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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
      • 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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martin3030 v RBS Gold Acc Default/Data protection issues **LIFTING OF STAY REFUSED**.


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sent for dps 25th may

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 1 year later...

Not sure what has happened to the history here so I will try and give a brief outline of my claim.

 

I have had other claims with RBS with a current account which have been settled.This claim relates to my Gold deposit account from 1999 to 2001 which was defaulted and closed in 2001.RBS entered adverse info with Equifax and Experian.The defaulted amount was for £820 which comprised 100% of unlawful penalty charges.

Following a number of requests to RBS recovery they refused to remove the default or info.

Numerous debt collection agencies started to chase the alleged debt including Capquest.I sent a CCA request to Capquest who did provide the info they were required to.They continued to press for payment even after I filed a claim in my County Court.

The particulars of claim asked the Court to consider ordering the defendant to remove adverse information and also consider making an award for compensation for financial defamation distress and inconvenience.

Shortly after lodging my claim in June 2006 My claim was returned stating that I should send the defendants a Section 10 notice under the data protection act.

I did this and RBS replied refusing to conform to my notice.

I then resubmitted my claim.

RBS were late in filing submissions ordered by the court including their allocation questionaire.

Bundles were exchanged and then I was sent a letter stating that the Court had stayed the case on ots own initiative in light of OFT litigation with other banks.

I Then sent a second witness statement challenging the stay.

My reasons were that the OFT waiver agreed by the banks with them should take into account cases of hardship.My aguement concerned my credit rating due to the adverse information from the defendants prevented me from obtaining credit and in addition the litigation concerned current accounts and NOT deposit/savings accounts.

I submitted copies of over 30 letters from Debt collection agencies along with other documents in support of my application to have the stay lifted.

The application was to be heard on Monday 10th March at 10.40am.

Here is what happened.

 

I arrived in good time and RBS solicitor arrived just after.She did not ask the clerk if I was here so I knew that she would not want to discuss the case.

We was called into Court.The Judge confirmed the details of the claim and asked me why I was asking for the stay to be lifted.I pointed out that my case was about Data protection issues and not reclaim of charges.

I stated the OFT position for hardship cases and also that my account was not a current one.

He then turned to ask the RBS solicitor to speak..she was a young woman.She went on to say that there would be no financial benefit to me even if the claim was allowed to proceed she insisted that it could still take time to conclude even outside the test case results.

The Judge quipped "Ah yes but what of the appeals ???"

She rambled on some more.

The Judge then asked if I had anything further.I stated that a removal of the stay would allow the case to proceed and that since I would be asking the court to award compensation and a wasted costs order against the defendants should I be awarded judgement,then I would certainly benefit.The Judge then began to summarise.He said he did not consider financial hardship as a good reason to lift the stay.He said anyone could cite hardship in one way or another.

On the question of the interpretation of litigation definitions of account types...he sais as far as he was concerned abank account was a bank account and that was that.He said he was aware that there were people making claims for storecards and credit cards and that he had his own opinions as to the validity of those claims but would not be voicing them.

He then told me he was refusing to lift the stay and that it would remain in place until the determination of the test case action.

 

Quite frankly I was pretty gobsmacked that he failed to take my application seriously...I felt that I had put a good arguement for it in my submissions.My witness statement was 4 pages long and clearly laid out.

The Judge admitted that many stays were being lifted and cases being allowed to proceed.To me it looks like the only way to get a stay lifted is by being lucky enough to appear before a Judge that will be prepared to do it and has been doing it/has done it already with other cases before him /her.

 

I have another case with Barclays Business which is on stay but Barclays have agreed to a lifting of.The application for that is next Month.

I pointed this out to the Judge as an example of accounts that are not included in OFT litigation but he was having none of it........

So stalemate on this one but the next one looks promising.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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