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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 
      • 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
        • Like

Night Owl V's Lloyds


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Hi Night Owl, I poped over to thank you for all those lovely comments you made on my thread and for being so supportive, I did try PMing you but you don't seem to have any contact details.

 

You seem to be having a rough time of it by the looks of thing's poor you, nothing is ever straightforward as it first seems, but hang on in, like me you will get there.

 

I will pop over now and again just to see how you are getting on if that's OK.

 

And thanks again for you support it really was loverly to have.

 

Pen x

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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icon1.gif Re: Night Owl V's Lloyds

Hi Pen,

I feel honoured to have another fully fledged legal person joining my thread

 

:D :D :D I supose I am now!!!! not that it would do any good on a consumer site. but !! if you are ever going to get hanged give me a call:p I will see what i can do!!

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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  • 2 weeks later...

Hi Night Owl,

 

just poped over to let you know i'm thinking of you. hope your ok

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Hi Night Owl. hmm I agree you should write to SC&M but i think I would do so only as a form of keeping communications open and maybe asking them if they do not think what your asking for is fair what do they recon is and let them explain why. I would also send a copy of each letter you write to the courts so they know that you at least are trying to communicate with them.

 

In all of my dealings with SC&M I had never received a single reply to any of my correspondence so I had some really nice letter to show the Judge how hard I had tried even though it was like hitting your head against a brick wall.

 

I don't think I would be negotiating with them if i was in your shoes as I feel LTSB owe you the money so they should be doing the negotiating but by writing to them your are opening the door for them to make you a offer which I personaly don't think they will do. So if their defence do request yet another stay you will have a nice bunch of letter to show the court how pointless a further stay would be.

 

But this is only my opinion and you need to do what ever you feel comfortable with. I just feel if it was me I would want my money back and i would want it all why should they get away with making a offer when they are a multi billion pound company who can well afford to pay back what they have taken from you.

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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I agree, you have nothing to lose by it. nothing's going to happen till the 31st anyway. I do like your letter throwing the ball back in their court asking why the don't think your claim is fair. It's reasonable to believe if they replied to it it would start the negotiation process, this just demonstrates they don't want to negotiate thereby wasting your and the court's time and expences. Not much point in the court ordering another stay under those circumstances which is what you are trying to aviod anyway. great

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:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Silly you:) don't be panicking at all!!!! I am sure when the Judge reads your file and you show him all the attempts you have made to enable the toe rags to negotiate. he won't order another stay. also don't forget to keep an eye on your account now and again just in case!

thanks for the clicks night owl! glad to oblige a friendly soul:D

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Me too but somehow I think they will pay up before the court date lets hope so anyway

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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  • 5 months later...

Hi Night owl.

poor you, this is taking forever. lets hope you have better luck this year. it can't go on forever.

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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night Owl I totally agree. :)

 

Before I stated on this forum I was dreading receiving letters, evening opening the front door!! it was a right nightmare so I can well understand were your coming from. But!! since joining this forum I have with help of loads of members particulary Gary and Els I have managed to clear all my debts bar 2 which I am know dealing with. One being the LTSB hubby's loan the other is my past employers who as soon as the occupational health doctor told them how ill I was the terminated my contract and forced me to take early retirement. It's theses 2 who again with the help from gary and Els I am now dealing with.

 

It's thanks to them I can now look forward to my letters again and can answer the door any time some one knocks plus I'm £13,000 better off !!!!through winning my claims for bank chargers which enabled me to pay my debt and put a bit aside.

 

It does take time and energy but it does pay off in the end! The best thing you and I ever did was joining this group I was going nut's thinking I would never be able to pull it off as it was taking forever. your main stumbling block has been the stays that have been imposed on yours and all other cases. You will get there in the end, of that I am positive, and once you do you will have the funding to sort out the rest of your debt's or at least be in a better position to make them an offer.

 

If you ever need some one to have a good old moan with just PM me. I love a good natter and you never know maybe I can help even if it is just as a confidence buster.

 

Chin up:)

Pen

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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  • 2 weeks later...

Hi Night Owl.

Another great site for information is Martin Lewis money bags, I don't know if you have ever taken a look at it but it has loads of useful info no-where near as good as this one :) but it sort of compliments this site if you see what I mean

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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