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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 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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Any Advice gratefully received re. default removal


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Well, is this a record??????!!!!!!!!!!!!!!!

Halifax rang husband this afternoon to let him know they are removing the default:D :D

So will wait for written confirmation and check credit report then return to letter writing to try to get some of them charges back!!!

 

Thank you everyone! Will update with progress.

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Well, is this a record??????!!!!!!!!!!!!!!!

Halifax rang husband this afternoon to let him know they are removing the default:D :D

So will wait for written confirmation and check credit report then return to letter writing to try to get some of them charges back!!!

 

Thank you everyone! Will update with progress.

 

Most excellent news...

 

Glad to hear of more success stories...

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Congratulations !!!!

Told you it was a fab letter...........

:eek: You beat my record 9 days (but they were gone by then) who gives a damm. Whoopeeeee.

Give it about a week and check your file online. I know Equifax charge a lot but its worth it to know then and there.

Get down to the estate agents or do you think you might still be in with a chance of the house you lost ????? I do hope so.

I feel so pleased for you. Thats how I realised I had mine, trying to get a mortgage.

PS make sure Halicrap put it in writing for you.

Hope Surlybonds reads this :D

 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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Hi Lizzy

Well, the offer is still accepted on the house so fingers crossed, we're still hoping to get that one! Yippee!! But I keep telling myself not to get too carried away until I get the letter and check the file!

 

If it hadn't been for this site, I don't think it would ever have been removed!!! :D

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If it hadn't been for this site, I don't think it would ever have been removed!!! :D

 

You MAY have managed it because it was not your fault. They are so good at fobbing off (as you know) it may have taken months or you might have given up :( as you didn't really know your rights. They could have blamed you to the bitter end.

 

THAT LETTER scared the pants off them..... as it did to Birmingham Midshires(same group). I just know your letter will say as a gesture of goodwill because they will be stuffed otherwise. You could sue for all the pain/trouble/heartache/ and extra money you have spent on renting. But they won't admit a thing.

 

Now your not as stressed pop over to the Bear Garden some fun going on in there between letter writing........especially about this site being addictive. Iv'e no idea what they mean :lol:

 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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Most excellent news...

 

Glad to hear of more success stories...

 

 

I thought it was you ;)

I was just surprised by the cloak. I know now reading the posts :D

 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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Well, is this a record??????!!!!!!!!!!!!!!!

Halifax rang husband this afternoon to let him know they are removing the default:D :D

quote]

 

Congrats Rusty!;) Did you send the letter as per the template or did you make any changes to it as i was quite confused by it when i read the amendments SB made to it in the Default Hell thread. Call me thick but for some reason i just didn't get it, maybe i read it wrong the first time?

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[quote=snootycow

Congrats Rusty!;) Did you send the letter as per the template or did you make any changes to it as i was quite confused by it when i read the amendments SB made to it in the Default Hell thread. Call me thick but for some reason i just didn't get it, maybe i read it wrong the first time?

 

I pretty much left it as it was except for the bit where it states 'However, the contract I originally signed with x only gave x permission to process data during the term of the contract.' I changed to '..the contract I may have signed...' etc as I had requested a copy of the original agreement but they hadn't provided it so didn't want to admit to signing anything if they didn't have proof that we had - if you see what I mean.

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I pretty much left it as it was except for the bit where it states 'However, the contract I originally signed with x only gave x permission to process data during the term of the contract.' I changed to '..the contract I may have signed...' etc as I had requested a copy of the original agreement but they hadn't provided it so didn't want to admit to signing anything if they didn't have proof that we had - if you see what I mean.

 

I see, the thing that confused me was the template letter was written as if it was to go to CRA's, but the version in the "Default Hell" thread was amended to go to the actual companies the contracts were with. So i didn't know if it was best to send to the companies or the CRA.:?

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Have you had your letter yet Rustydog ???

 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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Good news for al that got defaults removed. :p

 

I have been reading the thread and I am a little confused. In my case several defaults have been issued and recorded all the accounts have charges I am reclaiming at present. I need to know if surly's letters for refusal are still relevent as effectively the accounts still exist even though defaults have been issued.

 

I have considered adding that I want them removed when I file on MCOL but I'm not sure this would be a good idea.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Yes, got it yesterday and it says, guess what? 'Gesture of Goodwill............'.:lol:

 

They are funny bu**ers....aren't they.

 

"Gesture of Goodwill".... my a**e!!:D

 

Ah well, it's a result... cheers.gif

 

that's all that counts... even if they don't have the balls to stand up and say sorry...

 

 

One day, one of these organisations might actually admit it...

 

but there again...pigsfly.gif

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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Good news for al that got defaults removed. :p

 

I have been reading the thread and I am a little confused. In my case several defaults have been issued and recorded all the accounts have charges I am reclaiming at present. I need to know if surly's letters for refusal are still relevent as effectively the accounts still exist even though defaults have been issued.

 

I have considered adding that I want them removed when I file on MCOL but I'm not sure this would be a good idea.

 

I think that you should have mentioned it earlier on in your claim. In the claming charges back section one of the letters, either the 1st or 2nd gives you the chance to leave that part in or take it out. If you feel that the default has been caused by the charges alone.

Post a new thread to see what the mods say about adding it in now.

 

Surly say's that a defaulted account is a closed account as the terms and conditions that you were bound by no longer apply. I'm not sure how many people have tried on an unsettled account but I don't see why you can't try.

 

I think someone with more knowledge needs to advise you on wether to add it to your MCOL or go for it later as a seperate issue.

 

Lizzy

 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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I think that you should have mentioned it earlier on in your claim. In the claming charges back section one of the letters, either the 1st or 2nd gives you the chance to leave that part in or take it out. If you feel that the default has been caused by the charges alone.

Post a new thread to see what the mods say about adding it in now.

 

Surly say's that a defaulted account is a closed account as the terms and conditions that you were bound by no longer apply. I'm not sure how many people have tried on an unsettled account but I don't see why you can't try.

 

I think someone with more knowledge needs to advise you on wether to add it to your MCOL or go for it later as a seperate issue.

 

Lizzy

 

On further reading it appears that a number of MCOL claims have been settled regarding the money side of things but no regard or decision has been given to the default side of it. Consequently I have left it off MCOL but have notifed Capital One today that I will be persuing it as a seperate issue. Lets get the money back first then go for the throat :D I have put a paragraph in all my prelim and LBA letters that I want any defaults or advers data removing.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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On further reading it appears that a number of MCOL claims have been settled regarding the money side of things but no regard or decision has been given to the default side of it. Consequently I have left it off MCOL but have notifed Capital One today that I will be persuing it as a seperate issue. Lets get the money back first then go for the throat :D I have put a paragraph in all my prelim and LBA letters that I want any defaults or advers data removing.

 

Yes I have been reading that too, I have not seen any who have had it removed through MCOL (that does not mean it has not happened, i've just not seen it) probably because MCOL is just for money claims as it states.

 

Think I would be tempted to send the default removal letter to one of them to see what happens. but I am a bit odd like that.:p

 

Lizzy

 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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Moneyclaim is for settling the moneyside only.

One way of doing this is to send a letter into the court after the claim is transferred stating that you reserve the right to address the default issues at a later stage.

 

Of course you could address both issues if done on an N1 but it can be said that a success with the money being refunded can build a bridge for other action.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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