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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Licensed breeder Puppy farm & genetically sick pups.***Settled***


Lesley A

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I'm sorry but I am not sure what else to say to you about this

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please do not give up on me sir.

i am trying desperately hard.

As a society, she cannot get away with this. I am trying to hold a puppy mill to account. It is not just about compensation.

She has been doing this for years without being held to account.

I would obviously prefer not to delay further by agreeing to set aside and I have to consider, even if I did, how I would make this more concise.

Which of these are uncoverable damages please, I could agree and amend if I no how but asking for a refund, the cost of replacement item and vet fees in the initial days following purchase appear the least i can ask for.

You advised I could not claim for the surgery he needed because I had not paid for it yet so I crossed off all of the surgeries he needed and only claimed for the above 3 things.

If it were you, how would you make it more concise. what would you delete/add.

Chances of a successful overturning of the order? 

How am I responsible for her costs when she obstructed service ( I have months of texts off her - not one with a spelling issue and never a request for verbal communication), and insisted on the court action in writing.

I have the envelope marked by Royal Mail with her refusal to accept service. Constant obstruction to justice.

Should I agree to set aside, offer out of court opportunity to settle then go again ? but again, how do I make this more concise.

Do I reduce the breaches? reduce the text content within the allegations? 

If I have to list her breaches by literally going through her license obligations, how do I reduce it if thats how many breaches were there.

Should I reduce the ones I cannot prove such as NO license being displayed. It was not, its a license breach but i do not have paper work for it to prove it. I note the denials come on points I cannot prove although I had a witness who can verify. 

Then leave the allegations I have receipts/reports for?

Bump up the Consumer Breaches ? 

Could I make it more concise by simply putting the things she has admitted to in the particulars only deviating from that where I have evidence of things in the denials?

I appreciate its been a long thread but few hold puppy farmers to account so these cases rarely even get to court. 

I cannot control how long it goes on for or how many interactions/documents/orders or letters will crop up throughout.

However, this is real and it helps others who will hold puppy farms to account - it also highlights the issues that are faced when you are going it alone.

Please continue to support me through this process.

If I agree to the return then re approach this, do I advise them of that.? I need to choose my words carefully.  

I do not want them to be able to say that I cannot go back again if I consent to an overturn.  do I give a date when the next claim will follow ? do I mention anything about a follow up claim ? 
 

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A Notice if Discontinuance.

  • they claim invalid service ( she spelt a wrong letter when forwarding her reps details). 
  • they claim this was due to dyslexia.  
  • they are also claiming some of my allegations have no evidence.  
  • one advisor said it’s rarely overturned so wait to hear but they are putting her fists on me for not signing discontinuance consent.  

BF says agree to discontinue ,

make particulars concise

but I do not know how, an approach methodically ?????

How, what does that mean.

I thought I had !!!! 

thank you. 
Sir, 

what should I do? 
Isn't service to their sister company close enough? 


he includes an email between himself and his client in June where he asks if she’s has provided me with their details, she confirms the address she gave me ?

He did  not correct her with those details it went to another firm that was theirs ??? 

Will they win ? 

if I agree to consent as you say and point out costs are their own if I agree,  does signing it mean I cannot re claim - abuse of process? 

Then would you continue to support with new PoC?? Being concise etc.  

Do I point out I will be issuing again ? 

I don't want to sign something that says I can’t make a new claim  against her  

it’s hard for people like me.  

To do this with no help is impossible. 

Do you think the focus of the particulars should be SOGA centred/focussed rather than any of her license breaches

I cannot prove on paper (I thought my witness counted as evidence) - would that make it more concise. eg I use one breach as her license states she should have it on display.  

My witness saw that but I don't have paper proof I could delete that breach and others where I considered the witness was evidence ? 

I can prove she misrepresented as I have her original ad.

Leave it at that for the particulars.  

I'm entitled to a refund, replacement and costs of vet fees if I stick to this rather than licensing breaches that a witness is needed to evidence ??? 

Breaches re his care I can prove with the vet reports of his condition 48 hours after purchase ? 

I am going to follow your advice to agree to the consent order and go again more methodically but I want to ensure the correct wording.  

Do I simply email saying I will sign the consent form if she agrees to pay her costs to date and leave it there.  

Do I ask for the wording to reflect on the consent order I sign.

 Do I get him to, this time, confirm he will receive service this time to the correct address - or nit mention coming back again yet ? 

I do not want to make this worse or sign a consent order unknowingly signing to say I will never return to claim either.  

Do I have to write saying I’ll sign a consent order with a ’why’ explanation of why I’m agreeing now? 

* line 4, word 4 of previous message should be costs not *

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Hi. 
noted and thank you. 

How do I word the letter needed that you advised to accept signing there consent form?

Do I simply state I have reconsidered and will agree to sign the consent upon agreement she pays her own costs???? 
That’s all I write? 
Do I mention further action?

Does the consent form he provided stop me making a fresh, methodical,  concise claim and when can I make the new claim?

Please advise.

I feel stressed that I should be addressing this asap.  
 

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they have written the consent order have they not?

as long as it does not say something like this consent order settles and prevents etc 'this and any future claims' or 'all and any future claims' simply agree to it, if you have a copy already, simply sign it and return a copy to them .

issue your N279 to the court and send the defendant a copy 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... 

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Many Thanks.

This is the order. Just checking please.

Theres no mention of the things you refer to but the costs part is my query.

Do I need to contact him by email prior to signing for the acknowledgement of the breeder paying her home costs.

If its a stay of execution for a month - do I still complete the N279.

If I need a more concise claim - does this rout offer me the chance to put a new set of particulars together that are more evidence based and concise? 

Is this rout basically a whole new claim?

whoops the Order:

Draft Consent Order - stay of execution(22349545.1).pdf

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why redact the date...:frusty:

put it back.

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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Its a request to stay the execution of the default judgment...given you have not started execution there is no requirement to agree to the consent. However its also a request for you to consent to a set a side application which without your consent they would find it very hard to achieve success.

As for the reserving of particulars then simply send them a further copy of the particulars.

You cant discontinue the claim now given you have judgment so forget the n279.

 

Andy

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PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Didn’t realise I had redacted the date.  
I’ll check and correct if so.  
luv the emoji lol. 

Its a request to stay the execution of the default judgment...given you have not started execution there is no requirement to agree to the consent. However its also a request for you to consent to a set a side application which without your consent they would find it very hard to achieve success.

As for the reserving of particulars then simply send them a further copy of the particulars.

You cant discontinue the claim now given you have judgment so forget the n279.

extremely grateful for this.  

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11 minutes ago, Lesley A said:

Didn’t realise I had redacted the date.  
I’ll check and correct if so.  

You didn't ,that's for them to complete should you agree to the consent..which I advise you not to as per my previous post.

 

 

 

.

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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 OTHER

 

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Thank you both this.  
I appreciate the clarity. 
I will continue and update you.  
I am just waiting to see what the courts decide. As you previously advised, a successful application by them will override any JECO I have started.  
however, tbh, I have responses for their application and proof she decayed to accept delivery by Royal Mail etc so I think if u have not from the courts by 2/1/24, I’m going to start HCEO.  

 I am appreciative of your advice and ongoing support.  
I will come back with updates but wish you all at the site team a great Christmas and new year holiday.  🙏🏽🙏🏽🤞🏽🤞🏽

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Hi,

 

Update:  I have just received the following by recorded delivery.

Following their initial contact a couple of weeks ago, I forwarded a copy of the particulars which has been defended now.

FYI: just noted in her solicitor's witness statement, he shows original emails from the breeder to him in June when I notified her of a claim.

She contacts him, he asks if she has provided their details for service, she replies yes and confirms to him which address she gave me.

He did not correct her on that address, or advise her it was going to their sister company so she would have to resend the correct details then quoting them for her.

He did nothing to ensure she forwarded amended details and his sister company surely forwarded those particulars onto him. ?????

Many defend with claims of invalid service but does the Judge not then assess how close those docs to be serving correctly - hence their solicitors sister company is close enough. 

He is asking in the accompanying letter if I will confirm I will not start HCEO before the courts have decided their outcome.

If I start HCEO will they have collected before his heard thus paying me. He is very insistent on me agreeing not to action the HCEO and I get the vibe its because they would have collected the debt before the courts get to their application. Why is this an issue to him if he knows  that even if i started HCEO, the courts would cancel it out whilst they assessed his application anyway. Do I consent or do nothing - do I have to respond to this yet or wait for the courts to write me direct?

 

 

stimmler order.pdf

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  • AndyOrch changed the title to Licensed breeder Puppy farm & genetically sick pups.

I would hold off on the execution (if not submitted yet)now given they have now made application to set a side. If you could redact upload a copy of the their statement in support of the application please Lesley.

 

Andy

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Ok - will do.

For future ref, its only my details I redact ? none of theirs?

His statement is below. He has made his statement based on inaccuracies. 

My Letter of notification included the potential quoted costs of the surgeries he needed, whilst under her care.

I did not know of this Forum then so initially, I went to Trading Standards who said breeders had to be informed of all that was wrong with him and liable for the surgeries he needed. That's the thousands of pounds they refer to in terms of an unrealistic amount. 

Regardless of those quotes, Ben Fodder levelled my expectations and said I could only claim for the things I had actually paid out so when I produced the Particulars, I only claimed the refund, a cost of a healthy replacement item and vet fees.  Its the claim I actually made right?

He cannot judge me based on things I had been told I could claim and included in the approx costs she could face if the case went ahead. I did not claim them but he is deflecting there.

The court will only judge me based on the actual claim ?

stimmler statement..pdf

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4 minutes ago, Lesley A said:

For future ref, its only my details I redact ? none of theirs?

Correct ...no need to upload the n244 again. Their application will only be considered on if the correct process has been followed not on personal details submitted within the statement.

 

.

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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Post unapproved please do not post external links to legal websites

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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Just an FYI if you open a raw PDF that has had the marker tool used over it you can still just open in Firefox, highlight the text and copy it out. Would suggest digital PDFs like this is to "print" them as a PDF then edit over them.

thank you and noted.  
 

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  • 3 weeks later...

Update:

I have received notice from the court that a hearing is set in person for 17/1/24 for their application to be heard.

What should i do to prepare, what should i prepare, is my focus  on how they were served and evidenced or my original claim or just their side to be heard ?

i know how to behave and present myself but what docs do i need and what is my point - the case or the service issue or both?

 

notice of hearing cag.pdf

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You can submit your own statement in response with objections as to why the application should be dismissed.This must be filed and served on the defendant not less han 7 days pre hearing.

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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