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    • Hello, firstly thank you for reading this. I know no one wants a long winded back story. So I’ll be breif. I entered a local store to buy some paint (which I did pay for) I am honestly not a bad person or a theif.   Didn’t have a basket or trolly as was on my lunch break. Whilst picking up the three tubs of paint placed some masking tape in my pocket (it was hanging out of so I had every intention to pay) just didn’t have a hand free. Paid for my goods (forgot about the £4.39 masking tape) I’ve got so much going on and im not well at all (like I say no one cares I get that) also have autism so wasn’t thinking particularly like others do maybe (who knows my minds going around and around) I left the store after paying, was pulled back in by security. Asked for the tape which I gave immediately  shook up. Gave them my ID and details. I was given some paper and told to expect a large fine in the post for their time and the tape and sent on my way. my questions are: I hardly ever go out without support so the ban I guess I can’t go there now for anything (their loss) - ok but is my photo going to be all over with my name? how much am I expecting in the post as a fine? I have sent them cash in the post recorded signed for delivery to arrive tomorrow (incident happened today) for my error. Their Address was on the bit of paper. i have read two posts on this page but they were from many many years ago so I hoped for updated advise please? 
    • V important you read lots of BMW threads too !  
    • So should I send them a new SAR and put my date of birth on it? Or do I need to send them some proof? Driving license? 
    • Thanks so much for your help!! I've emailed them, and when they reply saying they can't do it I'll reply and state my rights. I'm so glad I found this forum, and will read all of the posts I can find and help guides available for the future. Really can't thank you enough.
    • utter BS, doesn't matter you signed it. pers i'd be writing as per the other threads here rejecting the car as not as described under CRA etc and be done with it. as its a debit card you could also do a full chargeback within 120 days to your bank and simply dump the car back to BMW. 100's of like threads to read here. get your ducks inline. make sure you know what you are doing and off you go. dont take any BS from BMW, no matter what you sign it does NOT remove your consumer rights. p'haps it might be on the off chance you are a good manager , a quick phonecall tomorrow saying you dont want it because (no bla bla fitted) it might be resolved in 5 mins..i will guess to date you not tried
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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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CCA 1st Credit / Connaught **SET ASIDE WITH COSTS**


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This has taken me from 4.30pm to do.

 

They are well going to get hit for costs. Plus a days pay, plus travel expenses and the big one stress!!!

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I have dropped the SD in the Courts this morning.

 

****Edited******

 

HAK

Edited by Having_A_Knightmare
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To be honest the person in the County Court was a little unfriendly and looked unintrested but she did glance at the SD so i assume it was OK.

Edited by Having_A_Knightmare
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I have just read your thread, its interesting as I am going through the same procedure at the moment.

 

I could kick myself because some of what you have in yours would have been pertinent in my affidavit and all i've basically said is that my SD should be set aside as I've not yet rec CCA, that as the amount is probably made up of unlawful charges the amount is therefore in dispute.

 

Can I add those other things (mode of serving SD, no prior "recognised" contact from co re debt) on to my affadavit as an addendum or would that also need to be sworn in?

 

Is there scope during hearing to add these things?

 

Really worried now as my hearing is on 8th Sept and not sure of what the procedure is or if I have a strong enough case?

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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No. The SD is issued by the DCA. They dont generally put a Court on it as its up to you to say what your local Court will be. Of course a proper SD should be served in person anmd if not a full expplantaion of why this was not possible must be given in an affadavit to prove service. If it is not possible to serve it personally then it should be sent by 1st Class post. However as the DCAs generally send them out as a scare tactic they generally post them second class. There is of course no proof of delivery so it would be your word against theirs in a Court case

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