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About Pidgeon142

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  1. This is an old thread! I did take BMW Financial Services to court, on the last day allowed they filed a defence (which was very poor) and at the same time made a part 36 offer to settle which was close enough to what I sued for so I accepted. I actually sold (PXd) the car though and sued for the difference between the value I achieved for the car with the faults and the likely cost of a fault free replacment car. I evidenced cost of a replacment by adverts from BMW dealerships for similar cars.
  2. As above really I visited the aforementioned dealer whilst browsing for a new car. When leaving a memeber of staff driving a customers car drove into me. When I got out the driver apologised and admitted his attention was taken looking to the right rather than his direction of travel. He went on to say that repairs would be taken care of. 1 Month later a claim is made on my insurance and he is blaming me for the coillison. I wrote to complain about the standard of driving of the employee and got no response so I followed it with a telephone call and recorded it. It makes interesting
  3. Update: BMW financial have attempted to stall proceedings on the basis of offering negotiations then just offering the same old rubbish (i.e trade car in) meaning I loose £5000. I left the car at the dealership with notices in it saying that the car was faulty and rejected and they towed it away??? (no signs up saying parking on their property could result in towing) must have been too embarrasing. What do I have to do to get a just result? BMW financial keep telling me they don't want litigation but are not willing to accept that the car is faulty (even though master tech has put in
  4. Thanks for the advice. I will leave the car with the dealer tomorrow then I will issue LBA if they do not accept rejection then. There is no exchange for another going to happen, the finance company did not offer this only suggested that the dealer might consider it and washed their hands of the matter. All this fighting to get a just outcome, Now they will have court costs as well.
  5. Sorry what I meant is the dealer can buy the car by settling the finance and paying me the equity back that I have in the car. Unsure of the route ideally woulld like them to take car back (as above) then will sue in small claims for damages. If allowing the dealer to settle the finance would prejudice my case I will simply leave car at dealer and lodge proceedings at my local court to rescind the contract. Only issue is the claim would be just shy of £10,000 doing it this way.
  6. Hi thanks, Of course I have written to the HP company complained to the dealer on numerous occasions. I have recieved the final response from the HP company which was unsatisfactory. Although my original complaint to the HP company asking for replacment or money back did not mention rejection they have written back rejecting my rejection. The Dealer has attempted to fix one of the issues on numerous occasions and as such I have given them every opportunity to sort out the problems the other issues have just been ignored. I am taking the car back to Sytner Oldbury on Monday
  7. I have had massive issues with my BMW and have recieved a final response from the finance company. As such I have decided to take legal action. Below are my work in progress POC if anybody can advise me if I am on the right lines please feel free. Thanks in advance. 1. On the the Claimant entered into a Hire Purchase Agreement with BMW Financial Services Ltd at the business premises of , relating to a vehicle bearing the registration , a BMW , the purchase price of which was £. 2. The Supply of Goods and Services (implied terms) Act 1973 (as amended) did imply terms int
  8. Forget my last I have figured it out now. Thanks for your help.
  9. Thanks nearly there now. As they have sent some information should I specifically state that they have sent some information and list the information that was not sent i.e statements or just that they have not complied and that I want full compliance with s7?
  10. Hi Barclaycard have failed to respond to my letter and a phone call regarding non-compliance with DPA. I did recieve a response persuant to s78 CCA with current terms and conditions but nothing else. I am currently filling out the N1 with the template but have some questions. Should I fill out one form per account or one for all? Should I state on the form the Information / Documents I require? Do I need to go to the court or can it be done online?
  11. I have drafted the non-compliance letter lets see what happens??? One question I do have though. It is my reading of the Act and regulations that in response to a CCA request a copy of the agreement in its original form (subject to ommisions allowed) as well as notices of variation or current terms must be provided. Is this correct or can the original agreement, with new terms inserted (current t&cs), be enough when any of the terms have been varied??
  12. Thanks for the info. I will sort through over the weekend.
  13. yes is signed (this account is shown as settled on my credit file). No I did not recieve all statements from either account.
  14. of course may have mislead you in calling it an application form. It is entitled confirmation form it may take a day or two to do.
  15. thanks I am sifting through your thread now.
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