Jump to content


  • Tweets

  • Posts

    • Biden has just made Trump the old and out-of-touch candidate Now the felon republican candidate for moral turpitude, 78, will have to change his tactics   Criminal acts and abuse of position meaningless rambling sinful consorting with porn actress(es)   As Biden departs, Trump set to face questions over his age and acuity | US elections 2024 | The Guardian WWW.THEGUARDIAN.COM With a younger rival to emerge, the focus is likely to turn to ex-president, 78, and his often rambling, confused speeches   Biden has just made Trump the old and out-of-touch candidate INEWS.CO.UK Now the Republican candidate, 78, will have to change his tactics      
    • Hi all my wife has today been accused of shoplifting a few weeks ago at John Lewis. Police called today and said an allegation has been made after viewing cctv. My wife has been invited in for interview to clear things up (there words) I asked how her how they knew how to find her, she admitted she had been caught before in Waitrose in 2018 and banned from them and JL. I can’t begin to tell you how shocked I am but I need to support her and don’t know where to turn. She has confessed to me that she has stolen the odd thing over the past year from JL and is now worried that they will look back and charge here for stealing all the items. The police say the allegation is for two small items of clothing. My wife of 40yrs  I know like the back of my hand has been through hell and has lost all her family over the past few years, she has serious health issues and is on strong medication. I can only put this down to this being a big factor. I really need to know what to do to help her, if she admits,  will it be dealt with on the spot or will courts be involved. Should she seek immediate legal advice or see the solicitor at the police station(that’s what they have offered) Any advice would be greatly appreciated, thanks for reading and I hope it’s easy to understand 
    • Thank you. BTW, who paid Arval's administration fee? Arval - who seem to be total idiots - refer to what was received as a "parking fine" or "penalty charge notice" when it is neither, it is an invoice from a private company.
    • Hi guys, Bought BMW a couple of weeks ago. Advertised as FSH (I have a copy of the advert) Got home, set the Idrive up, alass, no service history, only pre delivery inspection. Car is a 2019 with 77,000 miles. When viewing, I was also told it has just had a full service. Been chasing the garage and been fobbed off last week. We will send it you, blah, blah.   Sent hem a shirty text today saying if they do not sort it, I would go to Trading Standards. They just called saying they will take the car back. Thing is, I really like it and I want to keep it. Would would be the best outcome here, do I ask for money back? Or is the only real option taking the car back? It will pain me as ive paid insurance, tax, had it coded as it was playing up a little, filled oil and AdBlue. Its not much, but its just perfect for me.   Thanks in advance all.
  • 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
      • 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
        • 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

I think that is potentially just giving me time to obtain the transcript because I had mentioned it in the permission to appeal but hadn't actually included it. The appeal judge will need the transcript in order to decide whether or not I can appeal so I'm guessing that's what this is. 

Fully expecting to be required to comprise an appeal bundle together if I am granted permission to appeal though. 

I did request for the enforcement to be stayed in the meantime. 

As you say it's worth a shot as a few extra legal costs are now a drop in the ocean for the amount I currently owe the Claimant, potentially could overturn the decision if I find good representation for any future hearings 

Link to post
Share on other sites

You are missing part of the. point.

You have to make an appeal bundle before getting permission normally, which is why your first step would normally be to make an appeal bundle.

You haven't been asked for that but you might do later.

just get it done and come back here once you hear back from escribers with the transcript

 

  • Thanks 1

underpaid paralegal

Link to post
Share on other sites

Okay that's confusing. Even for small claims? Nobody / nothing else said anything about an appeal bundle for the initial N244 form

Yes I will pay for the transcript and will post a copy up once I receive it in hopefully a few days time

Link to post
Share on other sites

This case is on the small claims track, I don't know if the fast or multi track is different. 

I was just never told to send an appeal bundle with the permission to appeal and there was no mention of it on the N244

Nonetheless I'm sure it will come up later on if permission to appeal is granted 

Link to post
Share on other sites

whenever an N244 is used, you always have to make/attach a statement/bundle.

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

On 25/05/2024 at 12:43, AndyOrch said:

When you have ordered and paid for the transcript and it has been approved by the lower court Judge, the transcribers will send it to you to include in your bundle. You should also send a copy of the transcript to the Civil Appeals Office as soon as you receive it. You must keep a copy for your own use.

 

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

whats that got to do with an n244?

it doesnt say he needs to make an application.

he simply needs to send the transcript to the court.

underpaid paralegal

Link to post
Share on other sites

i was merely pointing out if the OP did put in an N244 it required a bundle.

as for what they need to do now....

it might be an idea to post a link to your thread then the OP can read it and understand where your guidance is coming from and the ongoing process he will have to follow...

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

On 25/05/2024 at 12:09, AndyOrch said:

You dont use the n244 to request permission to appeal its an appellant's notice N164. You must attach your grounds of appeal to the Appellant’s notice before you can start (issue) your appeal at court.

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

Link to post
Share on other sites

Sorry you're right it was an N164 not an N244 I sent to the Court, I got mixed up with all the different documents I've got saved

I did write the grounds of appeal on the form, it seems the Judge has looked at the case file anyway and now wants to see what the judgment was which was given at the hearing

Link to post
Share on other sites

Just wanted to check if anyone knows, I'm in the process of retrieving the transcript.

There was no time frame given in the appeal judges directions,

does this mean none applies or is there an unwritten timeframe that applies as a default for these things? 

Link to post
Share on other sites

  • Thanks 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 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

Link to post
Share on other sites

urm having fully read the transcript of the previous judgement for claimant.

i don't think you've got anywhere to go with this.

unless you want to try and nail the claimant that they forced you into a VS or didn't advise you of the VT alternate.

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 thought you were appealing this judgement?

 

 

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 have started the appeal, but I will halt if the general concensus is that I'm not going to get anywhere with it. 

I can't really accuse them of forcing me to VT or VS, as I didn't willingly hand the car back it was taken from me forcefully and VT options were provided in the default notice but I could t afford it at the time 

Link to post
Share on other sites

On 28/05/2024 at 11:34, AndyOrch said:

Having looked at your topic in detail I wouldn't advise making application for appeal or set a side...your interpretation of sec90 CCA1974 is incorrect.

The Judge has not erred in law and his understanding of sec90. 

Its the final figure left that is forwarded to finance that creates the contract ...deposits trade in etc etc are not regraded as payments made under sec90 and therefore cannot be calculated as one third payment.

Save yourself further costs and disappointment ...forget the appeal.

 

Andy 

IMHO it's a dead duck, i did warn you too 

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 hours ago, Unknown2024 said:

I have started the appeal, but I will halt if the general concensus is that I'm not going to get anywhere with it. 

I can't really accuse them of forcing me to VT or VS, as I didn't willingly hand the car back it was taken from me forcefully and VT options were provided in the default notice but I could t afford it at the time 

no carry it on

youve wlready paid the fee

worth a shot

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...