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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
      • 162 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
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Highview/DCB(L) ANPR PCN Claimform - Catford Island Retail Park London SE6


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@dx100uk I have now read the sticky over and over multiple times and I do not find reasons to give for NO.

sticky - 

 

I have read other threads and one user was advised to "Just say on the papers unacceptable as you wish to challenge their Claim in person."

I will cast fresh eyes on it again in the morning in case I am yet again missing the glaring obvious.

I appreciate all your help in this fight

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you need to read all that posts in the link......:whistle:

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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  • 1 month later...

Hi Dave, the case has been Transfer to my local county court.

I got a Notice of Transfer of Proceedings dated before Christmas but reached me in the new year.

I am waiting for the local court to write to me now.

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Notice of Allocation N157 will be your next task.

 

Andy

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We could do with some help from you.

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Thanks fro.

I asked as there are other Caggers in the same position so it is useful to know what stage you're at.

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

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  • 3 months later...

i wonder what happened?
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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Have you received your Notice of Allocation N157 ?

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 - The National Consumer Service

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No - that's what I am waiting for,  I received a Notice of transfer of proceedings, within that it says "Details of the judge's direction will be sent to you in a notice of allocation"

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Contact your local County Court 3 months is not normal.

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 - The National Consumer Service

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Posted (edited)

That is different to my PCN issued by Highview.

I am not by any means an expert so I would leave it to the experts to check what I say and maybe delete this if it is not helpful.

My thoughts on this are

In the PoC they state you are liable as Driver or Keeper.

Firstly, I would challenge that .... are they pursuing you as Driver or as Keeper?

They don't know who the driver is, as stated on the NTK and, they don't know if you didn't tell them, so I would think that they can not pursue you as the driver.

The NTK is not fully compliant with POFA 2012 as LFI stated but specifically, and correct me if I am wrong, Section 9 [2][f] states that:

 

Section 9

(2) The notice MUST

(f) warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii) the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

 

All the applicable conditions under this Schedule (Schedule 4) are NOT met, specifically warning the keeper as in (f) ....

As far as I can see, the creditor has NOT warned the keeper on the NTK, as they MUST do in accordance with S9 [2](f).

So, as far as I can see that prohibits them from having the right to recover from the keeper.

 

I put it to you M'Lord, given the facts stated, the creditor does not have grounds to pursue the Driver, nor the Keeper!!

😂🤣😂

Maybe that's why you've not heard from the courts, what does it say on MCOL ?

Edited by anotheruser0000
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On 20/04/2024 at 07:22, fro said:

should I?  - I figured maybe back log. 

I will give them a call then - it's almost 4 months tbf

We saw a case not too long ago that was 4 months too.

What is your CC please?

If its a big one or a very understaffed one it is normal

underpaid paralegal

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Posted (edited)

my CC is Dartford county, nothing new on MCOL

Your claim was transferred to DARTFORD on 21/12/2023

Edited by fro
more info
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On 22/04/2024 at 13:05, fro said:

Your claim was transferred to DARTFORD on 21/12/2023

Not normal over 4 months

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We could do with some help from you.

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according to that article - almost 2.5 years wait. I decided to call them but enquires are not being dealt with on the number listed, but now on this number 03001235577.(Call centre)

let me spill before i forget.

The call centre agent said the case is missing the directions questionnaire from High View Parking

He said a letter was sent from Dartford CC on the 1st of March to County court business centre - and conclusion is that the Directions questionnaire is missing\misplaced.

He says what Dartford CC will now have to do is write to High View to resend their directions questionnaire.

Once received then the case can proceed he says.

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5 hours ago, fro said:

 

let me spill before i forget.

The call centre agent said the case is missing the directions questionnaire from High View Parking

:-D As stated not normal 

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 - The National Consumer Service

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

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  • 1 month later...

No development guys, heard nothing from the court so far.

Don't know how long I have to wait for this to be over.

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Posted (edited)

already 3 months, 1st of March was when the local CC apparently wrote to CC business centre.

I will call them again tomorrow

Edited by fro
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