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

      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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    • 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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RBS CCA request refused due to CCJ


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We have now told Mrs D's mum that her so called 'Discharged Guarantee' may not be as 'Discharged' as we thought.

 

She has given us permission to get copies of all the documents from her solicitor.

 

Should have it all this afternoon.

 

Wonder what this little lot will throw up!!

 

D

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Got some stuff from Mrs D's mums solicitors.

 

We are waiting for them to find more but we have got the important bit.

 

It's an official letter from the bank discharging the debt in 1996. (I should say discharging the guarantee)

 

D & D

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Got some stuff from Mrs D's mums solicitors.

 

We are waiting for them to find more but we have got the important bit.

 

It's an official letter from the bank discharging the debt in 1996.

 

D & D

 

 

Yeehaa - me smells blood ! :D

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Great news!! Lets hope they finally see sense and do the decent thing ;)

adzya Versus:

 

Nationwide Bank Charges & Loan PPI

Amazon.co.uk/Halifax Charges

Cr@pitall One Charges and PPI

First Direct Bank Charges

Vanquis Visa Charges

GMAC Default notice & PPI

Halifax Bank Charges - S.A.R Request To Be Sent.. Switching Accounts First! ;)

 

Hope I provide useful info and help, if I do please feel free to tip my scales!

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Hi D&D,

 

Have you actually checked that the amount f interest charged was indeed 80% - and not 57.26 - also is there any way to find out what the interest should have been on the type of loan they had converted your 'debt' to...any chance it could have been 22.24% ?

 

Jody

Jody123

Please note I have no legal training - the information I have has been gleaned from too many hours on this site! :-)

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Hi Jody

 

Thanks for all your comments.

 

It's a bit more complicated than this. We had a letter from the bank last month saying that they had credited our account with 2 payments of £21,300. At the time they said that these were payments from US. They are now saying (in a new letter) that these were not payments from us but were to correct the wrong interest charges.

 

As yet,we still (and neither do the bank) have any idea what the 57.26% means!!

 

D&D

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So.....we now know that the original secured debt is gone. But, somehow I don't think they believe this!!

 

It's still going to take Sir Freds intervention. Lets wait and see.....

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Just had another letter from Credit Management Services in Telford.

 

Now, to understand this you will need to read posts 46 and 47. This is a letter from me(Mr D) replying to their DSAR info. Mrs D did replied to them on the same day but it was over 6 pages long. They felt that they couldn't answer so they have passed it to thier solicitors. Still no answer to hers 5 weeks later.

 

So here's mine, read posts 46 and 47 first if you want the full facts....

 

CMS28May2008P1.jpg

CMSMay2008P2.jpg

 

 

 

 

 

My reply today was.......

 

 

 

 

 

DB411.jpg

 

DB412.jpg

 

So lets see what I get back. This guy must be getting sooo stressed at this. He even sent Mrs D's to their solicitors as he had no answers.

 

D

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I love the "our systems have recorded the correct amounts"...Such a confident statement from a company with a pretty bad record...I feel they will eat those words eventually!

 

I can't wait for an explaination about their CMS system when I get to Court on the 13th. I almost don;t want them to settle, cause I will rip into them about quoting a system without any backup...

 

Good luck the D's!

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Thats the thing,these guys at RBS can only give us data from a screen. They are relying totally on the fact that whoever put this data on the system was not making any mistakes.Its pretty clear that the recovery department has no backup records on paper file to refer back to.

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LOL oh I know and I will use that to take them apart...the poor duty sol, barrister or whoever they sent is going to be quized about this wonderful CMS system and why Sir Fred got a report and I didn't...how it states certain things, but there is no backup info or follow up info on the comments made on there...are they even time stamped for audit purposes? I bet they aren't!

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Hi All

 

Got a Letter from Sir Fred Goodwins office today.

 

I believe that Penfold has done the same, he said, and I quote 'what a fat load of good that did me!'

 

From the letter that I got from Sir Fred's office today all I can say is......What a fat load of good that did me!!!

 

They have accepted that they have made mistakes and have informed thier solicitors about these mistakes, but NO mention of an appology or how they are going to correct these mistakes. Also they even mention my S.A.R!! Sayinig that they are sure that ALL information has been sent too me!!!

 

Not nearly enough!!! This S.A.R. was applied 13th March 2008. Still waiting for loads of stuff.

 

They will soon find out that I have officially complained to the Information Commissioner about thier non compliance.

 

I'll post the letter tomorrow

 

D & D

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They will soon find out that I have officially complained to the Information Commissioner about thier non compliance.

 

I wouldn't rely on this - I complained to the ICO about a failure to comply last August and they wrote back to say "yes, you are right" 8 months later! :D

 

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In hindsight, I should have written back to him to ensure my SAR was sent promptly as I got my info several months later! I suggest you write back with your issues including you do not feel the full SAR has been sent, they are / will be in breach and can they confirm that there is no charge on the mother in laws prop etc...spell it out so ANY COURT will understand what you have asked...

 

Penfold

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I complained to the ICO about Morgan Stanley not complying and they must have contacted them as a letter arrived two weeks later from Morgan Stanley complying and offering £100 for their non-compliance and referred to the ICO.

 

I would certainly complain.

 

Good luck.

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Am a right in thinking that RBS obtained judgment for the book debt amount shown in your router account statement on page 2?

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Am a right in thinking that RBS obtained judgment for the book debt amount shown in your router account statement on page 2?

 

Paul

 

Paul

 

Yes, is this meaningful?

 

D

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Went to court today,bank issuing charging order against me for £39K, they already have one against Duncan for £35k [only have about £2.50 equity in the house]. All we asked for was an adjournment for 28 days because bank have not fully complied with our SAR. Knew it was unlikely, but before we even walked through the door the judge had already made her decision.She said I could make my argument,but it would have to be a VERY good one, something about rejecting previous defence on CCj that was only a year old. As soon as I started to speak,she started talking over me. SO much for listening!According to her banks only have to keep statements/records for 3 years, maybe less......:confused:...interest after judgement can be added to ANY account,even current accounts & overdrafts....:confused:, she tried to quote the oft, not O F T the oft ruling on charges and interest would take 3 years. This wasn't even about charges or interest but she didn't want to listen. I expected the bank to get the charging order, what has upset me is that somebody in this position, making such important decisions is so utterly ignorant of the law. Some poor soul had a set a side at 2pm today with her......he didn't stand a chance.

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