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    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
    • At a key lecture in the City of London, the shadow chancellor will also vow to reform the Treasury.View the full article
    • Despite controversy China's Temu is becoming a global online shopping force.View the full article
    • The retailer has come under fire for an advert showing motorcyclists wearing trainers and doing wheelies.View the full article
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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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Personally I think you're on a hiding to nothing as from your posts you knowingly failed to disclose a material fact which has a proportionate effect on the deal agreed/contract. Theoretically they could come after you come after you on an attempt to defraud. The fact it was only at the last minute they uncovered this as it could be argued this was part of due diligence. Prior to this I would deem it to be an invitation to treat. I think you might be on a bit of a sticky wicket here so would suggest it might be best to let sleeping dogs lie??

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sorry but this is mainly completely wrong.

 

 

Funny that as your subsequent statement on this post seems to support the fact. Further as you know until money exchanges hands the contract is open and the OP has openly and publicly admitted he knowingly did not inform the trader of a major material fact that would affect the contract price. I think if this went to court the trader would have a good chance of winning. As I point out the trader did indeed carry out due diligence prior to contract conclusion where the issue became apparent. However under these circumstances the trader should return the deposit and the OP should bare this in mind when trading in the car. At the end of the day is the OP prepared to go the distance with the challenge? It will cost more than the deposit lost, carries huge risk and could potentially cost the OP more than the deposit. I'd personally advise the OP walks away and put's it down to lessons learnt

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funny that as your subsequent statement on this post seems to support the fact. Further as you know until money exchanges hands the contract is open and the op has openly and publicly admitted he knowingly did not inform the trader of a major material fact that would affect the contract price. I think if this went to court the trader would have a good chance of winning. As i point out the trader did indeed carry out due diligence prior to contract conclusion where the issue became apparent. However under these circumstances the trader should return the deposit and the op should bare this in mind when trading in the car. At the end of the day is the op prepared to go the distance with the challenge? It will cost more than the deposit lost, carries huge risk and could potentially cost the op more than the deposit. I'd personally advise the op walks away and put's it down to lessons learnt

 

this ^^^^^

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At last, people are beginning to see the point. Yes I believe you should be entitled to the deposit back which I have previously stated but what were the terms and conditions of the trade in. The OP has admitted he omitted the fact it was a Cat D write off which has a material fact on the contract. I think this is another case where the issue is being egged on which will lead to tears.

 

 

For the £500 involved I'd be walking away and putting down to experience at the moment. It just isn't worth the risk! Morally I think the dealer should reimburse as I have previously stated but then again, morally you should have disclosed the status of the car at the time. At the time of contract you knowingly did not disclose a material fact and there is no escaping that irrespective of what bankfodder says.

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And the dealers response could be:

 

 

Yes we admit that happened but subsequent due diligence checks prior to execution of the contract showed up material facts which had been deliberately withheld. We contend that this was done with intent to defraud.

 

 

How do you intend to get out of that?

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And the dealers response could be:

 

 

Yes we admit that happened but subsequent due diligence checks prior to execution of the contract showed up material facts which had been deliberately withheld. We contend that this was done with intent to defraud.

 

 

How do you intend to get out of that?

 

 

Hi Helios

 

the OP should have declared that his car was a Cat D....without question.

 

the dealer eventually did the right thing by hpi checking it and backed off (i would have backed off too)

 

the dealer ought to have held the original deal open but taken the px element out of it.

 

But they cannot 'fine' the OP for trying to defraud them. Only a court can fine you for doing something wrong.

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Where have Helios' an my posts gone?

 

FWIW I AGREE that the op should get his money back - ridiculous, they can't just keep his money.

 

And I'm not suggesting any fraud either - but the OP SHOULD have declared his Cat D at the time.

 

These motoring boards are getting quieter, which is unsurprising if you're going to censor them to show only your POV.

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Totally agree Oddjob, Bank fodder owns this site and controls it and if he or any or any other members of his site team disagree with opinion voiced then it tends to be moved or deleted. But then hey ho, who are we , or what position are we in to question a dictatorship? It would be nice to know how much he earns out of it too!

 

 

Both you and I have pointed out we agree the OP is entitled to the deposit back (something he seems to have missed) but what we are both pointing out is that a failure to disclose a material known fact on a pre executed contract allows parties to withdraw from that contract and at point of execution!

 

 

To be honest, the reason this site is getting quieter is:

1. Because of the above

2. The lack of credibility in some of the responses. Especially from the site team.

3. The lack of detail in the original question asked.

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