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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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Cpm/BW windscreen pcns - BW PAP LOC Now Claimform - (residential car park) The citrus Building, Maderia road, Bournemouth ***Claim Dismissed with Costs** now another PAPLOC for another same place ticket ***Dismissed again with costs***


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Says vehicles must be parked in Marked Bay, doesn't say only one per bay, if the bay can fit two. Think they are knackered by their own sign, now a suitably acid ericsbrother style response might be an idea.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Just for clarity Harni the bay is normal width but long enough to fit two cars or a car and caravan nose to tail?

 

As Mrs O'Frog indicates they couldn't touch a car on a trailer or caravan, they insinuate in their letters they could ticket a trailer or caravan, no can do, unless there is something in the lease that says no more than one vehicle can be parked in a bay long enough for two cars or a car and caravan then they are talking through their sorry jive ass, and should lose in court.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Take a sneaky picture of the other double parked car, might be useful later.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I reckon they are very silly if they try court.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Simpler the better maybe acidic like ericsbrother might write, but no specifics of what you would use to defend a claim. Just area you park in isn't covered by them as per the map perhaps so no jurisdiction to ground invoice, as per pics in post#56 and Shamrocker's comments in #57/ others will give some constructive ideas no doubt.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Reason for never using e'mail is clear, if they did try court they could send documents at last minute, say 12:01 am on the day of the case and say you had had them.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • dx100uk changed the title to Cpm windscreen pcns - BW PAP LOC Now Claimform - (residential car park) The citrus Building, Maderia road, Bournemouth

Answer  the questions on here:

 

then acknowledge Online on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 3 weeks later...

Let them spout and don't tell them that you have recorded the call until its nearly ended and you have said you are logging date and time of all calls as they are in breach of the Protection from Harassment Act 1997

 

 Prohibition of harassment.

(1)A person must not pursue a course of conduct—

(a)which amounts to harassment of another, and

(b)which he knows or ought to know amounts to harassment of the other.

[F1(1A)A person must not pursue a course of conduct —

(a)which involves harassment of two or more persons, and

(b)which he knows or ought to know involves harassment of those persons, and

(c)by which he intends to persuade any person (whether or not one of those mentioned above)—

(i)not to do something that he is entitled or required to do, or

(ii)to do something that he is not under any obligation to do.]

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 4 weeks later...

Might even get a suggestion to proceed on the papers, if they copy Gladdy's busted MO.  On The Papers is always a desperate bid to stop their dodgy POC, and WS being challenged at a hearing.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 2 months later...

Don't engage with the advocate for any cosy chat they might ask to have with you prior to the case, might be worthwhile checking if they have right of audience as well, others might give better info on that.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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And that can work in your favour.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Good luck, hope they get pwned in court. could you post a pdf of final submission, think the no locus standi, over your space should be a key for sure

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  • dx100uk changed the title to Cpm/BW windscreen pcns - BW PAP LOC Now Claimform - (residential car park) The citrus Building, Maderia road, Bournemouth

Good luck, don't forget to ask is the WS author present for VCS, as DX says, if not it puts them on back foot straight away.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • dx100uk changed the title to Cpm/BW windscreen pcns - BW PAP LOC Now Claimform - (residential car park) The citrus Building, Maderia road, Bournemouth **WON+COSTS**

Great news surely the PPC's must be near getting a bigger kicking by a Judge soon.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • AndyOrch changed the title to Cpm/BW windscreen pcns - BW PAP LOC Now Claimform - (residential car park) The citrus Building, Maderia road, Bournemouth ***Claim Dismissed with Costs***

I would be inclined to go after them under GDPR anyway, once they cough up the costs  as they are stupid enough to invoice you again.  Likely another £500 for you and cost to them, and risk of a ICO fine for them.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Might be worth looking into exactly who passed the data and when, but might then be best leave it  for now then.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • dx100uk changed the title to Cpm/BW windscreen pcns - BW PAP LOC Now Claimform - (residential car park) The citrus Building, Maderia road, Bournemouth ***Claim Dismissed with Costs** now another PAPLOC for another same place ticket
  • 6 months later...

Is it exactly same facts as one they lost on,  so yes do AOS, and maybe put something about case No XXXXX which was identical to this claim in all essential facts where they were sent packing.

 

The other Team Members likely along soon with some other tactics.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Potentially if you can put on MCOL that you informed BW etc on whatever date you sent the snotty letter  as they have sent the claimform to new address but are using your old address on MCOL as part of any defence? Others will have some extra advice I feel.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 3 months later...

Would inclusion of the case findings no xxxx xxx  which was judged in my favour by XXX judge an XXX County Court  be a good inclusion in WS a with the comment,  that that claim was brought by the claimant on identical facts  at same place also help get it chucked out and leave a nice GDPR claim?

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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The previous win should help, and is there a way to introduce some degree of the claim being vexatious and a knee jerk revenge?

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • AndyOrch changed the title to Cpm/BW windscreen pcns - BW PAP LOC Now Claimform - (residential car park) The citrus Building, Maderia road, Bournemouth ***Claim Dismissed with Costs** now another PAPLOC for another same place ticket ***Dismissed again with costs***

Well done again, hope they have learned not to be so stupid in future.  Some hope there sadly.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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