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    • So do I gather that you are out of pocket to the tune of £2500 which is part of the purchase price and a further £1800 in respect of the warranty? The £2500 was used to buy the car. Did warranties200 per year or did they pay big motoring world directly?
    • Farage has agreed to be interviewed by Nick Robinson on Panorama. 7pm this Friday, BBC1. He didn't do very well last time he was questioned on specific policies.
    • I did what I told my husband not to do…and I telephoned them. All credit where it’s due, the lady on the phone was very helpful. I’m not gonna lie I broke down on the phone as this has been incredibly stressful. Perhaps that helped, but I would like to think they just realised they sold us a faulty car.    so we only bought one extended warranty and that was with Nissan. The car salesman gave us the hard sell and we fell for 100%! Part of the sell was if there was ever a problem then we would only ever take the car to a Nissan garage. There was a problem after a few days and we were instructed to go to a third party grange! We contacted Nissan on the phone and they said they would put on a complaint for us so maybe that helped too.    we just want to try and get all of our spend back now. The deposit, money for the finance and money for the extended warranty. I reload we will probably have to pay costs but I guess we can’t argue with that. We just need a new car!!!! Aaarrgghhhh!    thanks so much for your help once again. 
    • Right I see I didn't realise it had to be laid out like that. I have had another go, sorry I'm really struggling here! 1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. The claimant has thus far been unable to produce any evidence that the alleged debt has been legally assigned to them. Nor have they been able to provide evidence that notice of assignment was given to the defendant on the dates stated in the particulars of their claim. 3. The claimant has given no details as to the breakdown of their claim or what dates it relates to. As a result the defendant is unable to specifically defend the claim until the claimant can show how the amount has been reached. In the claimants particulars of claim, the claimant openly admits that they have a copy of the agreement and its terms and conditions but have failed to provide these to the defendant. Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a  written agreement: (1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s)  should be available at  the hearing. With the court’s permission the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed ; c) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed. 5. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
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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.

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      This is good ethical practice.

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      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.

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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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