mentioned above, I had already replied saying much the same thing so your response confirms my own - thank you. Following last weeks advice that these orders are rarely overturned, I just stuck to my guns.

It was clear they did not  know the facts though so i did add detailed examples of where she proved she certainly did not show signs of dyslexia in detailed, well punctuated texts but neither did she ask for verbal communication because of it.

In the legal world this may be classed as narrative but i thought the more accurate evidence i can give them that she is not telling the whole truth means they advise her sooner to pay and not encourage this kind of nonsense because they do not really know the facts - but point taken and lesson learned.

i did not think to ask for evidence of the dyslexia or how that impacts her understanding - she is in partnership with her husband who made all the decisions on the purchase day so is fully aware of this action - their LAO has been visiting since i reported her too.

given my response was a little detailed, i have not uploaded it

on this occasion. 

I may as well start the HCEO action as they clearly would have applied to court last week if they thought they could win - do you think?

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17 hours ago, Lesley A said:

I have an update.  The breeders solicitor contacted me again today attaching a consent order for me to stay it for 28 days.

Stay the execution (which you have yet to start) not the claim, you have a default judgment that cant be stayed.

No set a side application then ? :classic_biggrin:

 

Andy

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Hi.
Well I have not anything from the courts about it being overturned.  
I have refused to sign their request to wait for 28 days so I am going to iniate thd HCEO.  
uf they thought they could stop it or reverse it or delay it - they would have done so.  
They would not be asking me for more time !!! As advised I have waited to begin the HCEO and informed them she has until tomorrow - 7 days post deadline.  

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Hi. 
I am trying to initiate the HCEO.  Can anyone help with the form please   

I am stuck on the N293a form. 
In the right sided box in section 1-  I have no separate ref numbers for claimant or defendant - leave blank or N/A or re enter claim number? 
part 1: there’s a box on the far right below the claim number section. Do I enter anything into the ‘ I intend  to enforce the judgement or order by execution …. … In the High Court and require this certificate for this purpose’.  What purpose? Settlement of order ok? 
section 3 - is that for me to complete? 
County Court Claim Number - is that ‘The Claim’  number.  
I do not have a high court enforcement number? Does that follow? Do I leave it blank ? 
top right hand corner, 2nd line:  To “?????’ Or ‘??????’  
against ??? The breeder? 
section A - does bailiff add costs there or my costs ( Iv paid £75 for the HCEO - Just enter that?). 
section B - I’d that the interest only amount awarded by the court? 
Section C - Possession of …. What- the total amount entered there? Plus my £75?
Now, section C address for service - is that the breeders address or the address I gave for service which is their argument for invalid initial service or the ‘correct address’ she claims it should have gone to. 
it’s always the forms that get me.  

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38 minutes ago, Lesley A said:

Hi. 
I am trying to initiate the HCEO.  Can anyone help with the form please   

I am stuck on the N293a form. 
In the right sided box in section 1-  I have no separate ref numbers for claimant or defendant - leave blank or N/A or re enter claim number? N/A
part 1: there’s a box on the far right below the claim number section. Do I enter anything into the ‘ I intend  to enforce the judgement or order by execution …. … In the High Court and require this certificate for this purpose’.  What purpose? Settlement of order ok? 
section 3 - is that for me to complete?  Tick Writ of Control and sign
County Court Claim Number - is that ‘The Claim’  number.  Yes
I do not have a high court enforcement number? Does that follow? Do I leave it blank ?  Yes
top right hand corner, 2nd line:  To “?????’ Or ‘??????’  Leave blank
against ??? The breeder?  Yes
section A - does bailiff add costs there or my costs ( Iv paid £75 for the HCEO - Just enter that?). Your costs inc fee for HCEO
section B - I’d that the interest only amount awarded by the court? Yes 8% on the total
Section C - Possession of …. What- the total amount entered there? Plus my £75? Yes
Now, section C address for service - is that the breeders address or the address I gave for service which is their argument for invalid initial service or the ‘correct address’ she claims it should have gone to. Yes
it’s always the forms that get me.  

 

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