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    • Hi, Purchased a car from Arnold Clark, Nottingham branch, on 5th April this year. Car was located in a different branch of Arnold Clark (Glasgow I believe) so was purchased on the standard proviso that it would be checked over by them etc.  Collected the car on 12th April, when I inspected it prior to handover it was noted that there was a ding/paint chip on the driver's door, a mark on the roof and damage to the screen of the infotainment (radio) where there was a chunk taken out of the touch screen. At the time I was told by the staff member who did the handover all these would be fixed as I had pointed them out to him, I even sent follow up photos of the damage a few days after. I drove the car away, signed the paper work etc. After some delays on their part the paint work was eventually booked in and fixed last Friday. The roof is still apparently being looked into (it's a standard wrap that appears to be a common issue with the car). The major issue here is the damage and chunk out of the touch screen infotainment system. This forms a major part of the car as you can change settings etc. in there. Arnold Clark are now advising me, after having a few people, including a manager there look at it, that they won't fix this, despite advising that they would during the handover. I have raised this with their internal complaints team but am receiving the same response. The general manager of the branch, who already had a very aggressive/blase attitude, which has been downright rude at points to this whole thing, treating it like's a trivial little mark. All this has left me with a very sour taste in my mouth and I'm now at a loss as to how to proceed and get this work repaired by them. Do I go to the Motor Ombudsman/finance company or?
    • You'll need to acknowledge service pretty sharpish then. I'm sure dx will pop up once you've filled in the template with the next steps.
    • It's possible, either way the OP's level of worry is far far higher, than any consequences.
    • Hi lolerz thanks for your reply. I'll fill this in when I get home. Just to let you know the 25/05/24 is incorrect I received the county court letter on fri 17/05/24
    • Can you complete this ASAP also:    
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      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.

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Welshboy Mostyn vs HSBC


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Thanks for response Pete..will follow your advice.Yes, both letters from Cardiff Court, AQ sent to me on 18th June, then Directions hearing date letter sent on 26th June ...

Obviously don't want to miss AQ deadline and risk claim being struck out.

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Filed AQ today including draft directions request. Court said I needed to file the AQ (and pay the £100) even though they had also sent General Form of Judgement Order notifying me of a Directions hearing in Cardiff on 14th August.

Does anyone know what I have to produce at this hearing?

 

Seems to me it is just like a "live" version of the AQ, so I am thinking of submitting the same Draft Directions request...or do I have to produce more??

Any help greatly appreciated

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Hiya Mostin most of the notifications for these directions hearings dont tell you to take anything along, I think the judges are actualy using them to put a bit of pressure on DG to make offers by whatever date they set for the hearing.

Might be worth a phone call to the court to see if they want you to take anything.

 

pete

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Hiya Pete. Thanks as ever for sound advice.... the adrenalin rush at the thought of getting closer to getting back at them seems to stop me seeing the wood for the trees....or something like that :)

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Only know of one person who actualy got to a court room (do a search for nooey if you want to read it) the judge asked him 3 questions.

 

1. did you have trouble parking (true)

2. have you heard anything from DG

3. has this cost you anything.

 

he then gave judgement in favour of nooey.

 

so dont worry

 

pete

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I also have a Directions hearing in Cardiff 14th August but have not received an AQ.

I moved house a month ago and re-directed my mail. I have also informed the court and D&G of my new address.

I taxed my car on-line the day I moved and when the disc hadn't arrived phoned up and was told post office won't re-direct documents from DVLA. Anyone know if this applies to court docs?

If the court has sent AQ but I haven't received it and deadline passed do I have to start again??

I can't wait till court opens Monday morning!

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Thanks Stadium - your support is much appreciated. I'm just starting to get stuff together for the court bundle now, I know it is not needed for the hearing on 14th, but just want to be prepared. Will pop in to the Debt forum later in week. Thanks for the advice :)

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A pleasure:)

Before I go to stop my head spinning I thought you might want to have a read of this thread...

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/47462-new-test-case-hearing-3.html

It's what I mentioned yesterday, regarding the Judge you all have for the 14th. Hope it helps in some way. he was a very nice guy:)

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  • 3 weeks later...

I'll be there guys :D got my court bundle nearly done hehe! TO THE COURTS PEOPLE! TO THE COURTS!

Preliminary Letter Sent: 14/09/2006

Letter Before action sent: 05/10/2006

Recieved Response: 05/11/2006

MCOL filled and saved (saving money to proceed) 02/12/2006

Recieved 1st Settlement offer

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Hi Steven Is your case a Hearings case ? And it is still going ahead.?

I had a letter from DG solicitors on Sat saying they had applied for a stay on mine. no news from courts yet but as soon as I get something I will be opposing it ..and will be there on 14th

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Hi Mostyn, have you rang the court to ask if a stay has been placed on your case? Just thinking that you may not get the letter from them in time to send out an opposing reply? Or if you are in Cardiff anyway it might be worth going in personally...

Good luck with it. See you on the 14th regardless:grin:

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Rang the court today and they told me that a stay has been applied to all cases due to be heard 10.30 14th August at Cardiff. They are in the middle of typing the orders and said they have over 1000 to do. He checked and said that they haven't typed mine yet but i will get it before 14th.

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Deee I phoned court yesterday and they told me

(a) they are in middle of typing out letters informing claimants of stays, but that I don't have to wait for receipt before I put in application for removal

(b) I dont have to send in form N244, a letter is sufficient (I will do both)

© The court is waiving the fees for considering application for removal whether with a hearing or without ( I am requesting a hearing - keep the pressure on!)

So my advice is - don't wait - get application off asap ...and ask for it to be heard at a hearing

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Today I have received a letter from D & G - funny that they have completely ignored all phone mesages, letters and e-mails I've sent up to now!

They say they will be applying to the court for an order to stay my action until resolution of the bank's proceedings with the OFT.

They say they will keep me updated appropriately about the proceedings with the OFT! (Don't bother I'd rather read about it on this site!)

They also say 'Once legal procedings between the OFT and the banks finish our client will resolve your complaint as quickly as possible.'

Also 'As a general matter we will ensure that your claim will not be adversely affected by the stay of your court proceedings.'

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Nice idea Pete I will include that in my letter to DG, in which I am including a copy of my N244, and also a little help for them in claculating the extra costs and interest they will be paying me if settlement is delayed one, two or more years.

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