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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
      • 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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Empire Strikes Back v Citi Cards


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I am due in court a week on Monday, I see that you are all sending PMs on this subject could someone pm me with any helpful tips, obviously dont want to say too much here as dont want to give Citi Cards any insight on what we are planning.

They have been right b*****ds over my case just ignore everything and carry on to Court, well I aint frightened of seeing you in Court Citi Cards!

Karen29 - I will pm you as it looks like you are in the same area as I am, might even see you in Court.

I have to go out until later today so will reply to any messages this evening.

Cheers Guys.

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They will need to either be in two places at once, or have a fast car to get between the two courts as we have the same court date, opposite sides of the County! Good luck, I'll be progressing your thread (I have PM'd you)

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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  • 1 month later...

Hi Empire,

any updates???

 

hondamad21

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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  • 3 months later...

Have had my court case with Citi this morning. Citis solicitor did offer me the difference between £12.00 and the amount they have charged, the Judge asked if I was willing to accept this, I told him that I would not accept the offer as I had not received a breakdown of Citis actual costs, the Judge then ordered Citi to disclose their costs to me within 14 days, they also have to send the missing papers which are my signed original agreement and copy of default notice which they have so far declined to send me, as they have said they are unable to locate my original agreement should be interesting to see what they come up with. Will keep you posted when I learn of their true costs!!

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Have had my court case with Citi this morning. Citis solicitor did offer me the difference between £12.00 and the amount they have charged, the Judge asked if I was willing to accept this, I told him that I would not accept the offer as I had not received a breakdown of Citis actual costs, the Judge then ordered Citi to disclose their costs to me within 14 days, they also have to send the missing papers which are my signed original agreement and copy of default notice which they have so far declined to send me, as they have said they are unable to locate my original agreement should be interesting to see what they come up with. Will keep you posted when I learn of their true costs!!

 

If they cant find your original agreemnt then why aren't you screwing them for the interst as well. It may be the case that they know that their application form does not comply with the CCA thats why they are not producing it. That said no agreement, no interst can be applied, no dissemination of data to the CRAs and most importantly no default!

 

Be strong they are most definatly wrong!

 

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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They'll most likely settle rather than produce their figures.

 

In the event that they provide a full breakdown of figures let us know.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 3 weeks later...

Have just been to the Court and collected the papers that Citi have filed. The Judge ordered that they serve a breakdown of default charges, copy of default notice and a copy of the original application form and credit agreement. Their papers consist of a list of the charges applied to my account and also a template copy of a default notice, nothing on this relates to me or my account, so how that proves they sent me one is beyond me! Also no copy of the application form or credit agreement. They had told me a few months ago that they could not locate these two items, so am not surprised they werent included. What do I do now, should I write to the judge pointing out the errors they have made or do I wait until the Court hearing in June to bring this to the Judges attention. Personally I think that writing to the Judge and bring his attention to the fact that Citi have not complied with his order and to suggest that they are in default of his order, dont want the Judge to feel I am telling him his job though as this guy wasnt the most friendly judge on earth! Advice on this matter greatly appreciated, can PM me if you wish

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  • 4 weeks later...

Got the defence from Citi...which included a reference to a cheque they had sent me in full and final settlement of the claim if charges are to be levied at £12. Was a bit puzzled as had no cheque.

 

Few days later cheque turns up with letter stating full and final settlement of claim, not sure how to procede? should I wait for the AQ?

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Got the defence from Citi...which included a reference to a cheque they had sent me in full and final settlement of the claim if charges are to be levied at £12. Was a bit puzzled as had no cheque.

 

Few days later cheque turns up with letter stating full and final settlement of claim, not sure how to procede? should I wait for the AQ?

 

If the cheque is for full and final settlement do not cash it as that will end your claim. Return it to citi with a letter declining their offer for full and final settlement.

Citi Cards - £800 - N1 Form logged at court

Defence entered

£279 refuned £521 outstanding on claim

Hearing 15th Nov 2006

Hearing 18th Jan 2007

Defence Stuck out - £549

March 07 Bailiffs called in to collect

20/4 Cheque for £549 - I WIN

 

Abbey - Setteled in full 9th Nov 2006 £3,300

 

Abbey - Data Protetion Act informtion

ICO complaint logged

 

Abbey - N1 Logged - 12/02/2007 £933

FOS Complaint logged 07/03/2007

£180 refunued -Good will Gesture 01/04/2007

Hearing 15th June 2007

 

Capital One Refunded £50

 

Egg - Data Protection Act request

Returned charges £80

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Template, yes return the cheque otherwise your claim is over - no doubt another underhand tactic they are trying to deploy on people who have started court action.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 1 month later...

Right I am now going to file a NI at the courts as Citi have ignored my CCA request which is now long overdue. I want the default removed as they have not been able to supply me with a true copy of the original notice, they just sent a copy of a template that had none of my details entered on it. I have tried Trading Standards but they are not playing ball, just keep fobbing me off. I have given Citi one more chance but they are just ignoring me. Any one got a template of poc for the removal of the default as they havent been able to prove it ever having been sent, I cant remember every having one. They have admitted that they cant find the original agreement but as the account has been paid off it is just the removal of this default i want from them.Many thanks in advance

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  • 2 weeks later...

Citi have stated in their 2 month late witness statement that they were not required to send me a default notice as "charging off an account is not one of the actions stipulated as requiring a s87 CCA default notice as it does not terminate the agreement. The defendant subsequently assigned the Agreement and the debt there under to a third party" Am a bit confused here, if they assigned the agreement to Hillesden surely that means that my agreement with Citi was terminated. I have a copy of deed of assignment from Hillesden in which is states that they bought the debt from Citi, not sure if assigning the debt means the same as sold. Just need to know if the agreement with Citi was in fact terminated at the point of sale. Their witnees statement is full of contradictions and wrong figures and they have not complied with the Judges order to give a breakdown of fees applied, surprise,surprise.

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You've got a nice little PM in your inbox.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Have been to Court today, the Judge has dismissed my case against Citi as when the account was assigned to Hillesden the charges were slightly less than the full amount owing. I settled the full amount with Hillesden shortly after they took over the debt, the Judge has ruled that although the charges were put onto my account by Citi I actually paid them to Hillesden when I settled the debt in full, so he said I was suing the wrong person and as such he was dismissing my case against Citi, but I was well within my rights to sue Hillesden. So back to square one but this time with Hillesden. The judge wasnt interested in the fact that Citi hadnt complied with his previous order to supply a breakdown of costs etc as he said that the last hearing I attended was just a block hearing and he hadnt read my case notes until just before todays hearing when he decided that I was suing the wrong party.

The solicitor for Citi today was a Mr Taylor, I think the famous ones were attending other hearings, hope they fared better than me!

Could a mod add "dismissed" to the end of my thread title. Thanks to Enron and Gizmo111 for your help, unfortunately I was not given a chance to use any of the stuff you guys sent.

Will start a thread on my progress with Hillesden in the Debt Collectors thread.

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Not sure if that's correct, know from Gizmo111's case the judge said that regardless for what Citi sold the debt on for - Citi were the originator of the unlawful charges and not a third party.

 

Might be worth having a word with Giz, and appealling the decision.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 3 weeks later...

Need a bit of help with my appeal against the Judges decision to dismiss the case against Citi as they had sold the debt on. Have spoken to Gizmo111 a couple of weeks ago but cant seem to get hold of her at the moment, dont know if she is away or something

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Need a bit of help with my appeal against the Judges decision to dismiss the case against Citi as they had sold the debt on. Have spoken to Gizmo111 a couple of weeks ago but cant seem to get hold of her at the moment, dont know if she is away or something

 

I'll be home after 9 tonight - my husband is in hospital.

Consumer Health Forums - where you can discuss any health or relationship matters.

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  • 2 weeks later...

Hi Bankfodder.

I have been trying to e-mail you since you pm'd me on Friday but cant seem to get anything to you through the e-mail addy you gave me. Sorry to put this in my thread but your inbox is full and couldnt think of any other way of getting hold of you, I need help on how to appeal against the judges decision to dismiss the case. Cheers ESB

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