Jump to content


  • Tweets

  • Posts

    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
    • Car maker takes a hit from weakening demand and price war in the world's largest electric vehicle market.View the full article
  • Recommended Topics

  • 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
  • Recommended Topics

Has Anyone Successfully Lifted A Stay Against Their Claim ?


the-miser
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6083 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

HI all ,

 

With the OFT TESTCASE and NATWEST saying that they will apply for a stay in all claims that have reachedthe courts, I though It woul be good to open a new thread just on the subject of LIFTING OF STAYS !! to find out if anyone has successfully aplied for a lifting of the stay and how they did it ?

 

NatWest - Test case - Overdraft Charges - Update

 

 

Your input is much appreciated !

18/04/07 1st letter sent (again)

19/04/07 letter received by Stuart Higley

25/04/07 Usual blabla letter from NatWest "investigating and so on and so forth" received.

08/05/07 LBA sent

09/05/07 LBA received by Natwest

25/05/07 Claimed online by MCOL

Claim served on the 4th of June

Acknowledgment of service received 18th of June

Cobbets defense and Part 18 request received 05 July

Notice of Transfer of Proceedings received 06 July

19/07/07 Allocated to small claims track, refer back after 21 days.

Link to post
Share on other sites

  • 4 weeks later...

Hi miser

 

I havent seen any that have been successfully overturned other than Tempty vs NatWest on legal bea gles.info which appears to have been following a call to her local court this morning. The application was personal to the claimant and quoted the SSA and Tax Credits Acts, and outlined personal circumstances.

 

Its quite interesting might be worth a look at.

 

Hope that helps.

Jules

Link to post
Share on other sites

I have sent my application to have the stay lifted a few days ago - will report back when (and if) I get a response from the Court, must say I am a bit depressed about all this I was almost there - just a few days to go till court date - when all this haappened and I received a stay order. £6k is a lot to wait for!!!!!!

recovering my own money

' with a little help from my friends'

-using the best legal system in the world!

:D

Claim £6k+ -March

Offer refused for £3,600+ -May sent in MCOL

Defence received end June with CPR 18 request

responded immediately to Northampton requested small claims process at local Court.

Link to post
Share on other sites

A stay was refused at Welshpool today - DJ said no way and allowed the hearing to go ahead. Claimant won! :D Won't tell you who it is yet as they haven't updated their thread due to not having internet access at the moment.

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

A stay was refused at Welshpool today - DJ said no way and allowed the hearing to go ahead. Claimant won!

 

th_fantastic.gifth_laugh-3.gif

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

Link to post
Share on other sites

th_fantastic.gifth_laugh-3.gif

 

Isn't it?!!!

 

That's a fab piccie tc! :D

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

That's a fab piccie tc! :D

 

Thats me when i was 3

712 years ago.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

Link to post
Share on other sites

Thats me when i was 3

712 years ago.

 

LMAO!!!! :D

You're only 5 year old than me then! ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

A stay was refused at Welshpool today - DJ said no way and allowed the hearing to go ahead. Claimant won! :D Won't tell you who it is yet as they haven't updated their thread due to not having internet access at the moment.

 

Was this a stay applied for by the banks that was refused or an existing stay that was overturned by way of an appeal? So far Tempty v NatWest on legal bea gles . info is the only one I have actually seen overturned , there have been a few Courts I know of that have refused stay applications but this change of Order by the Court is the 1st one of its kind as far as I am aware.

 

A big help for anyone in the same situation as far as I am concerned.

 

Jules

Link to post
Share on other sites

Was this a stay applied for by the banks that was refused or an existing stay that was overturned by way of an appeal?

 

This was an existing stay that was overturned by way of an appeal http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/111313-stay-lifted-eastbourne-county.html

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

ok so my case has now been moved to nottingham county court for that court to deal with my application to remove the stay. ive also just received a letter saying it is ordered that allocation questionairs be dispensed unless the district judge at hte courte of transfer orders otherwise

 

note i havent had to pay anything to aply to lift my stay.

 

i simply sent a letter (Found on this site)

the letter i recieved back from court said it is ordered that:-

 

1) the claimants letter stands as an application for leave to lift the stay.

 

2) no fee payable

 

3) transfer to claimants home county court.

 

i take it this is good!!?? i was about to give up lol

Link to post
Share on other sites

It's a positive step Wadsi - make sure you're prepared for the hearing as much as possible. This thread http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/111708-i-have-hearing-date.html has some good tips on how to prepare your supporting evidence for the hearing.

 

Best of luck hun :)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

Hey all,

I have a hearing date for late September to have the stay lifted against Cobbets. I dont think i can argue hardship really so i have to take an alternative angle...any ideas??? I am hoping natwest settle before the hearing. Does anyone know of Cobbets attending a stay hearing yet?? I know Jansus states that she has settled before the hearing.....fingers crossed

Link to post
Share on other sites

 

Never knew that....Applause for the Judge.....

 

th_applauseanimation1ke.gifth_Untitled.jpgth_applauseanimation1ke.gif

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

Link to post
Share on other sites

tc............ how much do I love you???

 

Loaaaaaaaaaaaaaaaaaaaaaaaaaaaaads!!!!!!!!!! xxx ;):D

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

tc............ how much do I love you???

 

Loaaaaaaaaaaaaaaaaaaaaaaaaaaaaads!!!!!!!!!! xxx ;):D

 

Arrrrrrgghh Gee hun.

th_blush.jpg

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

Link to post
Share on other sites

Yeah right!!!!!

 

Take more than that to make you blush hun!!!! :D

 

embarrassed-voice-over-faux-pas.jpg

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

A stay was refused at Welshpool today - DJ said no way and allowed the hearing to go ahead. Claimant won! :D Won't tell you who it is yet as they haven't updated their thread due to not having internet access at the moment.

 

hedgey

 

Please can you make the details available when you can for this one. My understanding is that all Welsh courts are operating a blanket stay regardless, so this is very encouraging.

 

Also good for me because I actually live in the Welshpool catchment area, though normally file in South Wales where I work. If there is some hope at Welshpool then I can file future claims there instead :D

 

V

Link to post
Share on other sites

Hi Varangian,

 

From what the claimant has said, claims are being stayed at Welshpool unfortunately. However, as the claim was due to be heard shortly after Cobbetts request for a stay, the DJ decided to let the hearing go ahead anyway to discuss whether the claim should be stayed.

 

Claimant really had to put up a fight to keep the claim being heard as the DJ said all claims should be being stayed. However, after hearing the arguements, he denied their application for the stay (Cobbetts didn't even bother turning up!!) and let the hearing go ahead.

 

As soon as the claimant's back online and updated their thread, I'll PM you with the thread link as it will make really interesting reading. :)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

Hi Guys,

 

Got a letter this weekend to say our Stay has been lifted in the Sheffield Court. We have a new court date in Nov. :)

 

I will type a copy of the letter I got from the court on my Thread later today as I have not got it with me today.

Link to post
Share on other sites

Hi Guys,

 

Got a letter this weekend to say our Stay has been lifted in the Sheffield Court. We have a new court date in Nov. :)

 

I will type a copy of the letter I got from the court on my Thread later today as I have not got it with me today.

 

That's great news right then N1's now being issued to Natwest & Halifax. :D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...