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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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    • 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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Ge Money Refusingis This Right?**WON**


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They haven't passed it to GE but they say they are waiting for GE to tell them what to do. I spoke to them on the phone about 1 week ago.

 

The AQ is due in a week on Monday - I think I will phone them again this week to see if they want to save themselves £100.

 

Steven

 

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well my AQ was due in by last friday i didnt have to pay £100 cos it was less than £1500.i wonder if they submitted theirs considering they sent this letter? well ill write to them asking what schedule they refer to.. this action be stayed upon the terms set out in the schedule attached.but theres no schedule? so will be asking what terms im agreeing to in there that they want me sign away my rights too!

ah well its good anyway

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Keep up the good work. We seem to be going through the process with GE Money at roughly the same time. I'll watch your progress with interest.

 

Steven

 

If this post is helpful, please click the scales

 

 

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help i need a translation.im not sure exactly what they mean amd dont trust them!

i emailed them today and agreed to the offer and they emailed me back saying

I am happy that you are, in principle, in agreement with the settlement offer. However, from your email it seems that you want GE to issue a cheque in the amount of £394.22 and then send this cheque to you and, upon clearance, you will cancel the Court proceedings.

 

However, my client requires that the Consent Order is signed and filed with the Court. That said, it does appreciate that you do not wish to sign the draft Order unless and until the settlement sum has cleared. Accordingly, by way of a compromise, I suggest that a practical way forward will be for you to sign and return the draft Consent Order to me whereupon I will undertake (as a solicitor and officer of the Supreme Court) to hold the Order and not file it with Court until the settlement sum had cleared. When the settlement sum clears you will agree that you will notify me. This way, your claim will continue to survive (which it would have done anyway) until the monies have cleared in your bank account. If, for any reason, the monies do not clear then I can confirm that I will return the original signed Order to you.

 

I do hope that this proposed method of settling your claim satisfies your concern about being put in funds. If you are in agreement, I would be grateful if you would please sign and return the draft Consent Order previously sent to you and I will request that our client raises and sends a cheque to you as soon as possible

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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They offered me that too. Translation:

 

Plan A:

 

- You sign the order

- They send the order to court

- They send you the money

 

You have said you want the money first so they have come up with plan B

 

- You sign the order

- They send you the money

- They send the order to court

 

They haven't given you Plan C

 

- They send you the money

- You write and tell the court it is settled

- no-one sends the order to court

 

Plan C is what (I think) we are going for because the order contains a draconian confidentiality clause which is unacceptable

 

Steven

 

 

Hope that helps

 

 

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Plan D---They just pay you the money they unlawfully took from you. Boom! Boom! ;)

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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lol parky if only it was that simple!

im sending a letter to them today...so we will see what happens .i think ill phone court tuesday and see if they handed their AQ in

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Archer, sorry i just couldn't resist . ;)

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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bet u wont be on for a couple days next week,having a bad hangover no doubt!!;)

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

Link to post
Share on other sites

  • 3 weeks later...

mmmm not sure what to think ......i havent heard anything off GE since i sent the letter back to them the 28 days is up on the 20th june unless its working days but they didnt state that tho..............

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Share on other sites

It's usually calendar days. However, the courts (my court at least) is way behind with paperwork because of all the cases. So it could be awhile before even they know if GE have submitted an AQ

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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mine wasnt too bad a few weeks ago..

but ive had an email today basically moaning about me handwriting on his draft order! i didnt agree to drop court case til money received and didnt agree with confidentiality.he wanted to know what CAG was ! lol

he is waiting to hear from his client on the matter .....well im not holding my breath but i should receive a court date very soon and if i have to do another bundle ive told them ill charge them for it!

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

Link to post
Share on other sites

Watch out then - the order that Salan's have sent us to sign had a confidentiality statement which we 'persuaded' them to remove but still has a statement that both parties will bear their own costs. that means I can't hit them with a wasted costs order. Never mind.

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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i dont mind that if they pay b4 i have to do bundle and i didnt have to pay any court costs anyway......so onwards and upwards

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

Link to post
Share on other sites

ok court date next week the 29th june!! no they dont believe in giving much time!! I still havent received cheque and ive emailed the man dealing with the claim today asking where the cheque is as i then shall be adding on extra fees if i have to do the bundle...i had an email back saying he was away til next monday!!! he gave me a email address for someone else and ive emailed her so lets see what happens

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

Link to post
Share on other sites

yay!! what a great day!

got the order today saying they have to pay within 28 days... and the court date is stayed til then!! yay

thanks steven and everyone else who has been there!

:D

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

Link to post
Share on other sites

CONGRATULATIONS. You are having an amazing day. Well done. Fortune favours the brave. Which is exactly what you have been.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Share on other sites

ooo thanks parky and what an inspiration you have been! thanks so much for putting up with me blonde moments!!!

can someone change me to won???

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

Link to post
Share on other sites

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