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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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trancyb vs Barclaycard - probably **WON** with Compound Int't


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Hi Trancy.

 

They've asked for an adjournment if the Strike Out Appl'n is unsuccessful. Can you confirm why they want an adjournment.

 

In their N244, they've tried to cover all bases - Strike Out as an abuse of process; and on the basis of no cause of action; and 'cos you're unlikely to succeed; and if all else fails they want the adjournment.

 

The previous Directions were the normal Draft Directions that we use except the judge did NOT order that the defence be Struck Out if it's not submitted 14 days after your bundle went in. However, the Directions did say that all evidence on which the bank will rely should be included in the bundle.

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Hi Slick

 

They have requested adjournment on the basis that,

 

A) It is consistent with the overriding objective to allow the parties to continue with settlement negotiations, and

 

B) It is not proportionate for the defendant to prepare a full accounting report on how charges are calculated prior to a hearing of a low value claim in which we have offered full redress, accordingly the defendant would need additional time to prepare such a report.

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I've asked for some additional input from Site Team which I hope will be forthcoming.

 

:-)

We could do with some help from you

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Keep going Trancy, your an inspiration to me, I have this evening received an email from BC including their defence for my two cases, so it has been interesting to see how you case has developed. I did not receive an offer letter, but I imagine that this is because all my charges were older than 6 years. As you would expect they has used the statute barred arguement in their defence.

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  • 2 weeks later...

Oooo trancy I admire your tenacity in this!!!! My claim is for nothing like your figures but I have been nice and understanding but now I'm annoyed. They don't want to see me annoyed!!

 

Commenting mainly so that I get notifications on this thread.....

 

Good Luck :-) xx

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  • 1 month later...

Just to put an end to this story, I was in touch with TrancyB during the stage where he was negotiating with Barclays Litigation to reach a settlement.

 

Full Court Bundles were prepared and submitted in accordance with the court's Directions.

 

Then it all went very quiet !!

 

All I can assume is that TrancyB reached an acceptable settlement with BC which would have included the compound interest claimed and probably DN removal. However, if Trancy agreed to a Confidentiality Clause, he would not be able to confirm the existence of, or terms regarding, settlement.

 

This should be taken as encouragement to those seeking the return of their charges with restitutionary interest.

 

:-)

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Glad it all went well and that B/C are still getting knocked about a little.

 

Good Job :)

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Regarding Slick's post above, I cannot really add any further comments for reasons that I cannot go into.

 

However, I am very grateful to CAG for the help and support received and I am now a very happy bunny.

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Regarding Slick's post above, I cannot really add any further comments for reasons that I cannot go into.

 

However, I am very grateful to CAG for the help and support received and I am now a very happy bunny.

 

This is very good news :)

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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