Jump to content


  • Tweets

  • Posts

  • 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

What do i do next ?? Woolwich haven't filed defence**WON**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6188 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 58
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi midnight came and went!! they havent put in a defence so i clicked on the "The defendant has not filed an admission or defence to my claim"and i couldnt select that option Why? :confused:

Link to post
Share on other sites

Hi midnight came and went!! they havent put in a defence so i clicked on the "The defendant has not filed an admission or defence to my claim"and i couldnt select that option Why? :confused:

 

 

Did it allow you to ask for judgement?

Link to post
Share on other sites

no when i clicked on the The defendant has not filed an admission or defence to my claim button it said the defendent had i4 days to reply but it has said that from day one and on my paperwork from the court that date was yesterday?

Link to post
Share on other sites

Hi woolwich had untill last night to reply to my claim which they didnt so i clicked on the "The defendant has not filed an admission or defence to my claim" and i couldnt select that option Why? :confused:

Link to post
Share on other sites

See post #5 before you do anything else

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

Link to post
Share on other sites

Check your dates. Its a total of 33 days from when the claim is issued (including the 5 days to serve the claim). If the final day falls on a weekend they get the next working day as well.

The Defendant is allowed 14 days from the date they were served with the claim to defend or admit your claim before you can request a Judgment by Default.

If the Defendant files an Acknowledgement of Service within 14 days of receiving the claim form, they will be entitled to 28 days from the date they were served with the claim form to file a defence or admission of your claim. If the Defendent does not file a defence or admission within the 28 days you can request a Judgment by Default.

Link to post
Share on other sites

My 14 days for the woolwich to acknowledge my claim was on the 31st of march. How do you know if they have acknowledged your claim i have not received anything in the post I can not request judgement on mcol. Have tried to phone mcol this morning and there appears to be a problem with there phone line.(says office is now closed will reopen at 9am monday!!) ????:confused:

Link to post
Share on other sites

  • 3 weeks later...

welcome to the forum.

 

Please take time to read the faq's

Please find your banks forum and start a thread;

(your user name) V (banks name)

use the template letters in order Stick to the timetable in there.

 

For instant live help please go to the chat room

 

Any advice given is purely based on personal experience and if in doubt you should seek further advice from a professional.

 

If you liked what I have written then please let me know by clicking on the scales!

 

FAQS wink.gif

http://www.consumeractiongroup.c o.uk/forum/faq.php

 

Scotland Issues

http://www.consumeractiongroup.c o.uk/forum/scotland/

 

Step by step instructions biggrin.gif better safe than sorry!

http://www.consumeractiongroup.c o....tructions.html

 

Templates cool.gif If it aint broke dont fix it!

http://www.consumeractiongroup.c o....lates-library/

 

Online claim or direct at court?

Getting MCOL Right

 

Finally good Luck.

jamesrap.

 

If my advice helps please tip the scales, left.

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

Link to post
Share on other sites

I have the same request.

 

Read the court bundle.

 

 

re-read the links i posted above and you will be fine if you've followed the steps on the site.

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

Link to post
Share on other sites

Please help

Was sure i had done everything write put in claim with mcol (this is where i went wrong i think) Then when i received there defence last week got a bit worried by the wording

There Defence:

""1. The particulars of claim do not provide details of the account in question or the precise charges alleged to have been unlawful, or the date thereof. Furthermore they give no recognisable cause of action, nor is there sufficient material to enable barclays to serve more than a bare denial of liability as a defence. The statement of case would appear to be an abuse of process and or will obstruct the jst disposal of the proceedings and it does not appear to comply with cpr r16.2."

 

There are 6 other point they have added but i think they are the norm. Then today from my local court i got.

 

" General Form Of Judgment or Order" Which says" It is ordered that

1. The claim be stayed as it makes no serious attempt to comply with CPR16.4(1) by setting out a concise statement of the facts.(Stylised particulars do not constitute compliance. The claimant must amend or substitute its particulars of the claim settind out the claimants case in plain english by 8thMay 2007 and in default the claim be struck out without further notice.

if the above order is complied with the defendant has permission to file and serve an amended defence in accordance with CPR16.5 setting out it claim in plain English.

2. claimant shall pay allocation fee of £100.00 by 4pm on 1st May2007.

 

What have i done

what do i do now?????

Pleeease help

 

 

Link to post
Share on other sites

Please help

Was sure i had done everything write put in claim with mcol (this is where i went wrong i think) Then when i received there defence last week got a bit worried by the wording

There Defence:

""1. The particulars of claim do not provide details of the account in question or the precise charges alleged to have been unlawful, or the date thereof. Furthermore they give no recognisable cause of action, nor is there sufficient material to enable barclays to serve more than a bare denial of liability as a defence. The statement of case would appear to be an abuse of process and or will obstruct the jst disposal of the proceedings and it does not appear to comply with cpr r16.2."

 

There are 6 other point they have added but i think they are the norm. Then today from my local court i got.

 

" General Form Of Judgment or Order" Which says" It is ordered that

1. The claim be stayed as it makes no serious attempt to comply with CPR16.4(1) by setting out a concise statement of the facts.(Stylised particulars do not constitute compliance. The claimant must amend or substitute its particulars of the claim settind out the claimants case in plain english by 8thMay 2007 and in default the claim be struck out without further notice.

if the above order is complied with the defendant has permission to file and serve an amended defence in accordance with CPR16.5 setting out it claim in plain English.

2. claimant shall pay allocation fee of £100.00 by 4pm on 1st May2007.

 

What have i done

what do i do now?????

Pleeease help

 

Link to post
Share on other sites

Have just spoken to court and have been told that i need to amend my claim and put in more detail. (they already have all this info on my previous letter so for them to say they dont know what im claiming is rubish they charged me!!) any way does anyone know how i do this and i need to put in a state ment of truth. What is this.

 

Many help greatly received

 

Im probally the only one that has rushed the court process and made this mistake!

Link to post
Share on other sites

Hi

please follow this link http://www.consumeractiongroup.co.uk/forum/barclays-bank/80304-request-judge-plain-english.html?highlight=plain+english

Hope it helps you

Claire

 

P.S dont forget to pay your AQ fee

:pI'VE CLAIMED MY BARCLAYS CHARGES BACK.:p

£5125.60

Im no expert everything i write is what i learnt from my own experience and reading through other threads. Click my scales if you wish to!:)

Link to post
Share on other sites

Im so confused dont know what to do next do i just need to redo my POC and when should i receive my AQ My sister claimed against natwest wrote two letters and got back just under £3XXX.XX Why cant mine be that straight forward??????:( I also need to include a statement of truth??

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...