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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.  

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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Wills7 A&L


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Guest Battleaxe

Wills,

 

I am not sure. I have heard of a & L sending a cheque and then requesting the person to send them a cheque for their Overdraft repayment.

 

I don't think you can demand which way they settle the claim if you have money owing to them and the account is still open, but if they closed the account before settlement I would assume they will send you a cheque.

 

 

I could be wrong...whatever way it will be nice for you to get your money back. Clayton's Pay Day. The pay day you have when not having a pay day (Aussie/Kiwi expression)

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I've just been reading something on another site that was all - i'm pretty sure my account was closed as it went to a DCA before i paid i paid it off but i have used a different account for about the last 2 years not with A&L. I hope they send me a cheque as i have have no means of getting out of the account if they put it in there. I have checked with them and there is a zero balance on the account....

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HELP!!!!!Just got home to find a collection card from the royal mail needing me to sign for a letter. The only thing i'm expecting is my A&L stuff and i've not read anyone else's was deliverded special delivery. Could it be court papers???

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It was my Cap one statements for the second time!! i got them on Monday normal post and now recorded delivery how strange!! Still no cheque tho it's been 10 days since they said they will defend i'm getting worried now!

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Guest Battleaxe

Wills7,

You certainly got your £10.00 out of them.

 

Don't fret too much about not getting the cheque, it is a case who blinks first. they are are having a last ditch stand, it's the only thing they can do. Guess you will know at 4pm on Tuesday what they are planning.

 

hang in there.

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Guest Battleaxe

Sorry Wills,

 

I thought it was 14 days, oh heck to wait another 18 days is going to be agony for you. I heading down that path also, as yet I don't know if A & L are going to defend, so I am sitting out until 8 December the 14 days after service. I just wish i had started this earlier, but heck have another three bites of the A & L cherry to go.

 

Hang in there, if you get wobbly just whistle one of us will come running

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They replied after 2 days that they were going to defend.. there was an email address on the letter i got do you think it's worth dropping them a line? My email address is my work one and it's a very well known broadcasting corporation!!

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Guest Battleaxe

Wills, I am not sure about contacting them, but maybe giving the Court a phone call might help. If it was me, I certainly would not be contacting them (A & L). others might have different views.

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Guest Battleaxe

Wills, there have been a couple of incidences where people have received the cheques at the 11th hour. it is a waiting game. If they are going to defend has the Court sent you any documentation to date. i think it is an A Q which you have to complete. Ring the Court and see where your claim stands now? A & L do not want to set foot in a courtroom, so just hang in there.

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Guest Battleaxe

Wiils,

This is from the FAQ section

 

(7)

 

The bank will now either....

 

A) Ignore the claim completely - they can claim incompetence as the reason for not Acknowledging or defending and you win by 'default' after 14 days. You will need to apply for a judgment which you should do as soon as the time limit has expired.

 

If they get a defence in before you apply for the judgment, then they gain the right to proceed into court if they want.

 

B) Acknowledge the claim - this buys them a further 14 days to enter a defence. Some banks will acknowledge the claim and then pay up. They know you MEAN it now! For every threat that gets this far, there are many more that give up long before this point and they know it.

 

Some will acknowledge the claim, but 'forget' to enter a defence - after 28 days from the date the papers are served on them you will have won by default and you will get all your money back. Once again, you will need to apply for a judgment. If they do not pay you in full, you have every right to send the bailiffs in - this can also be done from the moneyclaim.gov.uk site or by applying in person at your local court (if you started your claim this way)

 

C) Settle the claim in full, including interest and court fees (if they offer to settle for anything less, then refuse - YOU WILL GET THE FULL AMOUNT)

 

D) Submit a defence. If they do this, the court will send you an Allocation Questionnaire form to complete. This is quite straight forward and, once again, there is help for completing one.

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Guest Battleaxe

Mine got served on Saturday, so they have until the 11th, to notify if they are going to defend. If they don't give notice I will apply for Judgement by default, but that wont mean I'm home and hosed, they can still dick around , but at least things are in the pipe line. i hit them for all the interest they charged me over the last six years and I bet they are going to argue that, but then again if they hadn't put the charges on they wouldn't have been charging me the interest. Moot point really.

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