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    • Another one. Top Tory placed dozens of bets on the election date. It looks as if he kept them under £100, thinking they wouldn't be investigated, but the Gambling Commission is looking at potential winnings as well as the size of the bet. How many more are there? https://archive.ph/StZqL
    • Calm Down please.... there is only one way to deal with this and that is - PROPERLY. Being surrounded by 'lawyers' who deal with 'disputes', just like going to the likes of CAB, in this instance has, most probably, to date,  sadly not helping you here. Such people always project an Aura of confidence, when the truth is they don't actually have the vast successful experience of the members here in dealing with the likes BMW. there are over 350 threads here . as far i gather this is the situation, In April, a car was purchased by your son from BMW. Finance taken out to purchase it has since been paid in full, as well as full payment for an annual Insurance policy. within 6 weeks, it was discovered and confirmed in writing, via a report from a local garage, that the car indeed had numerous performance modifications undertaken. Namely being remapped and with modifications to the exhaust system. having contacted his ins co, they require a further £5k to uprate his policy, without it renders the existing insurance policy invalid, thus the car is not being driven.  again within this 6 weeks, you wrote to BMW rejecting the car (we need to see this letter please. scan it up to PDF, please read our UPLOAD guide). at first BMW were onboard, even sending their own inspector, confirming the mods etc. but in the last 9 days since said inspection, comms have now gone dead. .................. you have 2 options - 1 - allow BMW to sort the car FOC and without hassle to him, but probably within their own snails pace timeframe. 2- EVENTUALLY bring legal action - this would most probably be under contract law, not a claim under the consumer rights act . (as financially you would lose out big time) to do 2. which is not easy and rather complex to calculate the financial sum involved...... we need all the info @BankFodder has requested. of many, but one good reason for this is say for this new mot, show the old one was suspect, good bargaining chip against 2500mls usage deductions... your call but you need to do this properly or not at all...............    
    • Hi, I've been reading through many of the stories in the sub-forum and I understand the process to be to send a Letter of Claim to the EVRi - in the post and to their customer support email and to sign up for MCOL.  I have looked at the various Letters of Claim and the MCOL claim forms - particulars of claim and I have gone through all of the screens on MCOL website to put in the final details so it is ready to go after the 14 days from when I send the Letter of Claim (of course assuming that EVRi dismisses my Letter of Claim to pay me in full!).  I also see the advise is to decline any mediation particularly because I have specified the parcel contents and value to EVRi when shipping it. I have put both the Letter of Claim and the forms from the MCOL particulars of claim into a single PDF for review.  The stories in the sub-forum often indicate people shipping with EVRi but some purchase through or have involved such companies as Parcel2Go and so I wasn't sure about the statement I made in the Letter of Claim if it was totally accurate to say "I am applying my third party rights under the Contracts (Rights of Third Parties) Act 1999"? I just wanted to confirm the correct wording.  In my case the parcel shipment was paid for on the EVRi website and sent at the Tesco EVRi Parcelshop.  On the MCOL claim form I have referenced Section 57 of the Consumer Rights Act 2015 in response to EVRi customer service hiding behind their lack of ability to insure delivery of laptops and their bogus non-compensated and prohibited items as a means to avoid any responsibility for them losing such items. Thank you for taking a look to see if there are any inaccuracies or amendments to the Letter of Claim - when it is looking good I will send via email and post it to EVRi.  Having drafted the particulars of the claim on MCOL, I shall be ready to submit the claim on the MCOL site when the 14 day period has elapsed and proceed from there.   Thanks for everyone's help! Letter of claim and MCOL Particulars of Claim.pdf
    • Wow quite surprised by your response in all honesty as I can’t see where you have requested details of the car. The car is insured and that was budgeted for and paid in full, the increase of £5k is because of the modifications, which no we didn’t budget for as we didn’t plan to buy a modified car, so no that doesn’t form any part of wanting to return the car, perhaps you don’t understand the impact modifications have on insurance premiums? Thanks for your help so far but feel going the legal route probably suits us better.
    • new thread created for the court claims. please complete this twice and i'll make another thread from the 2nd PDL Claimform we need to keep them sep.  
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

UKPC/DCBL ANPR PCN - appealed PAPLOC Now Claimform - Mcdonalds Bristol Patchway, 562 BS34 5TQ ***Claim Discontinued***


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Hi Dave 'Bluemail' client for windows desktop i also have the app on my phone. I looked for instructions on how to do this on my desktop client, the option is not there, i'm not an expert on read receipts but if Yahoo and Gmail don't support this im a bit snookered. ;)

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I found this for Bluemail  https://bluemail.me/help/read-receipts/

However, don't worry, a Return Receipt isn't essential.  I was just thinking about proof that you sent the WS.

The court will probably send you an automatic mail anyway, and on top of that you're going to pop a paper version in.

For UKPC, simply take a screenshot of your Sent folder after the mail has been sent.

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FTMDave - many thanks for your reply.

That is the same Bluemail instructions that i found online but it does not seem to exist on my version, the Outlook one does not work either even though i ticked read receipt, must be dependant on your email account. I found an add on for my browser, it works with gmail and it works fine ;) 

Ok im off to get started on the email now ;) 

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Mozilla Thunderbird Email client is available for Windows that allows read receipts if that's any help for future. Its the one  used by many on Linux

SUPPORT.MOZILLA.ORG

This article describes how to install Thunderbird on Windows.

 

  • Like 1

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

If you want advice on your thread please PM me a link to your thread

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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It might help Mystic Bertie using Thunderbird

 

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

If you want advice on your thread please PM me a link to your thread

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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FTMDave - I got the emails sent using the Gmail  method i previously mentioned. I formatted the email like you suggested.The WS and the 5 Exhibits . I took a snapshot of the sent items in my email client and saved it. I got an auto reply from all 3 addresses. ;) 

Dave amazing work indeed, when i read through the WS again i was blown away with how professional it is and your now on my christmas card list lol ;) 

 

Brassnecked i have used Thunderbird in the past. I have 8 email addresses and i tried to use a client that can handle them well in an organised way and that is free. Im not sure what email accounts you guys have but im thinking you wont get an email receipt unless your email account supports it. Im interested to find out what accounts you are using. ;) 

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Well done.

I bet UKPC won't be happy when they read their mails tomorrow morning.

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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

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They will definitely be unhappy tomorrow.

 

  • Like 1

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

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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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FTMDave - Yes its brilliant indeed ha ha its what crooks deserve. Would i be right in thinking i should hand deliver the documents to the court tomorrow afternoon and there is no need to send them to UKPC now? ;) 

 

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On 31/03/2024 at 23:37, mystic_bertie said:

I got an auto reply from all 3 addresses. ;)

Good!

So you don't have to do anything tomorrow.

However, leave a paper copy with the court only if you wish.

For UKPC do nothing, their auto replies show they've received what you sent.  Time for them to sweat! 

 

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We could do with some help from you.

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Hi Dave many thanks for your reply. Does that mean the court does not need a paper copy? I assumed it would but there no point driving there and back if its not essential. ;) 

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No you don't need to give them a paper copy.

In all honestly if neither of you have submitted your WS on time I doubt a judge will care. Also your a LIP.

I've sent WX's weeks late and its been absolutely fine. 

Just ask for a relief from sanctions when you go into the room if the judge brings it up.

Chances are tho, they won't bring it up. I've had it brought up once, and I simply said that it contained information that was essential, and that it fulfilled the test of fairness to allow it in. EVRi objected saying the deadlines "had to be enforced".

Judge sided with me essentially saying that it is in the interest of the court to allow it in as the information is highly relevant.

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underpaid paralegal

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jk2054 - many thanks for your very helpful reply.  That saves me a journey then and thanks for clearing that up. Ill keep what you said in mind so i have an answer for him if they do. ;) 

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On 29/03/2024 at 20:40, mystic_bertie said:

FTmdave - i cant thank you enough for what you have done, im very impressed with how professional it has been done and very factual.

I think it's a case of well done CAG.

I came across this site because, during long drives to football matches as an away fan, my then teenage son used to draw my attention to signs showing restrictions in the service areas we stopped at.

I thought I had better gen up on this private parking malarkey - and found CAG.

At the time I didn't have a clue what a Witness Statement was!

I do now due to standing on the shoulders of the Honeybee, dx, Brassnecked, Ericsbrother, Andyorch, LFI, etc. giants I found here.

That's what CAG is all about, empowering users and sharing important legal knowledge.  I'm damn sure if you know people in future with the attitude of "I got a private parking fine, I had better give in otherwise the parking company will divert a drone from Ukraine to hit my house" you'll explain the reality of their legal position and encourage them to fight back.

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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

If you want advice on your thread please PM me a link to your thread

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FTMDave - Its very impressive indeed how you have excelled in this department and you can give the advice and help the way you do.

The team on CAG go beyond the call of duty to help others including myself and i will be forever grateful and appreciate all the help.

I do donate occasionally when i can its good to support the site.

I did see someone recently on the Stroud facebook page complaining about a parking charge and i posted a link to the site and mentioned the kind of help i got on here. :) 

I got over 15k of debts wiped thanks to the the amazing help from the team on CAG. ;) 

So do i just turn up for the court hearing on the 17th Apr 3pm? Should i just follow the witness statement story? 

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On 03/04/2024 at 17:46, mystic_bertie said:

I got over 15k of debts wiped thanks to the amazing help from the team on CAG. ;) 

and if you dont win we'll spook the judge like nuthead trump does..😎

can't have one of our eldest customers losing :behindsofa:

you've been here longer than me...

dx

  • Like 2

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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Thanks Dave ;)

 

Dx many thanks for your reply. Spooking the judge is a great idea :) 

I hope i win this case, its such a waste of everyone's time but the stupid process must be followed. ;) 

I have just been here a couple of months longer than you, i did not realise i joined in 2006, where has all the time gone :) 

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  • 2 weeks later...

Good evening folks, i have my hearing tomorrow at 3pm. I have never been to court for a civil matter, what is likely to happen  and what do i need to do? 

I plan on going straight from work, i finish at 2pm, it will take about half an hour to get there, does that sound ok?

I called the court late this afternoon, sadly i was too late in the day and the office was closed.

 

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hi JK they dont have a website 

WWW.THELAWPAGES.COM

Cheltenham Magistrates Court Contact Details (address, email, telephone, fax, DX and map of location), Court Cases (Cheltenham Magistrates Court...

 

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its not a criminal case...

county court.

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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