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


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • 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 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • 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
        • Like
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • 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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

ccj help please

wayne78

By wayne78
in Historic Bank Claims

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6298 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

wayne78

wayne78

Posted
  • Author
Posted

hi all i am back to pick your brains lol. had a letter today for a hearing which it says will last for 1 hour. the letter says

*application adjourned

 

*then says claimant to file at court and serve on the defendant by 4pm march ** witness statements that he intends to rely upon in opposition to the application, such as statments to be endorsed with a statement of

truth

 

*defendant to file at court and serve on claimant by 4pm april * witness statements that he intends to rely upon in support of his application

 

the letters say notice of adjourned hearing

what does all this mean and what do we need to do now because we have not got a clue. i am sorry to keep asking so many questions but we just do not know and we need to stand a chance to prove my partner did not do this. please help

Link to post
Share on other sites
pmhcfc

pmhcfc

Posted
Posted
i forgot to ask we get working tax and child tax credit would we be able to get legal help if so how do we go about doing this

thanks once again

 

Bump for someone in the know

Just hate every DCA out there

Link to post
Share on other sites
wayne78

wayne78

Posted
  • Author
Posted

the chap in question went to court and got an enforcment order we went to court for a set aside hearing then we now have another hearing what do we have to do? the papers were served at an address my partner never lived at and the whole case is based on a lie. do witness statements for defence have to be done on court papers?

Link to post
Share on other sites
wayne78

wayne78

Posted
  • Author
Posted

ccj was awarded on this mans say so alone that he gave my partner £300 for cheep tvs!!!!! based on his word alone

the set aside hearing was based on the fact that my partner was 16/17 at the point of hearing and the address where papers were sent my partner has never lived.

the first we knew about it was a threatening letter from this man in january this year followed by two phone calls

Link to post
Share on other sites
gizmo111

gizmo111

Posted
Posted

So now there is no CCJ he has to try and take you to court for this debt.

Is the CCJ set aside for ever - or a set period of time?

You ahve not acknoweldged this debt for over 11 years - so I guess now it is statute barred.

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites
wayne78

wayne78

Posted
  • Author
Posted

my partner has not acknowledged this dept the first we knew of it was in january when we had a nasty letter from the man. the chap then aplied to get an enforcememt order which he got. so my partner aplied to get it set aside.

we now have a notice of adjourned hearing which will take place in april. it says this hearing will take 1 hour. i dont know if this is still part of the set aside thing or not. it asks that my partner get witness statements which we intend to use to support the application.. do these have to be done on normal paper or is it to be done on a court form?? sorrt to ask so many questions but this is a nightmare for us we would have never got this far without all your help x

what is staue barred?

Link to post
Share on other sites
gizmo111

gizmo111

Posted
Posted

Statute barred means that if a debt has not been acknowledged in writing or any payments made in 6 years in cannot be enforced. Given that the CCJ was issued in error I don't know how if you would be able to use - at present as it stands there is no CCJ and no acknowledgement. Worth putting in your defence

Also when the CCJ was in place there was no action for over 6 years so to collect they would need the agreement of the court.

 

Would it be helpful if I moved this thread to the legalities forum where you may get a different take on the situation?

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites
wayne78

wayne78

Posted
  • Author
Posted

yes please because we just dont know what to do and if the court rules in this chaps favour my parther could lose his job because he collects cash on his delivery round and thus a ccj claim saying he stole money would not go down well. we are at our wits end

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...