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    • T911, Nick, thanks, I got there in the end! Without boring you with the details, it is precisely the most ridiculous cases that end up being lost - because the Cagger knows the other party's case is rubbish so doesn't do the necessary work on their own case. G24 are well aware of double dipping.  They have either done it deliberately or else have cameras which can't handle multiple visits to the car park which G24 happily leave malfunctioning so the £££££ keep rolling in. Sadly most people aren't like you.  I've just read various reviews for the Retail Park on TripAdvisor and Parkopedia.  Virtually all of them are complaining about these unfair charges for daring to spend time & money shopping in a shopping centre.  Yet no-one is refusing to pay.  They moan but think they have been fined and cough up. G24 are unlikely to do court, but it's not impossible with two tickets. Try to get evidence that you were elsewhere at these times. Often retail parks will intervene, but I've Googled & Googled and cannot find an e-mail address for the place.  Could the manager of one of your favourite shops give you a contact e-mail address for the company that run the retail park? Right at the moment I'm supposed to be teaching someone who runs two shops at the local shopping centre, but I'm not as he has had to go to a meeting with the company that runs the shopping centre, so I know for a fact that these business relationships exist!!!
    • Afternoon DX, The files were in date order. How would I put them into an acceptable format? I'm not that pc literate.  
    • I think you need to tell us what actually happened. Your original post gives the impression that you were taken to court for a speeding offence. But you go on to say that you received no paperwork. So you could not have been summonsed for a speeding offence because the police had no evidence that you (or anybody else) was driving (and it seems you were not anyway). You were probably summonsed (or more likely received a Single Justice Procedure Notice) for "failing to provide the driver's details." You would not normally be banned for this offence if you were convicted - it carries six points. So did you have any earlier points which meant you were liable to a "totting up" ban?  If you were originally convicted (as it seems you might have been) how was that conviction set aside? Did you perform a Statutory Declaration? There is simply too much missing for any meaningful help to be given. It seems as if there may have been an error by the DVLA but before you consider suing those idiots until the cows come home, you need to explain exactly what has happened.  
    • Point 4 and 10 duplicate Point 5 and 8 duplicate  Try to keep to one para with regards the agreement...various paras duplicating the same. Statement of truth is out of date refer to the claimants statement    
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    • If you are buying a used car – you need to read this survival guide.
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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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • 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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Tomba90 v RBS --- ***WON!!!!****


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No Not yet mate, they have untill the 8th of Aug to put the defence in.......

 

I'm counting the days.

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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No Not yet mate, they have untill the 8th of Aug to put the defence in.......

 

I'm counting the days.

 

 

Well, recieved the defence today from Cobbetts, usual crap about cpr18. Will draft a letter tonight and post in this thread.

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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Ok my response to cobbetts on CPR.18

 

 

"I am writing in response to your letter dated 1st August 2006.

 

I note from your recent correspondence that you have requested further information from me under Part 18 of the CPR.

 

I must advise you that CPR P.18 has no relevance to Small Claims procedures and, as such, I consider that the inquiry to be intimidating and I intend to bring this matter to the notice of the court, should my case proceed that far.

 

As a gesture of goodwill and in the interests of concluding my claim, I have enclosed a breakdown of the charges imposed, their value and the interest being claimed on each charge."

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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  • 2 weeks later...

Had a chat to the local court today, just to see whats happening, Cobbetts have until the 21st of Aug to fill in there allocation questionnare. If they don't it will go through for Judgement, if they do, it's gonna be a long drawn out process.....

 

But the man at court was a helpfull chap !!!!

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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Tomba90,

 

Have you had an offer from Cobbetts yet? I have just sent off my reply to their defence so I shall wait and see what happens.

 

Bon Chance!

 

BC:cool:

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Well, I have had a letter but no offer, details below:

 

"we note your comments on our request for further info. Please note that part 27.2(1)(f) applies subject to paragraph 3 of part27.2, which states that the court of its own initiative may order a party to provide further info. if it considers it appropriate to do so.

It is our client's contention that your particulars of claim did not properly particularise your claim. for example, our client cannot properly defend a claim where you have given your account details and the details of each charge you claim is diproportionate and unreasonable.

 

The court is bound by an overriding objective to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that our client could not respond to your claim where you did not provide sufficient particulars. Our client therefore objects to your allegations that the request in intimidating"

 

I'm going to ignore it as it sounds like a load of bollocks !!!!!!

 

anyone had a similar response ?

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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So, if you've already sent in a/several copy/ies of a Schedule of Charges that you are contesting, with your Bank Account No, Sort Code etc they consider that you have still not "particularised your claim" correctly....sounds like bollards!!

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Yep, you got it. Cobbetts have until Monday to put there allocation questionnare, lets hope they don't, cos I really could do with a summer holiday !!!!!

 

Does anyone know, once you have recieved the charges back, whether the bank charge you again ????

 

Heres hoping,

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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Don't know about after you win, but they are still charging me since I started MCOL, up to £190 already!!

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Does anyone know, once you have recieved the charges back, whether the bank charge you again ????

 

I think it's more likely they'll close your account. Parachute account on standbye!!! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Don't know about after you win, but they are still charging me since I started MCOL, up to £190 already!!

 

Thats why I was asking because they are still charging me :evil:

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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Hi,

 

I have recieved a copy of Cobbetts AQ today sent out on the 22nd August, the deadline for submission was 21st. Will it make a difference ???

 

On AQ they are trying to use the fastrack system due to the amount (see below) is this valid ??

 

:?

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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Tomba90,

 

think the fast track can apply up to £5000, which is the value of the calim before interest and fees etc....

 

BC:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Tomba90,

 

think the fast track can apply up to £5000, which is the value of the calim before interest and fees etc....

 

BC:p

 

Its £4640 before interest, so surely fast track deos not apply ??

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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Tomba90,

 

Oops, sorry I meant Small Claims Track applies up to £5000,from HMCS Website:

 

Cases in the county courts are assigned to one of three tracks: the Multi Track, the Fast Track or the Small Claims Track.

The small claims track provides a simple and informal way of resolving disputes. You should be able to do this without a solicitor. This guidance tells you about the sort of cases that are likely to be allocated to it and about how cases in the small claims track will be handled. Before issuing a claim you may find it helpful to read the guidance Making a claim? Some questions to ask yourself. It provides answers to those questions that should help you to decide if going to court is going to be worthwhile for you. It also draws attention to a number of alteranative ways in which disputes may be resolved without going to court. You may also find it helpful to read the leaflet The defendant disputes all or part of my claim which explains how the allocation process begins.

Remember that this guidance can only give you a general idea of what is likely to happen, and cannot explain everything about court rules, costs and procedures which may affect different types of claim in different ways.

If a claim is disputed ('defended') and the small claims track appears to be the most just and cost-effective track for your claim, the questionnaire will be in Form N149 (Allocation questionnaire (Small claims track)). Otherwise you will be sent a copy of the defendant's defence and a Form N150 (allocation questionnaire). Whichever questionnaire is sent to you, the information you provide in the questionnaire will help the judge decide which is the most appropriate track for your case. If you feel that your case is one that should be dealt with as a small claim in the small claims track, you should indicate this in the questionnaire. However, you must understand that, even though your view and that of the defendant will be taken into account, it is for the judge to decide.

 

Also if you check out:

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex305_0405.pdf

 

this states that anything under £5k (and without personal injury) it should be dealt with in the Small Calims Track, I'm sure that I have read somewhere else on CAG that this value only applies to the Claim before interest and fees are applied, so your £4.6k should qualify for the Small Claims Track. Cobblers may just be trying to spook you because if you read up about Fast Track, the solicitors fees start to play a part etc.

 

You may just want to give the MCOL Helpline a call to clarify the value before/after interest part.

 

BC:razz:

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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PS

 

MCOL Help Desk: 0845-601 5935

 

BC;)

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Hi All,

 

Quick update, called the courts today and the case has gone to the Judge and he has requested a "case management meeting". I asked the lady what this was, and basically, he calls both parties into his office to see what is happening.

 

Anyone heard of this ???

 

Its on 20th October, so not sure if this is good or bad !!!!!!

 

:confused::|:-o;)

  • Confused 1

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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OK I NEED A LITTLE GUIDENCE NOW !!!!

Received letter from the court today:

Upon the district judge considering the allocation questionnaires filed herein

IT IS ORDERED that there be an allocation Hearing and Case Management Hearing (by phone) to take at WXM Court. The Claiment's/Defendent's Legal representation must serve a case summary and draft order no later than 4pm on the last working day before the hearing.:? :?

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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Tomba90,

 

wonder if this is because WXM hasn't had many of these? I would be tempted to call the Court again for clarification of waht is required. You may find that copies of all your letters sent to banks is what's needed, along with your Claim etc. Sounds like Mod's adivce needed incase though! As if it's not bad enough that the RBS/Cobblers try everything on, now the Court is as well.... I'm not sure what the Draft order should say, but I guess that it is the substance of your claim ie the spreadsheet. But you need to ask a banana that. I'm sure the Court would be able to advise.

 

Good Luck, I was hoping you'd have heard something from Cobblers just like Stacy and MissM et al have recently

Doh!

BC:eek:

  • Confused 1

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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OK,

 

Cheers BigCol,

 

Been in touch with the Mod (who thought it was a strange order) & called the courts, basically the case summary is exactly that "a summary of the case so far" & the draft order is what I would like the outcome to be.

ie ALL MY MONEY BACK!!!!;)

Anyway, the Hearing (by phone) will take place 10th October @ 12.30pm

I may be the first to have this, so will keep thread upto date.........

 

Also asked if they had many other cases like this, one or two was the reply !!!!!!!

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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AH well Old Bean,

 

sometimes it's surprising when the legalese turns out to be plain english!! This may well be a surprise for Cobblers too, so I wonder if you'll have an offer from them soon....what did the Mods think about having a "without prejudice" chat with Ms B at Cobblers??

 

Bon oeuf Rodders!!

 

BC:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Hey up Bigcol

Not mentioned having a "without prejudice" chat with Ms B at Cobblers, not sure it will get me anywhere !!!!

I'm putting together my case summary & draft order, The Mod wants to see it before it goes off. Will post it on the thread once ok

 

:oops:

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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Roger that Tomba!!

 

Have you checked out Westable's thread? They had a chat with Ms B a la,

 

"i have spoken to lynsey burgoyne being helpful as she could be given the circumstances. She told me that she has emailed the client and is waiting a reply from them. I'm guessing that i wont here anything now until the eleventh hour. Hopefully it will be sooner. I asked to be emailed as soon as any information is made available."

 

Maybe she has let her proverbial 'guard' down, but they send us missives 'without prejudice', so what's wrong with a similar conversation - as you are representing yourself............

 

Off now to shut right up and crawl back under my stone lest I be letting myself in for adverse comment....they've never liked it up 'em Mr Manwearing!!!

 

Bah! Come on Darling........top idea what! Bah!!

 

BC:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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