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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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Orge vs BC **WON**


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Yes. They will have a timeframe of when mediation will be concluded by. They will check your availability and then match with defendents.

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You could now contact Barclays Litigation and ask if they wish to avoid the further time and expense involved with this ongoing claim.

 

Ask them if they would now like to settle your claim in full to avoid troubling the court further and incurring further legal fees and court fees.

 

Contact by email if you have it, or letter.

 

:-)

We could do with some help from you

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Mediation is booked for the 27th of March - the latest date that was available, so looks like stalling. :)

Nothing more from Barclays yet; no comment from the new solicitor in response to my prompt.

 

J

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Proposed response to latest offer from Barclays:

 

"Unfortunately your offer has arrived just as I am about to head on holiday for a week, so I do not have much time to address it’s contents at present. However, mediation is scheduled for the 27th and I believe that this still leaves us with plenty of time to conclude this matter on my return.

 

In brief, your current offer is still unacceptable to me on several accounts:

 

1. The settlement still includes provision for a balance to be paid to Lowell, yet your client no longer owns this debt. This clearly has no legal basis and would be frowned upon by both the court and the Financial Ombudsmen. Please understand that I cannot accept any offer with this condition attached.

 

2. Additionally, your offer is still substantially less than the total value of my claim and I am under no obligation to compromise. It's stated clearly in the CPR that rejection of a settlement offer does not constitute "unreasonableness" on its own. I fail to see how any other aspect of my conduct can be construed as obstructive.

 

Indeed, I would remind you that your client has had ample opportunities to resolve this matter before a claim was raised. However, they have only chosen to engage after the legal process was initiated. I strongly suspect that you client is following a consistent pattern of behavior and may be abusing the legal process as a mechanism to stall their ultimate settlement of this claim. Consequently, I would warn you that I will reclaim costs for time and money spent producing a court bundle if they then elect to settle prior to a hearing. I'm sure you appreciate that a court would most definitely construe this behavior as unreasonable under the CPR.

 

I reiterate that I am happy to settle for full payment of the claimed amount and avoid further legal fees and use of the courts time.

 

3. I appreciate that your settlement offer now includes specific reference to the default you added on 11/2/15. However, I would appreciate if this can be reworded to include all adverse credit markets added to my file in relation to this account. This is because Lowell have registered an additional default of their own and I would like to ensure its removal is included in any settlement.

 

4. Finally, I will only withdraw my claim once settlement funds have been transferred into my account and all adverse credit markers have been removed."

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Ok be aware they may buy back the debt and set off against it.

 

If they do this you will want to demand a letter of assignment b4 settlement.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I like your letter :-)

We could do with some help from you

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  • 2 weeks later...

Ooooo !!??

 

Sound like a settlement may have been reached, but it's subject to Confidentiality.

 

Maybe that is why you're having a good day.

 

:-)

We could do with some help from you

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  • 2 weeks later...
  • 2 weeks later...
:whoo:

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi Orge,

 

I'm guessing here but it looks very much to me like you've reached settlement with Barclays Litigation but your lips may be sealed due to confidentiality.

 

I further assume this resulted in the refund of penalty charges, compound interest in restitution and the removal of adverse CRA data for the account.

 

If I am wrong, please say so. Otherwise I have taken the liberty of changing your thread title to reflect your (probable) **WIN**.

 

Big Congrats (probably) :whoo: :whoo:

 

:-)

We could do with some help from you

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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I can't comment on the final outcome but I would like to thank you all for the support I've had along the way. Its been invaluable and I feel like I have learned a lot from this community.

 

I think it's amazing that this forum empowers people with no legal background to challenge the status quo and I will try to disseminate what I have learned both offline and online. I feel that this "grass roots" movement is important and may help to realise change in these institutions.

 

J

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  • 4 weeks later...
Woot! Just been approved for a new credit card - first in many years. :)

Happy days!

 

J

 

Dont do it :D credit cards are da evil

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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  • dx100uk changed the title to Orge vs BC **WON**
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