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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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Beckett v Citicards***WON***


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Just sent off my DPA request and £10.00 cheque. Hopefully should be a bit of wonga in their bank earning me 8%pa interest at court! I'll keep you all updated as and when.

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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Good luck :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Keep at it they paid up at the LBA stage for me after offering the difference between £25 and £12 after the first request. So you will get your cash and that holiday!

Good Luck

cheers

andyace

 

 

citicards= £650/settled £650

Alliance and Leicester= £1534/request for payment sent/LBA sent/standard refusal/moneyclaimsent/settled £2003.36

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  • 2 months later...

Well finally i received my statements (why they produce statements on a closed account god only knows) total £175.00, not much but worth having.

 

Wrote off last Thurs, got a reply today from the office of the chief exec telling me they know i have written before (have i?) and that they are requesting my ststements which can take 6 weeks.

 

should i forward them my statements to speed up their reply, or just issue court action when the 14 days ends, dropping them an email in the meantime? advice please?

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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Well finally i received my statements (why they produce statements on a closed account god only knows) total £175.00, not much but worth having.

 

Wrote off last Thurs, got a reply today from the office of the chief exec telling me they know i have written before (have i?) and that they are requesting my ststements which can take 6 weeks.

 

should i forward them my statements to speed up their reply, or just issue court action when the 14 days ends, dropping them an email in the meantime? advice please?

 

stick to your timetable - just say how ridiculous you think it s that they have requsted such an extension to examine information they already hold.

Consumer Health Forums - where you can discuss any health or relationship matters.

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  • 2 weeks later...

have issued the moneyclaim now. I will sit back and enjoy the ride for my £250, better in my pocket than theirs.

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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oh posite has been. Brian has sent me a love letter with a cheque for the difference. whilst my costs are covered and £61 profit, I assume i carry on bankingn the cheque and sue for the rest? they did quote a case that was thrown out which i will look into more, but i have nothing to lose by carrying on

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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do we think Brian is backdating his letters to the LBA deadline a little. I have his letter dated 26th october which arrived today (04th Nov), maybe thedefence will say "we wrote to him on time, he claimed too much too early"

 

Problem is Brian, the cheque printer never lies and your cheque is dated 01/11!!

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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do we think Brian is backdating his letters to the LBA deadline a little. I have his letter dated 26th october which arrived today (04th Nov), maybe thedefence will say "we wrote to him on time, he claimed too much too early"

 

Problem is Brian, the cheque printer never lies and your cheque is dated 01/11!!

 

Copy the cheques before you bank it - inform the court ofthe part payment and wait for the defence how much do they owe you now?

Consumer Health Forums - where you can discuss any health or relationship matters.

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A simple case of time travel!

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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the claim is for £260 all inc. i will write to the court tomorrow with a schedule of charges cc'ing citicards

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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I am getting a bit lost in some of these threads where it goes on for many many pages and everyones interjections, so apologies for this rather basic question.

 

LTWFB effectively lost in court in that he achieved no more than I have so far, i.e. the return of the difference between the £12 guideline and £25.00 charged.

 

The defence which led to the case not working was that the costs were perceived to be £12.88 odd.

 

1) Surely an automated system adding on a charge automatically doesnt cost more, expecially when you are notified ina regular statement and not by a special letter. Just a thought.

 

After the LBA deadline, I filed with Moneyclaim. The defence has been received today disputing the amount. At the weekend, I received a cheque for the difference in reply to the LBA, at the time of issue they did not know I submitted a moneyclaim. I have banked this cheque and have emailed moneyclaim to say I am after the balance.

 

My real question is, are Citicards defending everything in court now and if so am i wasting my time with Citicards for the balance when the judge is likely to agree to the £12.00 figure with the balance refunded as it has been.

 

Thanks in advance

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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there are a couple of things happening at the moment

 

1.my case has been appealed-and NI law is different than English,as has been pointed out to citi aleady when they tried to use this in another case on the mainland-and small claims court cannot set precedent in any case.

 

2.A couple of cases are being referred to the mercantile court-which will not please citi as there is standard disclosure in that court.No secret evidence there!!

 

3.There are a couple of other avenues being pursued which at the moment are not for publication here,as well all know who is noseying in.

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they only owe me another £150, i bet they will go all the way for that!

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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they only owe me another £150, i bet they will go all the way for that!

 

Yeah - but so will you! Get your costs back as well.

 

I reiterate everything that LTWFB has said - be a bit more patient and things will unravel very quick.

 

Best wishes.

Consumer Health Forums - where you can discuss any health or relationship matters.

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The defence has arrived. I love the way they use faded paper for the extra effect. The defence states interesting that I hold a card with them, which I didnt as of about 2 years ago.

 

i havent stated the law properly.

 

defendant has imnposed charges to cover losses (but they told lickthewallfatboy £12 was the cost!)

 

i failed to aprticularise in my claim form the charges. moneyclaim soesnt give a lot of room, besides as they refunded £91 they much know what the charges were. I must prove the charges. Doh!

 

The defendant states i breached the t&c's 7 times. Not true i did this more and some charges were refunded.

 

"over the lifetime of the account the claimant has set its default fees as £20 and £25.00", did I? Ohh thats slander Brian.

 

its not a moneclaim everyone, its a damages claim. therefore i cant claim interest or the interst i charged was wrong.

 

every allegation in the particulars is denied. OK i lied about having an account numbered xxxx.

 

Is it me or does this defence look as weak as the paper it is printed upon.

 

Dont get me started about the SAR address issues.

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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apologies for the typos. Actually you know the saying "everyday you learn something new" I have learnt the word Avers. Thanks Brian.

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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The defence has arrived. I love the way they use faded paper for the extra effect. The defence states interesting that I hold a card with them, which I didnt as of about 2 years ago.

 

i havent stated the law properly.

 

defendant has imnposed charges to cover losses (but they told lickthewallfatboy £12 was the cost!)

 

i failed to aprticularise in my claim form the charges. moneyclaim soesnt give a lot of room, besides as they refunded £91 they much know what the charges were. I must prove the charges. Doh!

 

The defendant states i breached the t&c's 7 times. Not true i did this more and some charges were refunded.

 

"over the lifetime of the account the claimant has set its default fees as £20 and £25.00", did I? Ohh thats slander Brian.

 

its not a moneclaim everyone, its a damages claim. therefore i cant claim interest or the interst i charged was wrong.

 

every allegation in the particulars is denied. OK i lied about having an account numbered xxxx.

 

Is it me or does this defence look as weak as the paper it is printed upon.

 

Dont get me started about the S.A.R - (Subject Access Request) address issues.

 

Weve all had one - is yours from Brian or David?

Consumer Health Forums - where you can discuss any health or relationship matters.

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They do tend to copy and paste their defence, hence why the mistake has been made in stating you currently have an account with them... Brian must be rushed off his feet.

 

As par there very own Terms & Conditions, if you have paid off your account, or paid in excess of the value of the charges plus your monthly interest it is a Money Claim.

 

Things are formulating behind the scenes which will help everyone. And lets just say people in Salford will be left kicking themselves.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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