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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Clampers take car which has LBL


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Have now filed my defence/counterclaim. Does anyone know roughly how long it takes before i get a hearing? I'm now contacting the car pound to find out the date the car was scrapped as they wouldn't let me collect it via family member offering me the money, saying i was only the registered keeper & not the owner.

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Car pound & Lbl have been sent sar's. My has been def scrapped 9mths after it was taken. Need to find out what happened in between them taking & scrapping it. My god i could have gone & reclaimed it had i known.

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  • 4 weeks later...

Should have my court date soon, not looking forward to it. Car pound have returned my sar saying they can't give me any details & lbl have still to reply though i won't hold my breath on that. How long do they have to reply before i can file a non compliance. Just thinking will the car pound now chase me for 9mths storage costs even though i didn't know they had kept car for that time?

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Should have my court date soon, not looking forward to it. Car pound have returned my sar saying they can't give me any details & lbl have still to reply though i won't hold my breath on that. How long do they have to reply before i can file a non compliance. Just thinking will the car pound now chase me for 9mths storage costs even though i didn't know they had kept car for that time?

 

 

Hi Bingo, The car pound returned the SAR, odd, as the SAR is backed by The Data Protection Act if they have any records they should send you a copy... I wonder what they have? A call to the Data comissioner may be in order..The car pound guys are they the same guys that nabbed the car and scrapped it for LBL?

 

If the pound chase you for fee's they leave themselves open-as they returned the SAR, is like they are saying they don't have any records, so if they do send you a bill, then they have records and have ignored the SAR-you can go for damages....

 

trooper68

Trooper68:)

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Hi trooper i sent the car pound a sar to release all data that they held on the car, this was after their employee slipped up and informed me that the car had been held there for 9mths. It was seized last june & only crushed march this year after failed legal proceedings issued by lbl. I was never informed of this & believed that the car had been collected & sold ages ago.

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Hi trooper i sent the car pound a sar to release all data that they held on the car, this was after their employee slipped up and informed me that the car had been held there for 9mths. It was seized last june & only crushed march this year after failed legal proceedings issued by lbl. I was never informed of this & believed that the car had been collected & sold ages ago.

 

 

Ok where do you stand at the moment with LBL?, so what was LBL's failed angle, even so you have no car?

 

Do let it go with the SAR, make the complaint to the Data Commisioners Office, get the ball rolling on that, send a letter to the pound asking why they ignored the SAR and request that they comply...

 

Trooper68

Trooper68:)

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At the moment LBL are taking me to court for the balance of the loan. Sad thing is that a family member had offered to help release car from the pound & clear my lbl. But LBL & pound both confirmed at the time that the car was to be collected by LBL. I assumed that i had lost the car & never heard anything for 10mths, till LBL's solicitors contacted me.

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At the moment LBL are taking me to court for the balance of the loan. Sad thing is that a family member had offered to help release car from the pound & clear my lbl. But LBL & pound both confirmed at the time that the car was to be collected by LBL. I assumed that i had lost the car & never heard anything for 10mths, till LBL's solicitors contacted me.

 

 

So LBL turned down the an offer to clear the Loan, and they are now chasing you for the loan....

 

 

I think you may have a good case here to defend.. can you get a statement from the person who offered to lend you the money?

 

From what you discribe, you tried to settle after the car was taken, they whole lot, including the pound fee, they refused, taken the car, and its been scrapped after 8 months in the pound at a daily rate?

 

You SAR LBL and the pound and they sent you back the letter or just ignored you?

 

 

Ok, have you submitted a statement yet to the court?

You may go for an embarressed defence cos of the SAR, you cannot defend without the information, request that the court make a judgement on that, this will force them to give you everthing on your account even phone call transcripts..It also gives you time to ammend your statement to fight this.

 

If i'm not mistaken the very fact that you tried to pay the whole loan off will win favour with the Judge, also they help on to the car for 8 months and then scrapped it, now that is insulting if the car worth less "in a short word" the loan...and they are going for the pound fee's and Loan and Repo.

 

Beyond belief these morons are...

 

Trooper68

Trooper68:)

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Hi bingo. forget about the compound for now as this relates to a differant problem.

 

but you do need to get all info from lbl as to there case with the compound company. something is not right. you need to find out why lbl lost the case as like they will tell anyone (they are the legal owner under a bill of sale)

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LBL and the car repo guys worked together on this, so you may find that there was an exchange that may turn up something between to the two SAR's, its worth asking for. It may be that the pound was never paid from LBL for the work and they scrapped it! as scrapp prices have gone right up...

 

You asked for info and they returned your SAR....the SAR is protected in law

 

trooper68

Trooper68:)

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LBL and the car repo guys worked together on this, so you may find that there was an exchange that may turn up something between to the two SAR's, its worth asking for. It may be that the pound was never paid from LBL for the work and they scrapped it! as scrapp prices have gone right up...

 

You asked for info and they returned your SAR....the SAR is protected in law

 

trooper68

 

 

Hi trooper. the car was taken by dvla and not lbl.

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Lbl have yet to reply to my sar, I have requested via their solicitor disclosure of details where lbl took the carpound to court. When a sar is requested whats the timescale for them to reply & does it include weekends.

 

 

Its 40 calendar days from receipt.

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Thanks middle wasn't sure how long for sar. Trooper sorry i hope i haven't confused you. Dvla took the car as it wasn't showing a valid tax disc. After it was taken i informed lbl of what happened. I didn't have the money to release the car from pound as i was dealing with council tax bailiffs at the time & they had priority. My brother when he found out got me to phone the carpound only for them to tell me that the car was in the process of being collected by lbl. From what i found out by the carpound lbl did want the car but didn't want to pay to release it, so it sat there unbeknown to me for 9mths while lbl took court action against the pound to try & get them to free the car. Lbl never informed me of this or of the fact that the car was crushed. I had always assummed that the car had been collected & sold. I didn't hear anything for nearly 10mths when their solicitors letter came telling me i now owe lbl xx amount of money.

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Thanks middle wasn't sure how long for sar. Trooper sorry i hope i haven't confused you. Dvla took the car as it wasn't showing a valid tax disc. After it was taken i informed lbl of what happened. I didn't have the money to release the car from pound as i was dealing with council tax bailiffs at the time & they had priority. My brother when he found out got me to phone the carpound only for them to tell me that the car was in the process of being collected by lbl. From what i found out by the carpound lbl did want the car but didn't want to pay to release it, so it sat there unbeknown to me for 9mths while lbl took court action against the pound to try & get them to free the car. Lbl never informed me of this or of the fact that the car was crushed. I had always assummed that the car had been collected & sold. I didn't hear anything for nearly 10mths when their solicitors letter came telling me i now owe lbl xx amount of money.

 

 

Ahh. That makes sense. When are you due in court?

 

 

Thanks

 

trooper68

Trooper68:)

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  • 6 months later...

Hi everyone, I haven't been on here for a long while due to a family crisis which is ongoing. I should have been in court earlier this month regarding the above, but had to ask for a postponement because of the ongoing problems within the family. I now have a date for next month, but yesterday received a letter from LBL's solicitors. They have changed solicitors since legal proceedings were started & this is a different one. I had previously tried to settle out of court but they refused, demanding more money. Yesterdays letter reads " We & our client have given thought to the matters of my defence & counterclaim " & are now willing to accept the offer that i had tried to settle with from the very beginning. Letter also states that " after discussions with their client and giving due weight to the commerciality of their claim." They now want to accept my offer & if i am content to compromise this to let them & the court know asap. Whats going on?. Can anyone help pls I really want this over & done with.

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  • 2 weeks later...

Hi Bingo

 

LBL are under the spotlight atm, so my guess would be that it is their attempt to make yet another bad situation for them go away. I would reply to the letter by saying that they didn't accept the offer when you was in a position to pay it so they can now dance for it and you will see them in court! They go to trial in July to try and keep their license so the least court appearences for them before that the better if you see what I mean.

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