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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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Archer V Monument **WON**


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Hi all,

I am in court 18th September in Exeter for credit card charges against Monument. £800 ish, plus court costs. I was just looking thru to see if there had been any successes! Well done to runnycustard and good luck to archer, hope mine goes thru ok and doesnt get a stay.

Its taken about 1 year to get to this stage. They did initialy offer me half of what they owe, but I declined.

so, hi ho, hi ho, its off to court I go!!

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runny u have a date on the 6th ? but thats gone?

toby well done go get them!!

i know someone who has not long won against them but it was right at the last minute b4 the court date!

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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I received a letter yesterday from Barclays Legal & Compliance Dept, with a heading of:- Unauthorised Overdraft Charges ("bank charges")

 

How wrong is that - I am claiming against my Credit Card charges - they have requested a stay or are going to request a stay.

 

I have emailed the person who wrote the letter and asked them why a stay should placed on credit card case when the OFT are dealing with BANK charges only.

 

Didn't get a response by email, guess it'll be up to the postie....

  • NatWest - Settled in full 8 weeks after LBA (without interest)
  • Capital One - LBA 27th July - Offered & paid £28 - Rejected - settled
  • Monument - LBA 18th July - Offer 19th July - Refused - settled

  • WFS - 8 Point Complaint - awaiting response - Failed CCA Request - awaiting response - Awaiting S.A.R - (Subject Access Request) info

***WFS Written Off £8k 01/08/07***

 

Monument sent my info even tho i forgot to send payment!!! Thanx Monumnet

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I think they are using the fact that most of us are quoting Unfair Terms in Consumer Contract Regulations 1999 in our POC's which is the regulation that the OFT test case is set to clarify, I think this is also why some DJ's are staying credit card claims.

 

Having said that its possible to argue a credit card claim on straight breach of contract under common law but I will have to do some more research on that though :roll: My Monument claim POC lists UTCC1999 :cool:

 

pete

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just received allocation to local court and defence, basically states that i signed the agreement and should pay the charges - nothing about a stay yet - or is that to come?

  • NatWest - Settled in full 8 weeks after LBA (without interest)
  • Capital One - LBA 27th July - Offered & paid £28 - Rejected - settled
  • Monument - LBA 18th July - Offer 19th July - Refused - settled

  • WFS - 8 Point Complaint - awaiting response - Failed CCA Request - awaiting response - Awaiting S.A.R - (Subject Access Request) info

***WFS Written Off £8k 01/08/07***

 

Monument sent my info even tho i forgot to send payment!!! Thanx Monumnet

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  • 2 weeks later...

well... have a court date of the 30th Nov - have written to the judge asking that a stay not be placed on this case as it involves Credit Card charges and not bank charges

  • NatWest - Settled in full 8 weeks after LBA (without interest)
  • Capital One - LBA 27th July - Offered & paid £28 - Rejected - settled
  • Monument - LBA 18th July - Offer 19th July - Refused - settled

  • WFS - 8 Point Complaint - awaiting response - Failed CCA Request - awaiting response - Awaiting S.A.R - (Subject Access Request) info

***WFS Written Off £8k 01/08/07***

 

Monument sent my info even tho i forgot to send payment!!! Thanx Monumnet

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yes chancer ive done that with my AQ for barclays as they said they were asking for a stay so i put in my AQ about not being relevant to credit cards so just have to wait and see

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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Hi All,

 

thought you might like some good news. I had a monument account, balance was £700 all of it was charges, total charges taken from account was £1,880 (inc contractual interest at 40%!!) Sent lba, no response, lodged claim, no response, filed for judgement no response. Warrant of execution filed, no response for 10 days, then a phone call! Thomas Hickey called me and said they would like to settle and asked if they settled the full amount would i give my consent to have the judgement set aside. I said yes but only if all the funds would be trasferred directly to a bank account of my choosing. I had CCa'd monument in the past, no agreement exists so no enforcable debt. By the end of the day i received a settlement letter and draft consent order by email which i promptly signed, scanned and emailed back to very helpful Mr hickey. 4 days later BACS transfer for full amount was sent to my account! Then 11 days after that Compucredit (who took over my account from monument) call and tell me they are no longer pursuing this debt and have written it off!!

£1,800 spending money and £700 debt wiped off within the space of 2 weeks! Talk about making a profit, the £700 balance left on my account was purely charges!!

 

regards,

shane

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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CONGRATULATIONS AND A JOB WELL DONE BLONDIE ;)

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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I'm a little confused has Archer won or is it that Shane has won or am I a bit thick

 

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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  • 2 weeks later...

no it was shane! i have to put an N1 into court when kids go back to school! never mind ,i havent heard about my barclaycard one though its been ages it seems.....

so no blondie hasnt pulled it off yet..

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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no it was shane! i have to put an N1 into court when kids go back to school! never mind ,i havent heard about my barclaycard one though its been ages it seems.....

so no blondie hasnt pulled it off yet..

 

hi archer,

 

sorry, i seem to have thrown your thread into confusion!

 

Best of luck, we all know they'll pay up in the end

 

regards,

shane

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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thanks shane

well done for ur win though !! i hope mine isnt far away now!! fingers crossed

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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