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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 
      • 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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citi A word of encouragement for citi claimants


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Guys thats what I have been saying.

:cool:

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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Interestingly enough On my account all the charges were refunded when I requested them with Associates.

Once Citi came along the refunds were also applied for the first few weeks....then all of a sudden stopped completely.

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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the moderators need to open a "closed" section(if that makes sense) only accessible via password or something to litigants who have cases like this, and mods to discuss the way forward-cos if there was any niggling doubt that citi were watching,I can dispel that for you all!!

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the moderators need to open a "closed" section(if that makes sense) only accessible via password or something to litigants who have cases like this, and mods to discuss the way forward-cos if there was any niggling doubt that citi were watching,I can dispel that for you all!!

 

is there the facility fora private chat in the chat room

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

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is there the facility fora private chat in the chat room

 

 

yes you can chat in private there

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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I'm off there now......

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Hi LTWFB

 

Glad to be of some assistance today, just sorry the outcome wasn't different.

 

For those reading I can verify that Citi did reveal figures (though I'm very sceptical of these). They are a very secretive bunch who tried to have me thrown out of the court before proceedings began, and even had the usher check my mobile phone in case I was taping.

 

The Judge did state that even though she wasn't an accountant she would accept Citi's breakdown of costs at £12.88 per default. Personally I don't think these costs would stand up to scrutiny..

 

Bru

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hi - i'm a newbie - i've received my old statements and i'm just sending out my letters before action. the arguments lickthewallfatboy's used are the same that we're all using - if a court has rejected the arguments we need to reconsider the strategy not keep advice behind a password until we've launched our monyeclaim, when it's too late to change tack! mods - please don't go offline because this group is the only resource most of us have. why have they defended this claim when all the others have been refunded? :confused:

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I think they defended in Northern Ireland because its a very small part of their business in the Uk. If they had lost the could have used the argument that the NI and English legal systems are different.

 

 

Bru

 

i thought the law about unfair contract terms etc, applied across the uk? god i wish i knew what i was doing!

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it seems odd for them go to all that trouble - was it just the NI solicitor and the financial controller? my fear is that may be the banks have decided to start defending claims in court. i know a letter before action doesn't commit me to anythign but i don't want to launch a moneyclaim unless i know their going to cave in.

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It was always on the cards that they would throw the big guns at a claim which might not bring the big attention. It's a pity nobody saw this coming. Set a precident in a small area where there was unlikely to be strong back up. Is there any process of appeal? How does this affect everyone else applying to Citi as I have a claim against them, so far at usual fob off stage.

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It was always on the cards that they would throw the big guns at a claim which might not bring the big attention. It's a pity nobody saw this coming. Set a precident in a small area where there was unlikely to be strong back up. Is there any process of appeal? How does this affect everyone else applying to Citi as I have a claim against them, so far at usual fob off stage.

 

fortunately for everyone,small claims court cannot set legal precedent,and CITI know this.I think they were testing the water with a trial run,and hopefully a strategy will be developed to defend it.

 

If anything good comes from this,it will be that others will be forewarned and forearmed......you can bet wheels are turning as we speak...... ;)

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It was always on the cards that they would throw the big guns at a claim which might not bring the big attention. It's a pity nobody saw this coming. Set a precident in a small area where there was unlikely to be strong back up. Is there any process of appeal? How does this affect everyone else applying to Citi as I have a claim against them, so far at usual fob off stage.

 

1 - There is no precedent set.

 

2 - Before everyone gets carried away, can we remember that LTWFB did not actually LOSE here? He did not get the totality of his charges back, which is a different matter altogether, and from what I can see, the judge did not comment on the penalty charges argument. The way I read it, she saw they had made an offer of £12 repayment, took for granted that the OFT had said that £12 was an acceptable amount, done and dusted, that's it.

 

Were any costs awarded one way or another, LTWFB?

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In all fairness LTWFB,

as an observer in the court, I think the judge was trying to find a way to give you a judgement in your favour. But as Citi had already changed their terms and conditions to reflect the OFT statement, she had no choice but to come to the decision she did.

 

Bookworm is 100% correct. You never lost anything today, and you have had your charges reduced from the original £25 to £12....

 

NOT A BAD RESULT IN MY BOOK....

 

Bru

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There is still some confusion as to why they are entitled to take the 12.00 across the whole period tho........how can 12.00 have been a fair price in 2001 ?

would probably be worth 7.00 then ?

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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oh, blimey, don't give them any ideas Martin!!! :o

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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In all fairness LTWFB,

as an observer in the court, I think the judge was trying to find a way to give you a judgement in your favour. But as Citi had already changed their terms and conditions to reflect the OFT statement, she had no choice but to come to the decision she did.

 

Bookworm is 100% correct. You never lost anything today, and you have had your charges reduced from the original £25 to £12....

 

NOT A BAD RESULT IN MY BOOK....

 

Bru

 

just feeling tired and grumpy Bru-and more than a bit cynical about the way she accepted that breakdown at face value.But we're all wise in hindsight.....

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Unlucky LTW, the thing is like everything we do on here (and I know that this is realy patronising) we all are learning things, like asking for the break down of how the charges are levied before they enter the courtroom and asking an accountant to varify thier accuracy, lord knows there's enough of us on here to establish circles of knowledge without the men in black using the place to formulate their own strategy. I've been in educated circles long enough to realise that degree education does not equate with common sense, the fact is that this 'bloody good website' is a wealth of knowledge that they can can harvest to make their work alot easier and establish a reputation. The thing is the defence they have used can be used by us all to undermine anything they offer. The thing that we need to do is what they do, keep it under our hats, keep it secret and keep it simple.

 

That's why I keep my signature secret, in three months of using this site I have learned so much about statutory law that I've used it to tie the men in black up in knots.

 

I would suggest that we begin to establish secure hubs of knowledge, within which we can talk about things that the men in balck don't have access too.

 

Mods if your reading this I don't know how this can be achieved, but I'm willing to help out big time. I for one are not willing to allow the pain and anguish that I (and my family) have experienced at the hands of these money grabbing bastards to affect other people.

 

Keep your pecker up son. As Alfred Johnstone Fitzhugh Longbottom once said the longest journey started with the first trip.

 

Mike

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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So Citi Cards have admitted that there cost are £12 odd (if there info is to be belived) and that they have been charging everyone £25 for years. So does this mean citi have admitted they have been profiting from these charges?

 

Why have they not given a refund to all customer then?

Why have they not paid interest on the amounts refunds?

 

They sent me a cheque for the differance between £25 and £12 with there defence but not refunded any interest. My case is not till November.

Citi Cards - £800 - N1 Form logged at court

Defence entered

£279 refuned £521 outstanding on claim

Hearing 15th Nov 2006

Hearing 18th Jan 2007

Defence Stuck out - £549

March 07 Bailiffs called in to collect

20/4 Cheque for £549 - I WIN

 

Abbey - Setteled in full 9th Nov 2006 £3,300

 

Abbey - Data Protetion Act informtion

ICO complaint logged

 

Abbey - N1 Logged - 12/02/2007 £933

FOS Complaint logged 07/03/2007

£180 refunued -Good will Gesture 01/04/2007

Hearing 15th June 2007

 

Capital One Refunded £50

 

Egg - Data Protection Act request

Returned charges £80

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So Citi Cards have admitted that there cost are £12 odd (if there info is to be belived) and that they have been charging everyone £25 for years. So does this mean citi have admitted they have been profiting from these charges?

 

Why have they not given a refund to all customer then?

Why have they not paid interest on the amounts refunds?

 

They sent me a cheque for the differance between £25 and £12 with there defence but not refunded any interest. My case is not till November.

 

If their costs are part of their defence why can't we have access to them and if as the yhave admitted they have been charging penaltys not costs why weren't the whole lot refunded as a penalty is unenforceable in it's entirety.

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

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Unlucky LTW, the thing is like everything we do on here (and I know that this is realy patronising) we all are learning things, like asking for the break down of how the charges are levied before they enter the courtroom and asking an accountant to varify thier accuracy, lord knows there's enough of us on here to establish circles of knowledge without the men in black using the place to formulate their own strategy. I've been in educated circles long enough to realise that degree education does not equate with common sense, the fact is that this 'bloody good website' is a wealth of knowledge that they can can harvest to make their work alot easier and establish a reputation. The thing is the defence they have used can be used by us all to undermine anything they offer. The thing that we need to do is what they do, keep it under our hats, keep it secret and keep it simple.

 

That's why I keep my signature secret, in three months of using this site I have learned so much about statutory law that I've used it to tie the men in black up in knots.

 

I would suggest that we begin to establish secure hubs of knowledge, within which we can talk about things that the men in balck don't have access too.

 

Mods if your reading this I don't know how this can be achieved, but I'm willing to help out big time. I for one are not willing to allow the pain and anguish that I (and my family) have experienced at the hands of these money grabbing bastards to affect other people.

 

Keep your pecker up son. As Alfred Johnstone Fitzhugh Longbottom once said the longest journey started with the first trip.

 

Mike

 

I would help if there was some way of acheiving this also

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

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