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    • 12mph (beyond any UK limit) will certainly qualify for a Fixed Penalty. So you should received an offer of a FP for each of the remaining two offences. Be sure to submit your licence details as instructed when you accept the offer. If you don't your £100 will be returned to you and the police will prosecute you in court.
    • and it will be also now written off under age related criteria anyway.
    • @dx100ukThanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe consequences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points? @Man in the middleI've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
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    • 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
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Claim Has Been Stayed!!!!


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18 days after service of the court documents they paid 1 amount of cash to my account, this represented the interest due plus court costs of £120 and 5 days later 2 amounts as "cn" correction they added up to the total charges claimed back.

 

2 days later a letter arrived telling me what had been paid and informing me that a proposed account charge had been suspended.

 

They also informed me that they cannot provide free banking and if I strayed into any breach of the terms and conditions in the future that they may have to review my account availability.

 

I have now informed the court that they have settled my claim in full.

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  • 3 weeks later...

Filed my claim with MCOL on the 22 Feb 07, and had acknowledgement they intended to defend. My claim goes back to Jan 2000 so is/was just over the 6 year limit.

 

Like every one else 2 weeks ago had one or two deposits into my account, but then i noticed i had made a mistake on my claim specifically the amount i had entered a few charges more than once. Anyway this week i had stated to put togeather the N244 notice application to change the POC (specifically the amount).

 

In my initial POC i made no mention of the Limitations Act or the 6 year limit.

 

Well i have received today "Notice Of Defence That Amount Has Been Paid" from the court. Basically Nationwide have paid all charges and interest up to the 6 years, but have stated the rest another £540 is statute barred.

 

I want to continue but am unsure s to how, do i still have to amend POC to change to total amount i am claiming and also enter a defence with regards to Sec 32 Limitations Act.

 

Or do i just reply using the form they sent stating the amount outstanding and my response to their defence which is "The defendant has refunded all charges debited to the claimants account since 19/2/01 that had not previously been refunded. Insofar as the claim relates to charges debited to the claimants account account before 19/2/01 it is barred by virtue of the provisions of the Limitations Act 1980

 

No further sums are due from the Defendant to the Claimant"

 

 

Can anyone help and or suggest a response, i am off work tommorow so would liek to get something togeather and get it out asap.

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I think that to amend the claim now, given that you have already recieved a full offer and you did not make any attempt to refer to the Limitation Act 1980 in your particulars of claim despite still claiming for charges that were greater than six years old is going to cause you a problem.

 

Have Nationwide paid you the charges that you had entered more than once and were the reason for the amendment that you were going to make?

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

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No they have not, the reason for the amendment was i initally entered the wrong amount.

 

Nationwide have paid the charges back within the 6 year limit but not the ones that fall just outside, another £540. I did not make reference to it im my POC becuase i thought it was up to them to make light of it, now they have can i just not agrgue the Sec 32 of the Limitations Act

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Can anyone help please, i need to know the following

 

Do i still go ahead and file to amend the POC. If so i do i include the the amounts already paid by Nationwide in the total amount. Also can i or do i add the Limitation Act Sec 32 defence on the POC

 

Do i do all this befire replying to the N9B form which Nationwide have stated they ahve paid all monies owed and the remainder is statute barred

 

Or do i drop the whole thing and re file for the amounts owed over 6 years

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Yes, you should continue. There is no duty on the claimant to refer to the Limitation Act in any way. Even the court does not have a duty to refer to it.

 

Has the claim been struck out? If not then you may continue with it, but you will need to be prepared to argue the Limitation Act.

 

If the defendants apply to have the rest struck out you should get an opportunity to put in representations to object to strike out. You may reject the offer or accept in partial settlement with an intention to pursue the full amount.

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

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Yes, you should do that and you will need to alter the total to reflect the payments made to you so far.

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

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So from the top

 

I file the N244 to amend the POC i do not chance the actual wording, as in include anything to do with the Limitations Act. But change the amout to the total amount now outstanding which is £540.

 

What do i do about the court fees becuase they have paid the inital £120, do i just put this as £0.00 as i still have that in the POC, which will or should allow me to recover anymore costs should they arise.

 

Do i return the form stating i still wish to continue after i have filed to amend my POC. I do have 28 days to respond so i would think this would be best incase there is a problem with my application

 

Many thanks for all your help, sorry for so many questions but just want to be sure and get it right before i continue.

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You will now need to argue the point about the Limitation Act, you must change the wording of your PoC to plead your case. The defendant's have made the assertion that £540 of the charges cannot be claimed due to the Limitation Act and now you must argue that you are entitled to claim them.

 

You will need to pay a fee for the N244, look that up here Court Fees

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

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  • 4 months later...

Just got my date through for Oct for Nationwide. Claiming back £520 all charges are for 1999 and 2000. They filed a pretty poor defence only about 6 lines long.

 

Has any had this before, do they just not show up on the day or do they settle closer to the time.

 

I have wrote to the court askihg them to throw the defence out for abuse of the process. Hope it works.

 

Also got a Oct date for Barclays to remove a default, that is gonna be a lot harder to sort i think. Here s hoping they get thrown out too.

 

After that im finished......my credit history will be tip top and i would have sued just about everyone i can, including Sky TV.

 

JUst like to say thanks to everyone for all their support....

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  • 1 month later...

Unfortunately, yes - they can. Although it's incredibly unfair when you're so close to the finishing line. :(

 

Have a look in the new 'stays' forum (linked to my signature) for further discussion and advice on how to approach this. It's worth starting a new thread for this claim in the stays forum as well.

 

Best of luck :)

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