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By brassnecked · Posted
Superb result, there's no way they could have made that stick, keeper not driver never held driving licence not capable of driving. Hope they feel ashamed. Sadly these they have no shame Well done you Laura. -
By WarriorRage · Posted
Ok so I now have the inevitable Claim Form (Civil National Business Centre) Obviously I intend to defend all of the claim. Arguing the fact that the time over the 2 hours permitted was within the grace periods allowed under the IPC Code of Conduct is straight forward, as is the very simple fact I was not the driver so cannot agree to terms I was not present to accept. I've not really got my Head around the POFA thing. One of their particulars is that im "pursued as the keeper pursuant to POFA 2012 schedule 4". What is my defence for not sharing the drivers details aside from i'm legally not obliged to and does this POFA 2012 allow them to pursue me? We did put in my response to the letter of claim that I would seek a reasonable costs order, should these form part of my counter claim? If so what is reasonable to claim for? Ill do some more digging around the site later this evening in case the answers lie elsewhere. Thanks -
By honeybee13 · Posted
Hi. It's probably nothing to worry about but if you want to post up a copy withoute your personal details or their reference number, we'll have a look. HB -
I’ve now received a letter of claim
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Sorry this is a long one. recent remortgage (both self employed, clean credit checks, plenty of equity in property, husband 64, I’m 52) fairly stressful procedure but got sorted all signed waiting on land registry searches. searches came back and showed 2 charges registered to our property going back to 2007 & 2008. We had no knowledge of these whatsoever. Got details of creditors involved Link Financial & Capquest. Spoke to National Debtline who pointed us towards contacting them both and getting info about the amounts owed. Asked for copies of credit agreements, dates paid, account no, any payments made by us, details of CCJ that is supposed to come before charging Order. Absolutely nothing other than an A 4 paper from link no company name with a date of 2000 not even our telephone no. This would have been statute barred 2000 to 2008 date of Charging order so why has a judge allowed an unsecured debt to be secured against property? cases were heard in Cardiff and Redditch we live in Yorkshire, our first action had we been aware would be transfer to our local court surely? Both courts have said they have no record of judgement as do old! completed 2 X N244 and went to local county court, paid 2 x £119 explained urgency, clerk was very helpful, judge initially said there would be a 30 minute hearing but has today said no and will not look again or set aside as previously litigated and enforced. waiting on hold to speak to our IFA to see what our options are ie borrow more to pay off charges. feels like a real kick in the teeth would definitely recommend anyone with a mortgage check land registry every 5 years. any suggestions please?
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Our picks
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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.-
- 1 reply
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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-
- 81 replies
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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-
- 161 replies
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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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Countrywide ANPR PCN - in carpark for 10 mins - Disabled Parking Spot - appeal refused by CW - Kingswood Way Great Denham Bedford Bedfordshire MK40 4GH
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