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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
      • 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
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Winderbray/JCF PM/PCB Lawers Claimform - Service charge arrears - Refused Payment Plan - Now N244 for SJ+Strike Out.


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Just because they intend to make an application doesn't mean they'll get it.
 

We could do with some help from you.

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Ok understood.

I will post up if anything comes in the post next week. 

In the meantime is there anything that we need to do / prepare ?

Our next deadline is 16th May.

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you should hear from the court with an allocation to track and what the next steps are.

We could do with some help from you.

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Even the solicitors admit they haven't complied with the pre-action protocol.

I don't think the defence for non-compliance being "The defendant knows what the case is about" will wash.
 

The likelihood of them getting a summary judgement without complying to pre-action protocols (and admitting as such) is very low.

Looks like they're happy for mediation also.

 

We could do with some help from you.

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I will provide an update once I receive any further letters regarding application for SJ, and will post up any redacted version.

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Today we received a copy of the claimants N244 application for Summary Judgement. I have uploaded a redacted copy.

Outstanding amount is wrong as mentioned before and no mention about the incorrectly caculated and duplicated interest under section 69 within the PoC mentioned in our defence.

Looks like they want our defence struck out.

The claimants solicitor asks us to acknowledge safe receipt.

The envelope was already open when it arrived (I guess was not stuck down properly).

N244 application for summary judgement.pdf

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we also need aLL the exhibits too. please.

you dont respond to them no.

thread title updated.

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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  • dx100uk changed the title to Winderbray/JCF PM/PCB Lawers Claimform - Service charge arrears - Refused Payment Plan - Now N244 for SJ+Strike Out.

Of course they want your defence struck out, you're causing them a problem and making them do actual work! These solicitors (across the industry) don't actually expect you to defend and their entire timescales sold to their clients don't even mention if someone defends a claim. It's why they think they don't have to abide by the Pre Action Protocols etc 

I agree with dx that you don't respond.

Your arguments in mediation and witness statements will be that you offered a reasonable and costed payment plan to clear the arrears and it was refused. You're also not sure that the correct procedure (re: Section 20 notices) were correctly followed and that the claimants solicitors refused to provide any details of this.

We could do with some help from you.

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There'll still be a court hearing for a summary judgment, it'll just be a lot simpler.

You'll also both have to put your positions to the court which may be an advantage if summary judgment is denied.

However they're yet to send an N244 form and actually make the application (which will need to include the named exhibits) so nothing more than bluster to throw you off at this stage.

Is that all that was in the bundle, was there no court application forms etc?

We could do with some help from you.

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That changes things.

You'll likely have to write to the court objecting to the application.

You'll have to start drafting a Witness Statement. We'll need to make sure it shows that the issues are complex enough that it's obvious that it can't be decided in a summary judgment hearing.

The courts will be able to confirm this, obviously don't respond to the solicitor.

@AndyOrch will likely be able to advise on nitty gritty details for the courts.

We could do with some help from you.

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Ok understood.

I will probably need help with this please.

I am just about to go to work so might not be abld to go online again until later or tomorrow.

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your witness statement will be your detailed defence.

Similar points to what you said in your defence but you'll need to reference evidence (exhibits) and go in to A LOT more detail.

Start drafting one up and we can help you tweak it etc.

You've got plenty time yet :)

We could do with some help from you.

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When you get chance a copy of the draft order attached to n244.

Have they not attached a WS in support of their Application ?

Andy

We could do with some help from you.

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I will read up on Witness Statements this week and look at some examples to understand the structure.

I will attempt to draft one over the weekend but would appreciate any help or guidance.

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Hoping to start working on this today.I think I still have plenty of time ?

Nothing further has been received in the post yet.

Unfortunately my mother had a fall on Friday so had to be with her over the weekend but coming home later.

Have been looking at Witness Statement examples but can't find any examples similar to our situation.

I will post something up as soon as I can but might be a bit delayed.

Appreciate any help and guidance.

 

 

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Use the initial defence as a basis.

Go into much more detail about them and include examples and provide evidence re:

failing to issue PAPLOC/abide by PAP (By their admission on directions questionnaire)

abuse of court process by double charging interest

how the arrears were built up (Multiple Major Works in a short period, not sure if S20 was followed etc)

refusal of a payment plan

without admission of liability, payments were still being made

they've been unwilling to prove their allegation that the money was owed and instead wish to strike out your defence.

Essentially you want to argue why the court claim should never have been raised in the first place, or at least that the issues are so complex that it can't be decided via summary judgment.

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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Hi Lolerz

Many thanks for your guidance. That gives me a base to work on.

In terms of time we still have plenty ?

I want to spend a bit of time on this ove the coming days.

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