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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
      • 160 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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Zoot v Halifax Mortgages ***SETTLED IN FULL*** *


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hi sorry if im hyjacking this thread. :( but just about to tackle a and l for charges on our old mortgage. the unpaid dds are easy to spot but however; can i claim these back?

 

insurance admin fee 25.00

deeds production fee 75.00

sealing fee 75.00

insurance admin fee 25.00

switchover fee 50.00

 

thanks very much for your help :)

 

i know you are not hyjacking but was just asking questions about my post even though im hyjacking too :-| need to know so that i can proceed lol lol ;) thanks

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Zoot,

i was looking at N150 et al completion on another thread and asked whether a form of words for ERCs had been promulgated. I was advised to re-check this thread (which I've probably read 3 or 4 times over the past 6 months!). Have now done so but see no recent entries refering to N150 (ERC version). Can you assist or point me in the right direction please - we're after almost £11k from Nationwide and don't want to make any stupid c**k up.

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hello please help, had a reply from the courts saying; opon the courts own motion.the court has made this order of its own initiative without a hearing. if you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of reciving it.

IT IS ORDERD THAT

the parties are to file draft directions, agreed if possible, by the 5th of feb 2007 for the courts further consideration.

 

i dont actually understand a word of it! do i need to send them anything? i am very worried now i thought halifax would have backed down by now.

 

any ideas zoot?

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Its easy. Rather than have a directions hearing, they want you to submit draft ordersof direction.

Have a look in bankfodders 'New approach to Allocation Questionnaire'. There's a draft Order in there...

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

In the XXXXXX County Court

Claim number XXXXXX

 

Between

 

XXXXXXXX - Claimant

 

and

 

XXXXX - Defendant

 

Draft Order for Directions

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

  • a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

  • b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

  • c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

  • d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

  • a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

  • b) Whether such charge is accepted to be a penalty, and if not why not;

  • c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

  • d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

  • e) Any witness statements.

  • f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

There you go :)

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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i not sure what happens after this do i need to provide any mortgage agreements from the bank because i dont think i have any, i am right in thinking this letter is basically giving them 14 days to pay up or go to court? (sorry to sound stupid, just want to make sure!). what i do have is the last statement the one that was sent to my solicitor with the erc on it. thanks

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Run it by a MOD or Zoot first. A mortgage is slightly different to a bank acct.

Basically, are you claiming Early Redemption Charges or what?

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Yeh I suggest you run it by a mod.

Im gonna more than likely be in a simialr situation myself shortly...

 

The Draft Order is OK - Ive used it on my AQ for bank charges.

 

But the ERC is only one piece of paper isnt it!?!? No statements. Just a few sheets/covering letters to/from them.

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Darn it fullyskinted you beat me to it :)

 

Gina that draft order is for the judges consideration of which way to go next. Basically it sets out what you will supply within 14 days of the order being made, the defendant then has 14 to respond in full to it.

 

It's an excellent order and I am about to submit it to the court in my ERC claim. if you look at it, section 2© goes beyond standard disclosure , plus they also have to provide evidence of previous cases.

 

Go for it :) I'm sure you have or can get a copy of the redemption certificate proving the charge was made.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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thanks both of you, your right they are not getting away with it that easily!!!;) thanks. will keep you updated

 

Just a tip lol.

 

Get your stuff ready according to that draft order. I think you will find the Judge making it a full order so be ready :D

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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ive never taken a claim this far before so dont know what to expect, could anyone expain it to me so i know exactly what i am doing!!? i am a bit worried as i have just read another thread (forgotten the name) where somebody went to court for erc and lost, sorry i just feel as if im in over my head!!:confused: :confused:

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  • 4 months later...

Hi Guys....

 

I really appreciate your work on this forum, and special thanks to Zoot. By the way, does anyone know what happened to Ginamaunders case, or is there a separate thread for it?

 

Regards,

abbas

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  • 1 year later...

Be VERY VERY careful drewage. I embarked on this course just at the time Zoot had given advice following an abortive attempt by someone else. I even got as far as persuading a Judge to issue a motion calling for each side to 'show'. However it became apparent - even to me- that I might be embarking on a very expensive course of action for my friends (we were after £11k) and in all conscience I couldn't proceed. Having accepted Zoot's advice we chose to offer a draw to the opposition - which they accepted! I still believe we did the right thing although it would have been interesting to see whether 'they' would have complied with the Court's direction!

Sorry not to be more positive (and this is a situation I am likely to find myself in in a couple of years time) but I really would not wish to see you 'burned'. There is an extensive selection of case history to peruse on this site and I would urge you to 'roll up the sleeves' and get stuck in.

Ken

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  • 1 year later...

Hello Zoot

 

Some cracking work on this thread.:cool: Just before my time joining CAG I think.

 

Are you still around ma'am?

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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