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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
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Stay Lifted At Eastbourne County Court


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Thanks freakyleaky - and all of you. I have just (10) minutes ago been in front of Deputy District Judge Parkes, she listenend to my pleadings which were taken from this site - Thanks for that - about a stay contradicting my human rights and was about to allow the stay to remain....HSBC sent a Barrister (£500.00 an hour???!!!), BUT this lady barrister was not instructed by DG, she was instructed by another firm of Solicitors!! This barrister tried to argue that mine was the only case which was asking for a stay to be lifted and that in every other case a stay was being kept. I said this was not the case, and quoted details from this site. I then told the Judge EXACTLYwhat had happened since the beginning of this claim - took 7 visits and over six months to get my statements - no response from HSBC to LBA, sent 4 letters to DG over 2 months - no response to those, not even acknowledgement! Told how I filed my Trial Bundle on 3/7/07 and DG had until 30/7/07, but had not filed. Also said nothing heard from DG at all as at today's date. Barrister embarrassed and said 'would seek instructions' offered to speak to her clients for me - I declined. Barrister said "DG did not file bundle because of the OFT ruling", I replied " That ruling went public on 27/08/07, which was a Friday, the last date for DG to file was that day because their time limit expired on 30/8/2007 the following Monday, therefore it was clear they were abusing the system and had no intention of defending", Judge was not pleased and proceeded to tell Barrister to speak to her clients in this regard. I also added that I am being taken to Court for repossession of my property by GE Money on 13th September 2007, following a long and acrimonious divorce, I receive Incapacity benefit, Industrial injuries benefit and am registered disabled. I told the Judge if HSBC had paid when I first requested them to do so, I would have been up to date on my mortgage. I showed the Judge written proof of all of this. Judge then said " I am going to the lift the stay in view of the hardship that has been caused by the defendants lack of action.I am setting the matter down for Final Hearing on 6th September 2007 time estimate one and a half hours". I thanked the Judge...Barrister not happy bunny.!....then left for some fresh air.

There is Justice after all - let's not be beaten by these bullies. It is our right to fair and proper treatment from everyone, provided we return that to those we encounter.

SINCERE THANKS TO ALL ON THIS SITE - GREETINGS TO THOSE WHO WERE THERE - AND REMEMBER 'IT'S OUR MONEY WE'RE AFTER!!

KIND REGARDS TO EVERYONE.:-)

 

Watch this space..........:cool:

  • Haha 1

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Well done for standing your ground and putting up a fair and organised fight in front of a badly organised defense.

Takes guts and you executed it to your advantage and lifted the stay.

Well done and good luck.

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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Fantastic - well done - at least there is some hope for people with genuine hardship cases - Good for you for fighting your corner so well.:D

 

 

Best of luck for the final hearing

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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:) Excellant news, keep us informed.

 

I genuinely hope all goes well for you with GE Money, have you got a thread on this site on a forum for repossesion?

 

Kindest regards

 

Dee

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Thanks Mister Twister, Night Owl, Jansus, Micky the Hippo, Cillit Banger and of course Dee

 

Thank you from the bottom of my heart for your kind thoughts.

 

I once heard that wonderful Chinese philosophy 'The journey of a thousand miles starts with the first step.' - Well at least I've only got 999 miles to go!!

 

I don't have a thread on this site for repossession - but I may well be able to get the action stopped......watch this space!!

 

Best wishes

Howard....(Dougal16T)

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Hi Howard

 

Thanks for your support on other thread!

I cannot claim poverty, I am reasonably paid but in the mire from years gone by and debt when unemployed for 2 years, banks never let you catch up! Kids have not had holiday for 6 years etc but dont think that would sway an soft hearted judges!

I assume from the reading of my General Frm of Judgement or Order that the Judge has imposed the stay and this has not come from th bank! Reading ther threads does this mean I only need to send a letter stating why I think the stay should be lifted and I dont need to send form N144 or whatever it is!

 

How have you found the process? Is it daunting/upsetting/excillerating????

 

PS - Good luck with sorting your house out!

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I have written to my bank (halifax) asking for my money back - got the reply stating the oft waiver on information etc. Should I proceed and issue a court claim. My local court is referring all claims to the District Judge at the moment, most likely to issue a stay pending the outcome of the oft hearing?

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Hi Howard

 

Thanks for your support on other thread!

I cannot claim poverty, I am reasonably paid but in the mire from years gone by and debt when unemployed for 2 years, banks never let you catch up! Kids have not had holiday for 6 years etc but dont think that would sway an soft hearted judges!

I assume from the reading of my General Frm of Judgement or Order that the Judge has imposed the stay and this has not come from th bank! Reading there threads does this mean I only need to send a letter stating why I think the stay should be lifted and I dont need to send form N144 or whatever it is!

 

How have you found the process? Is it daunting/upsetting/excillerating????

 

Hi Divermoose, and all of my fellow footsoldiers (!),

 

Please re-read my posts - the part about the date the case was set for trial is very important as well as pleading poverty!!

 

Any questions, please feel free to PM me.

 

Best wishes everyone, I could not have got this far without you.

  • Haha 1

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Well done Dougal, very expertly handle.... coudl you possilby post the claim refernece number.............

 

it would eb very useful in my stay hearing as DG should ahve submitted and served on the court and me by the 24th july 3 days before the oft announcement.........

 

again well done and good luck with the other thing:)

rockin all over the world

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  • 2 weeks later...

As requested:

Eastbourne County Court Claim against HSBC ref numbers (2 claims) are : 7QZ62507 (over £4,000) and 7QT11609 (over £200.00), both being tried on 24th Sept 07 at 2.30 p.m.

Best wishes all....:)

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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  • 3 weeks later...

And the same from me - will be thinking of you

 

dont forget to smile for the cameras!:D

 

 

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Wishing you all the very best for 24th. 2 claims in one day!! Keep your cool.

Fingers are crossed for you.

 

Don't forget to shine those shoes to reflect the face of the defendent as they hit the floor!!!!

Good luck

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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HELLO EVERYONE.....URGENT NEWSFLASH....DG ASKED FOR PERMISSION TO APPEAL HAVING THE STAY LIFTED...APPLICATION FILED THURSDAY 19/9/2007!!! AND GUESS WHAT AS A RESULT TRIAL DATE FOR 24TH (MONDAY) VACATED!!!!..:mad: .BBC STILL WAITING FOR THE TRIAL SO IT WILL BE ON TV AFTER ALL!!!...AND THEN YESTERDAY (FRIDAY) - GUESS WHAT?? HAD AN OFFER FROM HSBC..!!! :) ..SADLY NOT ENOUGH, :( BUT I PHONED THEM AND SPOKE TO A FELLOW CALLED JOHN PRETTY (Don't even think about it.....!)...he was not aware of all of the details, so I told him....!!He was going to speak to DG and ...call me back.....maybe Monday??? Watch this space.....:cool:

 

Best wishes to everyone on this site and keep going it's your money you are after!!!

 

Kind regards

Dougal....aka Howard

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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gosh the twists and turns:o

 

watching with interest - :)

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hope you are going along to have your pictures taken.

 

Untill you have cleared funds the case is not settled. Once it is settled and done and dusted you can go for a wasted costs order.

 

DS

 

 

Any news yet?

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hello jan and everyone.....

 

No news yet - still waiting to hear back from HSBC (Alan Pretty).....:? BBC ready for action.....:cool:

I'll be shouting from the rooftops...no matter what the result is!!!!

Regards

 

Dougal (aka Howard)

Best wishes everyone...keep the faith, the right will prevail! :)

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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GREAT

I WILL LISTEN OUT FOR YOU

jan:D

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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