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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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Mercers-Barclaycard claimform - faulty DN **WON**


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HI Jeff,

 

yes thats the piece from wilson i was refering to

 

yes you should send if possible a hard copy of the defence to the court,attached to the forms

 

yes you would be able to fax it as a back up but you would need to make sure you have the courts fax no etc

 

for some reason i didnt get an email notifying me that you had posted on the thread so sorry for the delay in getting back to you

 

 

Hi pt,

 

 

Thanks for your reply. I've added the bit from Wilson v Hurstanger to my defence and will now post it guarenteed delivery. I will also send a faxed back up.

 

PS. Could anybody comment on my remarks in post #71 please?

 

 

Regards, Jeff.

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cool, so now we wait the 28 days to see if they wish to proceed, if they dont then game over, if they do then the court will contact you and if they dont respond to the defence then the claim will be stayed til they do

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cool, so now we wait the 28 days to see if they wish to proceed, if they dont then game over, if they do then the court will contact you and if they dont respond to the defence then the claim will be stayed til they do

 

 

 

Hi,

 

 

Yep, it's time to sit tight and see what happens!

 

My personal feelings are that they will push it all the way. A game of who blind first! But, you never know.

 

I'll certainly be going all the way! Besides, there is a very good pub right

next door to the Court!

 

Once again, many thanks for all your help.

 

 

Regards, Jeff.

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:D Fingers crossed for you Jeff200 x

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

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

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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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oh the lovely waiting game.

 

Have fun with it.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 5 weeks later...

hi jeff,

 

once the defence is recieved the claimant has 28 days to decide if they wish to continue or not.

 

i would have thought you would have heard by now

 

best thing is to call the court ASAP and enquire as to what is happening

 

let us know what they say

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Just a question regarding waiting 28 days.

 

Is this 28 normal days or do we have to wait 28 days minus bank holidays and w/e?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hello everybody,

 

 

Well, I've just come off the phone to Northampton bulk centre.:)

 

 

The very nice lady on the phone has told me that Barclaycard have a total of 33 days to contact the Court after receiving the defence if they should wish to continue with the claim. She then told me that the defence was sent by a secure method! (Whatever that means). I have confirmation of the defence being served from the Court in a letter dated 27/02/08. However, I do not know on what date the defence was received!

 

She said, so far they have had no contact from either Barclaycard or their representatives. She then went on to say that the claim is now stayed. If Barclaycard now want to continue with the claim, they first must apply to a judge for an order to lift the stay. Good news, I think!

 

So, what do you think?

 

 

Regards, Jeff.

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Very, very good news Jeff...they seem to have such a casual attitude in the fact that they hope nobody will fight their claims, and if they do then they just don't turn up or respond, these companies should be punished for filing claims and then not backing them up !!!

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Hello everyone,

 

 

I'm not sure how important this might be but,

 

I've just been sifting through some of the letters that I have received from Barclaycard and Mercers etc, and:

 

The default notice, (dated 19 Sep '07) that the claim refers to isn't the first default notice that I have been sent by Mercers!

 

I have one dated 10 Aug '06. Then one dated 24 Oct '06. Then one dated 24 Jan '07.

 

They are basically the same in content as the one posted earlier in this thread.

 

So, does this have any bearing on this case?

 

If I was first defaulted way back in August 2006, what agreement have I defaulted on in October 2006 and January 2007 and finally in September 2007?

 

Any thought please!!?

 

 

Regards, Jeff.

 

Hi Jeff, did you find out anything re these default notices? xx

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

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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Very, very good news Jeff...they seem to have such a casual attitude in the fact that they hope nobody will fight their claims, and if they do then they just don't turn up or respond, these companies should be punished for filing claims and then not backing them up !!!

 

 

I am very surprised they are allowed to get away with this practice x

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

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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Hi Jeff, did you find out anything re these default notices? xx

 

 

 

Hi citizenB,

 

 

No, nothing at all!

 

I was waiting for all the info off Barclaycard regarding the account. Depending on what turned up I would have filed an ammended defence.

 

Needless to say, both Barclaycard and their sols have failed to reply to my request.

 

 

Jeff.

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Hello everybody,

 

 

Well, I've just come off the phone to Northampton bulk centre.:)

 

 

The very nice lady on the phone has told me that Barclaycard have a total of 33 days to contact the Court after receiving the defence if they should wish to continue with the claim. She then told me that the defence was sent by a secure method! (Whatever that means). I have confirmation of the defence being served from the Court in a letter dated 27/02/08. However, I do not know on what date the defence was received!

 

She said, so far they have had no contact from either Barclaycard or their representatives. She then went on to say that the claim is now stayed. If Barclaycard now want to continue with the claim, they first must apply to a judge for an order to lift the stay. Good news, I think!

 

So, what do you think?

 

 

Regards, Jeff.

 

Not only do they need to make an application but they also need to pay the fee again (aww what a shame) so its a case of waiting til you get confirmation of the stay and then sit back and see what they decide to do next the silly beggars

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My partner is also in same position as you, sent off defence, courtesy of PT which was received by Court on 26th Feb 2008. They forwarded to Barclaycard Solicitors and to date we have not heard anything from anyone. Think there time is up with us also.

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My partner is also in same position as you, sent off defence, courtesy of PT which was received by Court on 26th Feb 2008. They forwarded to Barclaycard Solicitors and to date we have not heard anything from anyone. Think there time is up with us also.

 

 

Hello Heather,

 

 

Is your case similar to mine? Did you have a similar defence and have you a thread for your case? I would be most interested.

 

Perhaps you should also contact the Court to see what is going on. You might get some news just like mine!

 

 

Regards, Jeff.

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another company who likes to waste money then.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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