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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.  

      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.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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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EON/Wedlake Bell LLP PAPLOC Now Claimform - old Dual Fuel Energy Util Bill for old property


Jase1982
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Topic moved to Financial legal Issues Forum in view of the court claim

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  • 2 weeks later...

Have you acknowledged service of the claim? deadline was yesterday by 4.00pm.

You will have to respond quicker than this if you are to successfully defend this claim.

 

 

Please read the link below and provide any information regarding the debt and claim by copying the Qs and your responses back here.

 

 

 

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-court-claim-issued-in-england-wales-what-you-need-to-do/#comment-4355834

 

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18 minutes ago, Jase1982 said:

Hi,

 

I submitted a response today.  I'm assuming they'll have to allow some leeway as due to the postal strikes I didn't receive it for several days afterwards..

Now refer back to my link and give us some history of the debt and complete the CPR 31.14 request 

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Defence due Tues 17th by 16.00pm.  

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  • dx100uk changed the title to EDF/Wedlake Bell LLP PAPLOC Now Claimform - old Dual Fuel Energy Bill for old property
  • dx100uk changed the title to EDF/Wedlake Bell LLP PAPLOC Now Claimform - old Dual Fuel Energy Util Bill for old property
  • 2 weeks later...

I will search for you :becky:

 

 

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Just a few tweaks to defence in post#24 you should be good to submit.

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I have made the tweaks

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  • 1 month later...

Claim is stayed....so forget about it until /if the court informs you the claimant has made application to lift the stay.

 

Andy

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  • 1 month later...

In the (name your local county court)

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  • 2 weeks later...

Its not dated so may have been filed with the court on time....check the status on MCOL claimant DQ received  dated xxxxx.

 

Change of Sol irrelevant.

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Keep an eye on it until its updated...normally DQs are sent to both parties same date when a stay has been lifted.

 

What date were they supposed to be filed by ?

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  • AndyOrch changed the title to EON/Wedlake Bell LLP PAPLOC Now Claimform - old Dual Fuel Energy Util Bill for old property

You can only go on the MCOL status page ...if last entry defence filed then that's where its at.

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  • 2 weeks later...

Cant ever be stayed anyway now once DQs have been submitted...it can be struck out if the claimant fails to submit their DQ on time or if the defendant fails to submit on time the defence can be struck out and judgment for the claimant.

Its an allocation delay which will be with your local county court nothing to do with MCOL now.

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  • 2 weeks later...
Quote

I think it is unlikely that a claim will be stuck out immediately if a DQ is not filed on time. If you read the wording on the court directions issued by the CCBC it usually says "may be struck out".

I think it is probably standard practice that the court will issue an "unless order" giving the party in default of the directions one last chance to comply.

I didn't say immediately and obvs there would be an " Unless Order " :confused:

  • Like 1

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  • 2 weeks later...

And yet you filed it 20th April the courts must be creaking :classic_wink:  Next will be the Proposed or Notice of Allocation N157///come back when you receive this....hopefully it will be before December :becky:

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  • 2 months later...

So the Sept hearing is whats called a CMC (Case management conference hearing) to determine the way forward. obviously the court is not happy with something even though they have stated the date  of the main hearing for October.

Courts directions must be followed for the Sept hearing witness statements/disclosure of docs by 4.00pm 1st Sept.

 

Andy

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Every claim civil or other requires a statement you are the witness to the facts.

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Your defence is just your initial response to the claim to put the clamant  on notice that you will fight the claim. A Statement is a particulrised in depth version of the defence using your own words as to why you have defended the claim.

Complete with a Statement of Truth.

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2 minutes ago, Jase1982 said:

what if I don't receive anything from them before the 5th?

You inform the court and they will be barred from using written evidence or possibly have their claim struck out for not complying with the courts directions.

 

Quote

but you have to understand that people work full time and have home lives to contend with.

As we all do but we give our time free also along with contending with above.

  • Like 1

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29 minutes ago, Jase1982 said:

the onus was always to create a comfortable, engaging, happy environment.

I wasn't aware that we didn't but I'm sorry if you feel that looking through your topic and I cant see where that has happened unless its with todays responses.

Hopefully you should receive the claimants statement before the 5th and that can be useful to see the points that they will rely on and you can tailor your responses to counter. If not have a go at drafting a statement post it here in plenty of time and we can tweak it if needs be.

 

Andy

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:noidea:Just crack on with your statement 

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