Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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

Lowell/Overdale Claim Form - old PayPal Credit Account


Thewilf

Recommended Posts

Hey all,

Came back from being away for work and questionnaire has arrived so need to get it sent tomorrow as is due by the 19th (assume special delivery guaranteed Monday will by 9am will be ok for the copy to Overdales and Court?

Quick question,

I know I am declining mediation etc…

however when it says about suitability for determination without a hearing what do I put when I tick no?

You said don’t reveal my defence of void DN and jurisdiction but what do I then put for reason for hearing,

do I just say as I now have information from the requests I have additional defence or do I just write it on there at this point?

I was thinking something along lines of “Further information for defence has been received from the outstanding CPR31.14 s77 request that was not available when defence was submitted.

This evidence voids the claim” this way I am saying I have more info without saying what, or do I put void dn and jurisdiction in there. Just worried as side bar says provide reason and then says about factual disputes.

Thanks

Will

Link to post
Share on other sites


https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148


3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

 

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... 

Link to post
Share on other sites

All sent off last week, would have been with overdales and court by 19th at 1300 which is good as that was deadline.

Had letter from overdales saying they have got it and seen I have agreed to mediation, please complete Income and Expenditure form which based on what I have read I now ignore.

When it comes to mediation have read threads and seems to be handled in different ways.

Some people have gone to call and declined to work with them politely unless they agree to write it off (how do I do this without revealing defence? Or given mediation is not to be used in the hearing and needs to be treated separately can I reveal the void DN and jurisdiction to them now?).

This would either cause them to back down or push to hearing at which point I have my void DN and out of jurisdiction points in defence so can’t be perused if I am correct.

Any advice on this one appreciated.

Thanks

Will

Link to post
Share on other sites

you dont ever play your cards at mediation.

those points are only for use at WS stage if they dont discontinue before hand...

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... 

Link to post
Share on other sites

if you've not enough information to make an informed decision refuse mediation when they call.

you dont have to do it and it matters not to the claim at all

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... 

Link to post
Share on other sites

I suppose what do I say, they responded to all my requests which I uploaded.

Natural question they are going to ask is what more information do you need?

or do I just say I don’t think you claim is valid so I will only accept it being dropped?

Link to post
Share on other sites

they ask the same N180 questions, you don't have to validate your reasons, mediation is not by a judge.

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... 

Link to post
Share on other sites

  • 2 weeks later...

Hi All,

Just an update, came off mediation now, they asked me why I dispute etc… just said not liable for the debt due to the advice I have been given. They had asked for full amount in instalments.

As a gesture of good will, not admitting liability, and to save it going on (and to seem like I was cooperating) offered a nominal sum knowing they wouldn’t accept for settlement including removal of DN from file. They declined so now waiting for court date or discontinuation.

Thanks

Will

Link to post
Share on other sites

4 minutes ago, Thewilf said:

they asked me why I dispute etc

You should of replied why do you think I owe it ? :-D

  • Haha 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 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

Link to post
Share on other sites

  • 1 month later...

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... 

Link to post
Share on other sites

Hey,

still heard nothing ,

had the mediation and since then they have written saying sorry couldn’t reach an agreement.

Please fill out this Income and Expenditure form for us so we can start monthly payments which I ignored.

Just waiting for the discontinue letter hahaha!

The mediator did say with backlog would receive a court date till December probably so guess they may be waiting till last minute.

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...