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    • Please will you monitor the thread for a reply on Sunday. Also when you make posts please can you spice them with lots of paragraph spaces etc because it becomes very difficult to read on a small screen such as a telephone and it tends to put people off.
    • My son purchased a car from BIG MW in April. 6 weeks later we sent a letter confirming we were rejecting the car due to it having modifications we were not made aware of - it’s been remapped and also changes to the exhaust removing one part and replacing with a straight pipe. This was confirmed to us by a garage we paid to assess the car. Things have gone fairly smoothly BIG MW sent their own assessor to the car 9 days ago which states the exhaust is immediately obvious when inspecting under car (something their 200 point check claims to do) and has also raised issues over the front tyres. Now BIG MW seem to have stalled, fobbing us off as to why they can’t confirm rejection at the moment and after good progress, the last 9 days since the assessment it’s not progressed at all. The latest is needing the finance company to confirm the outstanding balance - we paid it off within the cooling down period and have sent evidence of this, plus surely a HPI check they have easy access to would confirm this. So now another week passes with a car that can’t be driven and is costing a fortune to insure to sit on the drive. BIG had the car MOT’d in January and it passed with no advisories but the tyres are very poor and should have been picked up and emissions from the exhaust are high and causing a warning light so I have concerns as to whether the MOT is even genuine. I’ve threatened legal action if rejection wasn’t confirmed today, they are aware I work alongside lawyers who deal with disputes.  Any advice as to how I make them stop fobbing me off with delays and get them to confirm rejection? Also the car has done 2,500 miles since we’ve had it - what sort of deduction is reasonable - I’m loathe to accept any as they misrepresented the car and have dragged this out longer than needed. Thanks
    • Please will you check back on Sunday at some point for a full response
    • Many thanks for the advice. Form en route Monday a little late after sorting witnessing by a solicitor. 
    • Good spot, LFI. So you're meant to find a space, park up and then find a ticket machine within five minutes of entering the car park? Very fair... HB
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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.  

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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.

      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.
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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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Striking out on SCT


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Good Evening,

I've got a fairly simple question but I'll provide some context incase needed.

I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there.

They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it.

I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial.

However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it.

However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it.

I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.

 

Thanks

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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15 hours ago, jk2054 said:

I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.

Requires a hearing unless you inform the court within your application you will not be in attendance pursuant to CPR 27.9 (you will still have to pay for a hearing as its an application on notice.

Far better way and cheaper is to push the court to strike out for none compliance of directions as per their Notice of Allocation N157 rather than going for strike out /summary judgment.

We could do with some help from you.

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Ive asked court to strike out for non compliance but they came back and said needs £275 application fee and formal n244

 

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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Then leave it just proceed with the claim( strike out/SJ application are risky).....the defendant will not be permitted to rely on written evidence (documented) only verbally as they failed to comply with the N157 (unless they have filed with the court and failed to serve you a copy) ?

 

We could do with some help from you.

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we dont get N157 because its new OCMC but no court dont have evidence either.

 

Just seems a bit of a pointless wait but oh well

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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Still have to submit a statement either system....if they fail they can only give verbal because they failed to file and serve.

We could do with some help from you.

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Yea but the annoying this is that they're not based in england so they won't even come.

Just a 2mo delay for no apparent reason.

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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So if they are not in attendance and can't rely on written evidence then you get an easy judgment without paying out £275.....simples

We could do with some help from you.

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Yes but ill have to wait 2 months

Even if i lost strikeout I would get the 275 back so long as my N244 was CIC

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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CiC :???: you wont get your fee back not in this type of application...your in a rush not the court or defendant

 

 

.

We could do with some help from you.

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costs in case

if you lose SJ but win overall you get fee back because its N244

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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  • 1 month later...

Just to update this.

I did apply to strikeout and they did not attend the hearing.

I won by defualt and the hearing lasted 5 minutes (court only allocated 15).

The judge simply explained that the only matter he was really considering is if the Defendant could have any oral evidence to defend the claim.

However he said he had decided that based on their defence, and their misunderstanding of law, and their non attendence he did not think they had any reasonsable chance so he awarded me SJ + Costs on the claim form + the strikeout fee.

Luckily when I sent the defendant the order I woke up the next day to a wire trasnfer for the full sum of the judgement

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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