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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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 
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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

UKPC DCBL - PCN 2019 - now claimform - McDonald's Gelderd Road Leeds ***Claim Discontinued***

mrk1

By mrk1
in Private Land Parking Enforcement

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mrk1

mrk1

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Thank you. 
I’ll call Northants Tuesday (closed bank hol) and get status. I have that N9 which was given as a kind of receipt of filling out mcol. It and yes for Maccy D I’ll chill till 19/20th. Can’t wait for Thursday to see DCBHell solicitors face when they need to pay me my £275 back and hopefully damages. 

 

I’ll call northants Tue and ask nicely if they can help confirm. I have it written down on paper on my desk so it’s not going to go amiss anytime soon. 💪🏽

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honeybee13
honeybee13

Our lives would be easier if you could locate your own documents, to be honest. We try really hard to help you and you aren't helping us. HB

FTMDave
FTMDave

Time to look at train or coach fares to Dartford. If you can't make a simple copy of an important legal document and store it somewhere, then this will be the result.

mrk1
mrk1

Yeh it’s legit.  well either way I’ve got an email saying they’ve instructed solicitors to stand down so I’d love to see them try pull a fast one on this. 

mrk1

mrk1

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Ok. I’ll call northants see if cans confirm. I deffo filled it out. On mcol. Was priority. Not sure e why I can’t log back in. It just gore to gov gateway when I press sign in. 
I don’t get chance anywhere to use case reference and password on claim form

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mrk1

mrk1

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Yes here is the first few lines just so we on same page....

 

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1.  The Defendant is the recorded keeper of [motor vehicle].

2.  It is denied that the Defendant entered into a contract with the Claimant.

 

I have this in a google doc ready to fill in and save as pdf and email on 20th.

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mrk1

mrk1

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Yep..

 

ccbcaq@hmcts.gsi.gov.uk 

 “Claim number xxx xxx (type of response i'e AOS , Defence, N180)” in the subject field. 

 

The info in body is the following..

 

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1.  The Defendant is the recorded keeper of [motor vehicle].

2.  It is denied that the Defendant entered into a contract with the Claimant.

3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the ........ MORE TO FOLLOW.

 

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  • 2 weeks later...
mrk1

mrk1

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Hi guys.

I am going to send defence off.

Can i just check, it is this I am sending to the email below?

 

ccbcaq@hmcts.gsi.gov.uk 

 “Claim number xxx xxx (type of response i'e AOS , Defence, N180)” in the subject field.

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1.  The Defendant is the recorded keeper of [motor vehicle].

2.  It is denied that the Defendant entered into a contract with the Claimant.

3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMR......    ETC

 

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mrk1

mrk1

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Ok yeah. 
What’s the normal procedure now. I guess I will wait to hear back from justice.gov first? Do they normally email or write back do we know? 

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mrk1

mrk1

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Will do. I have read some actually. Maybe just not in detail. 
Hooe I don’t have to sit in front of a judge again. The apparent power these [edited - HB] have is bewildering. 
My mental health been screwed with that last case. I’m out of it now but it was like slow strangulation getting heavier and heavier. How is it possible that this is allowed!!?

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mrk1

mrk1

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Lovlely little letter in the post from CCBC.

Receipt of defence.

"I acknowledge receipt of your defence, a copy is being claimd on the claimant or their solicitor. The claimant may contact you directly to attempt to resolve dispute. If dispute cannot be resolved informally, the claimant will inform the court that he wishes to proced. The court will then inform you what will happen. The claimant has 28 days to respond to your defence, after that period has elapsed, the claim will be stayed. Th only actipn the claimant can then take will be to apply to a judge for an order lifting the stay".

 

 

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  • 3 months later...
mrk1

mrk1

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Hi guys, you will remmbr me I am sure.. Fleecers trying to get £2800 or something from me, and I won the case.

Just got a letter...

"Notice of allocation to the Small Claims Track"

I have googled it but still can't figure out what the hell they are playing at, are they just trying to prolong this and extract even more blood?

What is this?

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mrk1

mrk1

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Posted (edited)

Not that I know of.. It starts KIK...

 

"CIVIL NATIONAL BUSINESS CENTRE"

"CLAIMANT" UKPARKINGCONTROL.

"IMPORTANY NOTICE - IF YOU DO NOT COMPLY WITH THIS NOTICE THE COURT WILL MAK SUCH ORDER AS APPARS TO B APPROPRIATE - THIS COULD INCLUDE STRIKING OUT THE CLAIM.

"TAKE NOTICE THAT -

THIS IS NOW A DEFENDED CLAIM - THE DEFENDANT HAS FILED A DEFENSE

IT APPARS THAT THIS CASE IS SUITABLE FOR ALLOCATION TO SMALL CLAIMS TRACK

YOU MUST BY 1ST SEPTEMBER 2023 COMPLETE THE SMALL CLAIMS DIRECTIONS QUESTIONAIRE FORM N180 AND FILE IT WITH TH COURT OFFICE AND SERVE TO BOTH PARTIES.

 

I hav only just got the letter.. Today. The letter box is outside and managed by landlord and he been away the last week. He has just dropped oit off 1 hour ago.

 

I won this case - signed off by a judge, so what on earth is this now?

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mrk1

mrk1

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I can't locate this original paperwork at moment.. I have just gone through most of the 11 pages and all infon redacted out so can;t link it up.

I will tak clear pic now and redact and upload asap.

I do not recognise this claim number. But I suppose it could be for this Mcdonald case?

What stage is this proposed allocation claims track letter?

I don't need any of this right now.

 

 

Here is the letter.

WhatsApp Image 2023-09-02 at 20.18.51(1).pdf

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mrk1

mrk1

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I just searched forn "mcol" on my computer to search for login details but can't find them... hmmm

Maybe I should call the county court or the court it was passed to on Monday to double check?

I just need to find out what this KIK claim numbr lines up with..

As I say it does not look familiar and during the last odyssey / marathon I do not rmember seeing the "CIVIL NATIONAL BUSINESS CENTRE" mentioned.

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mrk1

mrk1

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Didn't se why I would need it, it should all be on email anyway, just need to scan back to 4 months ago, when I emaild it myself.. I will have it..  Just the papers stuff was gathering dust, all on mail tho, will just need to go back a fw months.

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  • Nicky Boy changed the title to Notice of allocation to the Small Claims Track
mrk1

mrk1

Posted
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I called Bradford County Court, they said nothing to dow with them yet, but it's likely that it's a new claim, looks like fleecers trying to place anothr CCJ on my file, they really have no limit do they.

This letter is datd 15th August, says I need to get it back by 1str September, I only got on the 2nd Sep.

What should I do here?

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mrk1

mrk1

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Even if it was for the same invoices / case it's a done set deal now, closed in my favour. Their lack of organisation has no effect on me...

This is a case number from the courts, K1K.... I have lots of paperwork form fleecers but trying to locat any paperwork from courts that I emaild myself.... Been waiting on the phon to CCBC now for 35 minutes... This is outragous to be honest!

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mrk1

mrk1

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Just seen a UKPC code - 101473........

I checked with old paperwork I have on my hard drive and it seems that this new letter has different last digits..

So possibly a new case?

 

What dos that face mean? @FTMDave

I just spoke to CCBC... It is for Mcdonalds...

 

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