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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 
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      • 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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Sarah V Time Retail Finance **WON**


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Philip says------------------

---------------

Without Prejudice & Subject to Contract

 

Dear Sarah,

 

Thank you for your email.

 

I am aware of the previous offer which was rejected by you. I also appreciate why you have asked your question. The mistake was unfortunate and I apologise for the misunderstanding.

 

Nonetheless, I am afraid the position is as stated in my last email. GE cannot remove the default. Atkiv Kapital is a completely different and independent company. Of course, feel free to search the internet to verify this fact if you have any doubt.

The monetary offer remains capable of acceptance and, in the circumstances, I have to say that, having examined the factual matrix of your husband's claim in detail, it is a very reasonable offer.

I look forward to hearing from you.

Kind regards

 

Philip Beswick

---------------------------------------

What do you think now?

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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Was the series of events like this:

 

1) fell behind with payments on Time card and Timeadded unlawful charges

2) Time passed (sold) debt to Aktiv

3) defaulted on repayments to Aktiv

4) reclaimed charges from Time

 

If so, then what Philip says is probably right.

 

It leaves you with a problem regarding default removal. As there is no unlawful charge issue with Aktiv (is there?) you don't really have a lever to get them to remove the default. The only possibility is a seperate action against them on the basis that the debt they were pursuing and you defaulted on was made up of charges which have subsequently been refunded. However, the 'without prejudice' offer cannot be used as evidence in court. You may have to just live with the default :(

 

 

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Thanks for your advice Steven. Things happened pretty much as you listed. What you said is what i suspected. I shall accept this offer. Thanks again- i'll let you know when i get the cheque!!!!

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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just a quick question! Am i bound by confidentiality? On the schedule is the confidentiality clause. This claim is my husbands (in name) so am i right in thinking that he is bound not to speak of the details but i am not (as i'm not signing anything). ?Doubt my hubby could speak much about the details of this anyway- he got lost ages ago!!! Thanks

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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They may try and get you to sign a confidentilaity statement but you don't have to and it wouldn't be binding in law anyway. If there is one on the form they send, either cross it out or don't use the form. I had this arguement with Philip and he didn't press it.

 

They sent me a Tomlin order which I put in the recycling. I wrote to them accepting the offer (without stringsd) and wrote to the court (copied to them) once the cheque had cleared.

 

 

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  • 2 weeks later...

quick update- i sent consent order to philip, philip sent it to court now they have received it (I comfirmed). Philip said i will get cheque as soon as court sends him sealed consent order. Court hearing is monday so will this consent order act as a stay until money is received? or should i independantly let the court know what is happening? :)

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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have been calling the court regularly to check progress. Today they have sent to Salans the sealed consent order so they should get it tomorrow or friday and can then raise my cheque. I emailed Philip to let him know too. Hopefully the end is in sight now. Will update when i have the cheque in my hand! :)

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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  • 2 weeks later...

Just came across a pic of Philip Beswick of Salans here http://www.salans.com/Default.aspx?sID=14&cID=453&ctID=36&lID=0 he looks a bit like a younger Ian Beale! ha ha ha!! About time my thread contained some light relief!!

Still no cheque but its early days -will inform when it arrives!

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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i agree Steven, he seems a nice guy. Its good to be able to put a face to the name.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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  • 2 weeks later...

:) :) :) Great news. Got my cheque yesterday for £650. Donation coming as soon as cheque clears! I'm so glad its done and dusted after the long slog for victory. Thanks Consumer Action Group and especially Steven for all your help and support.

Just Barclays left to go....... :) :) :)

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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