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    • DQ done and will be sent today you guys always advise never to sign anything sent to the DCA as they can do all sorts with it but the DQ will have signature on it ??🙈
    • Have you had any confirmation in writing that they have given you the extra time. I've never heard of a telephone/verbal acknowledgement of service before. The County Courts can be very helpful – but they are also under resourced and very inefficient. I think I would only feel comfortable about this if you had something in writing but even if it was to some email it would still leave me uncertain. The last thing you want is to find that you been promised extra time on the telephone – but this doesn't make it through to the computer system and your client then applies for a judgement in default which you then have to try and set aside. In principle of course you could even apply for a strikeout on the basis that the protocol hadn't been followed but this will require an application notice – probably about 250 quid or maybe a bit more nowadays – and although technically speaking if the pre-action protocol hadn't been followed this should result in an immediate dismissal of the case, if it turned out that the client had sent something and it was lost in the post, for instance, or even if the client then came to have said something, this could cause uncertainty and difficulties. If you were to make that kind of application then frankly it would carry much more weight if it was accompanied by a draft defence and for that you would need to see the claim. Also, if you tried to ask for a dismissal on the basis that the protocol hadn't been followed, this would require a hearing and that could easily take several months to be heard so that you are up in the air. I think you should certainly put it in writing to the County Court that you have been unable to access the claim form. You should do this by email straightaway. I think the best thing to do is to make absolutely sure that the County Court has it in writing that you have received notification of the claim but you can't access the claim, that they have said to you that your verbal acknowledgement is sufficient to gain the extra 14 days – and then when you eventually get the claim form, we can consider the defence and also put in the dismissal/strikeout application at the same time which will cost you no money at all because it will be part of the defence and if you have a cogent basis for resisting the claim then the judge is likely to be supported. Also, just asking for a dismissal of the claim on the basis of no letter of claim leaves it wide open for your client to come back and try again in a more considered and structured and effective way. If a judge dismisses the claim on the basis that they find your defence more compelling, then that is the end of the story for the client. And that is what you really want.  
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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.

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      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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Email and post hard copy will be okay a day or so

We could do with some help from you.

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Hear ?  Do you not intend attending ?

We could do with some help from you.

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You will be there to put forward your objections you won't hear from the court.They either get the set a side or not whilst your there.

We could do with some help from you.

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She ?  Rep ? If you mean defendant then as per the court hearing order "in person" they must attend.

It will serve you well to familiarise yourself with CPR 13 Setiing a Side varying a default judgment then you are familiar with the process and what is legally valid .

We could do with some help from you.

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Hi. 
just a quickie. 
as you know, my hearing is tomorrow.  


I am getting an onslaught of emails from her rep asking me to sign to have it overturned.  
they are trying to put her costs on me as I would not sign.  
I am stressed enough re the hearing but now they have sent me the breeders legal bill of £7k. 
that’s higher than the settlement!!

How has she mitigated her losses when paying the settlement was £2k cheaper than her bill to defend !!!! 

They received 3 out of 4 sets of docs yet the service docs never got there????  

Invalid service claim ????

How.  


evidence supplied showed the breeders email to her rep in June telling them the exact details she gave me for service.

 No one corrected those details??

They all knew I had the wrong address.  but it wasn’t wrong address.

 It went to their firm but to offices that do not deal with this kind of claim.  


will court put that bill on me? 
 

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Usual tactics to intimidate you and it sounds like its working. They are desperate and a last ditch attempt for you to consent to their application. As for 7K costs not a chance in small claims track...let the court decide at the hearing tomorrow.

Hold your nerve.

 

.

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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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under small claims even if they do win they be hard-pressed to get little over £70 cost...let alone £7k...:pound:

all done to frighten you .

oh and watchout for the next tactic, wanting to have a little chat before you both go into the hearing. smile walk away.

dx

 

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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 only a set a side application hearing...costs are not on the agenda.

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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oh yea forgot this is such a long story. 

what nasty people

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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You should be in and out within 20 mins and hopefully their application dismissed.

Dont forget to brush up on the link I posted above CPR 13.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

 

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We could do with some help from you.

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Hearing outcome:   So they did not get the overturn on the basis of invalid service. the judge agreed they were served. So her costs stayed with her as a result.  

However, he said the allegations against her are serious and he wanted them heard in court fir judgement and today wasn’t the aim of that kind of hearing.

He overturned it on a discretionary judgement orr a hearing but not based on their application. hope that makes sense.

Judge did hint I cannot claim for a refund and replacement. 
Also I cant claim for cost of a KC pup when I purchased a non KC. Pup so that will need to amend.   

He said I’ll get a set of questions next. hope that makes sense.  
she sent a barrister who was livid by the end of the hearing so I see they as a gud sign.  

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So it is proceeding to allocation to which you will have to file a Directions Questionnaire N180....then you will be informed of the directions and hearing date.

You will have to draft a witness statement once the court has informed in which you will have to amend your pleadings slight in line with what you have stated above.

 

Andy

We could do with some help from you.

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I found more evidence of her concealing vet records within the puppy pack that confirmed his murmur was a minimum 4 yet she advertised a grade 3 two months after diagnosis too. 
the judge said if it goes as far as a hearing so she may settle.  Costly to defend now.  
should I send her solicitor notice I’m changing the amount incase it encourages that or wait for court docs? 
mo’s it my choice if I claim a refund or replacement so I can make it clear in WS. ? 

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Judge also told them he didn’t blame me for not returning the dog and my reasons for refusing were valid.  
Surely this will cost her more to defend than pay if I’m reducing the amount also ? 

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11 minutes ago, Lesley A said:

should I send her solicitor notice I’m changing the amount incase it encourages that or wait for court docs? 
mo’s it my choice if I claim a refund or replacement so I can make it clear in WS. ? 

No you can clarify that in your witness's statement and the court should adjust accordingly

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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  • 3 months later...

Open 

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