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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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Statements from GE??????


Yasmin
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Hell, they must be the most difficult of all to deal with , so exasperating. D P letter sent 12th April , after already giving them another chance as they credited the £10- fee to my account. Seems their normal practice LOL I know they have 40 days Has anyone finally received their statements???

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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BIG WHOOP *** Statements arrived this morning ......called them yesterday must have had the authorative voice on LOL Worked anyway.. Now just gotta work out what they owe me. The account cover premium fees seem a bit high, gotta look into that. Will send prelim. letter a.s.a.p..

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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yasmin would you be so kind to tell me the address you sent ge capital dpa to please?

Data Protection Act to NatWest 22-07-06

Data Protection Act GE to GE 16-08-06

Mums Data Protection Act to Barclays 22-07-06

MUMS PRELIM CHARGES REQUEST AND SCHEDULE SENT 30-8-06

James prelim and sched sent30-8-06

James Lba sent 5-9-06

COBBETS DEFEND JAMES CLAIM deemed served 7-10 28 DAYS FROM THE 7TH TO DEFEND.

mums rejection of settlement offer sent back on 29-9-06 original lba sent 20-9-06 have until 4 oct to make full offer-not received Moneyclaim can go ahead.

Prelim to GE 10-10-06

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Hi Taff999 Here is the address I used hope it helps

 

 

G E money

Data Protection Officer

Trent House Leeds LS99 2BD

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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mine arrived in 4 days

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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LOL U must have the magic touch....

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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  • 1 month later...

Claiming £287.31 GE Money. Must register it in litigation section!!! Received a response today stating that they need to carry out a full investigation.. They currently have until 19th July to file their defence and are requesting a 28 day extension to enable them to carry out this investigation!!!!They are requesting my agreement to this stating that if I am unable to agree, they will apply to the court, which given the circumstan ces, is h ighly like ly to be granted.

 

They have also included the following:-

 

 

REQUEST FOR FURTHER AND BETTER PARTICULARS OF CLAIM

 

I refer to the proceedings and am making this request for further information under part 18 of the civil procedure rules. Your response must be in writing dated signed and contain a statement of truth.

 

You are requested to provide the following information by Friday 7th July 2006.

 

1. Please provide the credit agreement no. to which your claim relates

 

2.

Please provide details of the date incurred and the amount of each fee which is subject to this claim.

 

3. Interest levied on the charges that are subject of the claim.

 

4.

Details of date paid and amount paid of each fee claimed.

 

5. date paid and amount of each interest amount claimed.

 

6. details of how the interest claimed pursuant to s69 county courts Act 1984 has been calculated.

 

7. Evidence of the current amount outstanding under this credit agreement.....

 

 

So if I provide them with all of this information, including the amount outstanding on the credit agreement......i'm wondering how their investigations are going to take another 28 days ???????

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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Did you get any response at all from your Prelim & LBA Letters?

 

I've heard nothing so far...

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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No I heard nothing from them until I filed the claim, which they acknowledged , then as you can see in my previous letter have requested another 28 days or they will apply to the court. This is outrageous, for such a huge company to make the requests they have, and are obviously playing for time!

With guidance, LOL, I have sent the below letter to the District Judge...

 

I have received a letter from the defendant in the above case stating that they are acknowledging my claim and that they will be filing a defence.

 

The defendants have requested an extension of a further 28 days in which to file a defence.

 

They are asking for this extension because they have asked me for further and better particulars under CPR part 18 and they refer specifically to a breakdown of the money that I am claiming from them.

 

I wish to object to the defendants request for an extension.

 

1. I have attempted dialogue over a number of weeks with the defendant despite the fact that I have written repeatedly and outlined the details of my claim the defendants have failed to make any response at all and it is only now that I have been driven to start a court claim that they have decided to communicate with me.

2. The defendant is asking for further and better particulars under rule 18. However rule 18. Does not apply to the small claims track and I believe that the defendants are merely attempting to be dilatory.

3. The defendants have received a breakdown of the charges they have made on my account on several occasions and I am sending them another one immediately merely as a matter of courtesy. I am sending a copy to the court with this letter.

4. The defendants are providers of credit card services and it is inconceivable that they do not have all the information already including account numbers copy agreements and other details.

5. The defendants are a large organisation with substantial resources that employ legal representatives who are thoroughly experienced and competent. I am merely acting on my own. There seems to me to be no need for such a large organisation to need extra time to prepare a defence relating to a very low value claim on a simple matter of disproportionate penalty charges

 

 

I am afraid that I am only able to conclude that the defendants are employing a tactic which is calculated to delay.

 

I respectfully request that the Court insist upon normal time limits for this litigation.

 

 

I have also sent GE a reply, yet another schedule of my charges, and a copy of the letter I have sent to the court!!

 

Good luck with your claim.

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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  • 3 weeks later...

Have not heard anything further from G.E. Just called the Court, seems they have not filed a defence or requested an extension of time! Time seems to be up, so I am requesting a Judgment...........

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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Hi Welcome

 

GE Money

Financial Solutions Unit

PO Box 700

Leeds LS99 280

 

This was my initial contact address. Hope all goes well with yours.....

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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Have requested judgement as times up. However Court have now informed me that it still could be returned, as they have backlog & data doesn't always get entered quickly...so they have a 7 day overlap!!!!! So it could be that GE have entered defence and I just don't know it. Fingers crossed.

However received letter from them this morning making a lower offer, goodwill gesture etc. Also asked me to sign Tomlin Order, don't think so! Not sure if I should reply, in view of the fact that have requested judgement. If they have put in defence and it just hasn't been entered yet, then I suppose I should be seen to be doing all the right things in trying to settle this amicably. So, should I reply accepting their offer as part settlement but make it clear that I will still persue the remainder...obviously not signing anything (Tomlin Order) or Should I ignore it????

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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Hi , if anyone knowledgable is around any ideas about the above, should I reply or ignore it??

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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Went to the court today , now they have filed a defence, 1 day late. Apparantly technically they can apply to have it set aside, which would only drag out matters!

I am now going to wait until I receive their defence before replying to their recent letter. Hope I don't have same with Woolwich, have entered judgement today!!!

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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Hi Yasmin,

you're doing better than me with this bunch. So far they have ignored my Data Protection Act request, and ignored the reminder i sent after 30 days. The forty days is now up, so i sill write again threatening action for non-compliance and also will report them to the Information comissioner.

i'll watch with interest how yours progresses.:)

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  • 2 weeks later...

They have now sent copy of defence and are of course denying charges....I have sent them a schedule of these and even an explanation, as I am requesting some pymt protection fees back which I cancelled!!! as well as the penalty charges. Have to complete the allocation questionairre by 18th August. Fine....

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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expect a letter in the next couple of days ;)

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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Yasmin....

 

I am waiting with bated breath on the outcome of this....you seem to be doing really well by taking on this financial giant! Well done you!

 

I have sent the data letter to GE yesterday....so fingers crossed!

 

Keep it up!;)

 

the boke beast!

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Hi bokebeast, Tnx for your support...You will need to keep EVERYTHING crossed with G E!! Just make sure they don't creditthe fee to your account and ignore the request. Maybe these were early delay tactics..........??? Keep us posted

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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Hi yasmin

 

Just sent my prelim letter to ikea for £1200 9bet i,ll be popular

 

Anyway just to say im watching your case and good luck with everything

 

 

Delly x

Halifax cc Won settled in full after moneyclaim.

 

 

MBNA WON SETTLED IN FULL....

 

 

IKEA Data Protection Act sent 12/7/06 prelim sent 11/08/2006 gone to moneyclaim Ikea said they,d pay up but have yet to see the money

 

 

Halifax current Won!!!!!!!!!!!!

 

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Hi Delly, Best of luck with Ikea! and really tnx for your support. Will keep you informed of any progress....

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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  • 2 weeks later...

Received letter from GE last week, making me conditional offer. This did not include an amount I had calculated re card protector ins. which I cancelled with them in the early stages. Found the original cancellation letter and have sent them a copy. I am now waiting to hear but took in my completed A Q yesterday, as it was the deadline!

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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Do you have a tel no for them?

Capital One : £200.00 - Prelim sent then £68.00 put into a/c. N1 issued 08/08/06 for £132.00 + £19.54 @8% - Total Refund received

 

Monument: £532.00 + £96.11@8%. N1 issued 08/08/06. Defending claim.

 

Nationwide: Claiming £4835.87

£4593.53 paid back 18/08/06 Emailed Charles Bacon 21/08/06 to get the difference of 242.34 paid back.

 

NatWest: Prelim sent 22/08/06 for £1018.00. N1 issued 08/09/06. Filed judgement and received cheque for 1366.97 (inc interest) 28/09/06

 

Topshop: Total refund received £102.00 after 1st Letter

 

 

:p:lol: :lol: :p

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