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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.

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      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
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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.
      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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CCJ from the DVLA


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I recently found out I had received a CCJ as a result of non payment of motorcycle tax.

 

I moved house in June 2003 and sent a letter to the DVLA to let them know. I don't have a copy of this any more. Anyway my tax came due in around Novemeber of that year but I didn't receive a new tax reminder and since I had stopped using the bike as it had an engine fault I completely forgot that I might need to re-tax it.

 

I found out in Aug 2005 that I had a CCJ as a result of non-payment of car tax having looked at my credit record, but I hadn't received any correspondence from the DVLA. It seems the claim was issued in Mar 05 and the judgement in April 05. Not sure why they didn't start proceeding in 2004 either.

 

Anyway, when I found out about it I immediately settled the £100 debt with them and made sure they update my address details. It seems that they sent all the correspondence to my old address and had not updated my address per my letter over a year prior.

 

I recently found out that CCJ's can be set aside from your credit record if you were unable to receive the claim information, so I followed this up with the county court. They told me that specifically with regard to DVLA CCJ's change of address was not likely to be good enough to get it set aside because of the obligation to inform the DVLA. Of course I did this but have no way of proving it.

 

I have re contacted the DVLA who now seem to think that all the correspondence was sent to my new address!!!! which it clearly wasn't and I have been given a DVLA address to confirm this.

 

Anyway, here's the question(s):

 

1. If it turn out they sent the claim etc to my new address and I didn't receive it, can I get it set aside? I know they didn't since nothing came to me and I assume that some things would be sent registered post anyway.

 

2. If they sent it all to the old address, since I can't prove that I informed them of my new address am I stuffed or is there still a way to get it set aside?

 

3. If I do apply via an n244 to get my claim set aside and they reopen the case, and the judge rules that because I cannot prove that I informed them of the change of address, do I get a CCJ on file for 6 years from the new hearing date (and waste £65)?

 

Any help would be really appreciated. This is a total pain in the backside and I am really unsure as to what to do.

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1) I'd love to think so, but with so many people abusing the system, it is always convenient when the mail doesn't get through but a Judge would want to know why you had not declared a SORN if it was off-road, or re-taxed it if not. The address it was sent to not being particularly relevant to why the vehicle remained untaxed.

 

2) As 1 above - you'd be expected to notice your tax needed paid, and long before it got to the CCJ. If you want to challenge it, it will cost you to get the case reopened - but the end result may be the same. The imposition of SORN meant it wasn't just the taxing of the vehicle, but your need to declare it off-road, AND to renew that status each year also.

 

3) No. The original CCJ would stand, and time out after 6 years. However, the DVLA could still get further CCJs for suceeding years unless you ensure they have the correct details for you.

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Well, never say never - it's your money (to get the case reopened) and the judge may simply make the points I did, and if he didn;t get a response that let him to believe the CCJ was given unfairly (it wouldn't matter you could prove you were in a hospital with a broken leg and didn't have the car on a public road) as the SORN arrangement covers this. If you feel you could explain a good reason why the fee wasn't paid, there may be limited scope to manouver - but it's not a slam-dunk by any means!

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I'm not too concerned about the £65 cost but the problem is I have no way of proving that I did inform them of my change in address, they have no record of it (although I have asked them to confirm this in writing) so from the point of view of the judge I don't have a valid excuse.

 

Any way you can get them removed as a result of the potential impact on your career? I work in an industry where it really doesn't look good to have one on your record.

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Not that I'm aware of - it's a matter of public record and Registry Trust limited get a fee from the CRAs to advise of all CCJ registered within the week they happen. Unless there is an action that can expunge the CCJ, it'll be there on your credit record. As to it affecting your career - unless your employer credit checks you (and will need to asks your permission first) I really doubt it will be a problem. If you paid the fine the CCJ will be shown as 'satisfied' and drop off 72 months after it was placed there.

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