Jump to content


  • Tweets

  • Posts

    • That's great news and thank you for letting us know. I'll amend your thread title. HB
    • Ironically, 2 weeks after no updates the parcel has been located and delivered today!! So maybe the Evri system is not as bad as it used to be (for me, at least...). Annoying that I spent 3 hours yesterday brushing up on my consumer legislation, but at least I'm well equipped to handle any more issues going forwards! Apologies to have used up the forum's bandwidth and feel free to mark as "resolved".
    • Hi all. Just posting this for other users to take note of. We ordered some furniture from NCF Living in Hull and subsequently cancelled (before delivery) because of poor customer service. They now want to charge us a cancellation fee. (Fat chance). As a little background, they offer immediate delivery (7 to 10 days) on a lot of their products, because it's already manufactured and sitting in a warehouse somewhere. We ordered such an item. 18.5.24 Order placed and £190 deposit paid on a debit card. (0% finance on balance) about £2,000. Arranged them to hold for later delivery, 'cos we were about to move house. 01.06.24 Went into store after house move to fill in their "change of address" form for delivery. Problem: Finance company needed proof of adress. 02.06.24 Went back to store with Solicitor's letter from conveyance process. 06.06.24 Heard nothing further, so went back to store. The evidence had already been approved, but they hadn't told us.A printout of the file was made with notes at the top for store manager get in touch and arrange delivery. 24 .06.24 After an intervening holiday away, we'd still heard nothing, so went into the store to cancel. We were told that "admin" would be in touch within 14 days about the cancellation... Huh?! Asked for contact details of "admin" so I could call them direct (you should ALWAYS keep control of comms), but were told they had none. Went home and did a very painless chargeback for the £190 deposit. (Thanks Co-operative Bank). 25.06.24 Sooo, the day after cancelling, I get the first contact from them ever, trying to arrange delivery! Short summary of the conversation. Me: I cancelled the order yesterday. NCF: I know. Me: So, you've got a cancellation in front of you, but you're trying to make a delivery..? NCF: Well, if you want to cancel, there's a cancellation charge. Me: What costs have you incurred? NCF: We had to order the furniture. Me: It's "immediate delivery", so it's just sat in your own warehouse. NCF: We had to hold the order until you requested delivery. Me: So, it's stll sitting in your warehouse... What have you lost? NCF: You can't just cancel an order without paying the cancellation fee. Me: I just did... Yesterday. Goodbye. I've now emailed their customer services, confirming the cancellation... We'll wait and see... As a side note, there was a retired gentleman outside the store yesterday, buttonholing customers on their way in, warning them not to buy anything there. Apparently, he'd been parked there every day for 3 weeks. He paid £2,500 for a bed which had numerous faults. He was having problems getting a refund, so set up camp outside, to try and get some action. They have had the police visit him 5 times so far. He just explains that this is a civil dispute and they leave. He also showed me a laughable "banning order" that onsite Security have issued him. He said they were quite friendly and sympathetic when he told them the story and said it would probably take several months to go through any possible Court process to evict him. Anyway, I've referred him here. Don't know whether he'll turn up. I'll post further if NCF start playing games.
  • Our picks

    • 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

Backdoor CCJ for Shortfall of Car Finance from VWFS (Audi Financial Services) - Set Aside but lost later hearing - 2018 diesel scrappage scheme help needed - want to appeal


Recommended Posts

Posted (edited)

Perfect, I will get this submitted this weekend then. Assuming I send to the same Court? Or to the Court of Appeal? Thank you

Edited by Unknown2024
Link to post
Share on other sites

 

enquiries.Salisbury.countycourt@justice.gov.uk

send it here.

post up a redacted copy of your N164 please so we can make sure its filled correctly.

underpaid paralegal

Link to post
Share on other sites

I will do, that Court is useless they are terrible at checking their emails and have been throughout the whole process but I will submit it within the deadline so at least I'm covered. 

Have you any thoughts on my chances of winning an appeal, based on what you've read of the situation?

It all really comes down to the way the definition of a deposit is interpreted but my basis of appeal is on the grounds that the judge has misinterpreted the CCA1974

Link to post
Share on other sites

I'll be honest I'm not the right person to ask about that sorry.

I also don't want to advise on something I don't know and get it wrong.

  • Thanks 1

underpaid paralegal

Link to post
Share on other sites

Sorry for the delay. Please see attached redacted N164 form ready to send to the Court. 

Please let me know if there are any errors. In particular please double check the grounds for appealing and am I correct in asking for a new hearing or should I be asking to set aside? 

n164-eng (1)_copy.pdf

Link to post
Share on other sites

On 18/05/2024 at 13:36, theoldrouge said:

Please post up the court bundle and the Audi Sar
You may have a case to appeal 
but if you appeal as a LIP you will surely fail 
Obtain a copy of R M Goode guide to the CCA1974

you need to do the above one mass file for the SAR

one mass files for their bundle

 

  • Thanks 1

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

section 4 tick yes - so they can't enforce whilst your appeal is being dealt with

also you should put 25 month year not in numbers 

ok after that it should be good.

You need to click it off and send it to the court today else you’ll be out of time

  • Thanks 1

underpaid paralegal

Link to post
Share on other sites

I cant advise on the grounds, but as a rule of thumb id say include things about the law.

ordering a new hearing means the claim will go before a judge again

set aside would mean the order isnt enforced but then presumably it gets further directions or something I’m not 100% I’m going to loop in  @AndyOrch in case he knows.

However I would go with a new hearing if I was in your position since you lost completely.

Did you turn up to the final hearing?

underpaid paralegal

Link to post
Share on other sites

Just checking, it says I have to fill in section 7a if I tick yes to section 4. What am I supposed to write? 

I did turn up to the final hearing and fought it as best as I could but I was ruled against.

I've been told I may still have a case by an online lawyer I'm speaking to so he's pushing me to appeal

Link to post
Share on other sites

Ok firstly, if you are using an online lawyer then you should stick with them and not use two different places.

I can advise you but with the amount of people on this forum that need help, those who use two methods often get conflicting information which makes helping harder.

I see your case was ruled over by a deputy, which gives me more confidence in appeal as I've seen deputies make some very shocking decisions in my time on this forum.

Its up to you but you'll need to decide if you want to stick with this forum or an online lawyer.

 

  • Thanks 1

underpaid paralegal

Link to post
Share on other sites

Hi,

 

 

For 7A I would just put something simple like

"It is the Defendant's position that the judge erred in law when reaching their decision, and the Defendant should not suffer any repercussions from a judgement that has been made based on an incorrect interpretation of the law.

In the same or in the alternate,

the court is asked to grant a stay of execution on the basis that the Defendant should not suffer the additional costs involved in enforcing a judgement nor the financial burden of having to satisfy a judgement that has

(a) been reached on the basis of an interpretation of the law that the Defendant submits is wrong and

(b) that may later be overturned.

In the same or in the alternate,

the court is asked to grant the same upon the court being satisfied that the appeal has a realistic prospect of success and therefore any proceeds obtained from the enforcement or otherwise satisfaction of the judgement would likely need to be returned.

The Defendant submits that they should not be deprived of their ability to appeal a case due to the financial burden of having to satisfy a judgement that has been reached following an error in the judge's interpretation of the law and contracts.

In the same or in the alternate,

the court is asked to grant the same in the interim to allow the appeal to be handled more effectively."

 

underpaid paralegal

Link to post
Share on other sites

That's brilliant thank you so much. I will add this in now and get it sent in today

Great news to hear that the Deputy Judge can often male these kind of mistakes, and the advice I have been receiving is all on legal seagulls and in public, similar to here so nothing to hide and no conflict of interest. The basis of my appeal comes down to the Judge basically acknowledging that my car was a part exchange but then he went on to disregard the CCA1974

Once I have the judgment transcript I will post up so that you can form an opinion on whether or not I have a chance to appeal, it is always good to get another opinion plus the retired lawyer who is advising me has not been active online for a few weeks and I'm at a point where I need direction with moving forward especially when it comes to compiling an appeal bundle etc

Link to post
Share on other sites

yes yes get the appeal form in today.

send it by email

subject: Case Number - Claimant v Defendant - Defendant's Appeal Notice

  • Thanks 1

underpaid paralegal

Link to post
Share on other sites

Posted (edited)

I mean there's not much evidence you can provide so not much you can put there.

Edited by jk2054

underpaid paralegal

Link to post
Share on other sites

your welcome.

 

when you send your email make sure that you include a method of payment.

 

alternatively drop a paper copy of the application (along wiht a copy for service on parties) to the court with a payment.

 

not deemed as served without being paid.

underpaid paralegal

Link to post
Share on other sites

Okay that's going to be a problem I will need to phone and pay in that case but they never answer the phone, I didn't realise there was a fee to send an appellant's notice do you know how much it is? 

I can't find a thing about the fee online, only £142 under EX50 - County Court small claims track appeal fee is that correct? 

The N164 doesn't state anything about attaching the correct fee though I thought it was free to request permission to appeal? 

Link to post
Share on other sites

Appeals (fees order 2.2 to 2.3)

£142

 

No permission to appeal is most definitely not free. 

otherwise everyone who lost would just appeal.

 

appeals take circuit judges time and therefore cannot possibly be free.

  • Thanks 1

underpaid paralegal

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...