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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
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    • 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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brecken v forthright finance


brecken
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Forthright finance were the thorn in our side between 2002 and 2004, we took car finance with them cos noone else would entertain us, anyway the charges soon started to mount up, we paid account off in 2004 and paid hefty fees, dpa sent.

Im gonna start getting confused with all these claims, but for the sake of £10 its worth keeping them on their toes.

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I'm chasing all my oldies.

 

Buy yourself a file (I have a display book one from Tesco, about 97p - clear plastic sheets inside) and file every bit of correspondance you either send or receive, including the recorded delivery slips. It makes life so much easier and you can easily keep track of everything that way.

 

Good luck :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Good idea, I feel in a sorty out mood today so I will nip to tesco and buy a file, and I might buy a bottle of something to celabrate me putting things in order.

Any excuse.

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You have a file? I've had to clear a shelf!

 

Aaaah, but I haven't had by DPA requests back yet - I suspect I shall need something a bit bigger too by the time I have finished!

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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  • 4 weeks later...

Hi there, looks like we are both in the same boat with these money grabbers.

 

I have withheld the last payment to forthright as they charged me a awful lot of money when I had a few problems during the last five years. I was lucky and got a complete statement of transactions before they knew what was going to hit them.

 

Sent them a letter asking for these charges back, recived a phone call saying that I had agreed to the Terms and Conditions etc. so they would not be paying them back. However, he did say that they would send me a breakdown of how they arrived at their costs, Never arrived.

 

Have just sent the LBA off so will see if they respond to that.

 

Good luck.

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  • 3 weeks later...

Send the non-compliance letter from the library and also the first letter asking for your estimated charges back. Make sure that you state that these charges are estimated due to their non-compliance, you can always amend the amount later on. Read the FAQs they are a great help in answering all your questions.

 

I am going to start the court procedings against them on Thursday so will keep in touch.

 

Luck.

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Yesterday I received a letter from HBOS regarding my vehicle finance acc,( asking for more details )I couldnt work this out coz I have never had finance for a car with the halifax bank of scotland, anyway I phoned forthright finance on the number I had been given to find out why they hadnt complied with the DPR, and low and behold I was put through to the guy who had signed my letter from HBOS, he confirmed that forthright finance use HBOS for there finance. he said he coundnt send details out earlier coz he didnt know who the finance had been issued through or the account number, which doesnt make any sence cos surley forthright finance must of passed on the DPR to them along with the account details.

any way he said he would deal with my request straight away, I wont hold my breath, but I suppose HBOS are pussy cats and this can only be good news for me, Halifax have already give me back 3k for another account so I know who Im dealing with.

Will keep you informed.

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  • 3 weeks later...

Just phoned again to see if any procress as been made regarding my dpa request, the guy I spoke to was the same guy I spoke to on 8th Aug, he said he was dealing with it this morning and making it a priority ( actualy the guy was very nice ) found myself thanking him for all his help, anyway he alnowledged the fact that they have not complied with dpa request and promised I should have my request by the end of next week.

I wont hold my breath, but I do have his direct number so I will keep on at him if nothing comes through next week.

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Still nothing, phoned again this morning, spoke to same guy again, he told me he had been reassured that the staements had been sent out, said he would look into it and phone me back, he did and said the lady dealing with it had gone on holiday ( Bully for her ), I have now told him if I dont receive them by Tues of next week a non compliance letter will be sent, I have also asked him to ammend my credit file, cos this account is showing still active even though it was settled over 2 years ago, he said it looks like the account hadnt been closed fully for some reason, do you think he is filling me full of bull ?

 

Brecken x

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I issued proceedings against Forthright which were never responded to and obtained a judgement by default.

I am fairly sure that your contract is with FORTHRIGHT not whoever they financed the deal with. so I would go on with proceedings against Forthright.

 

There is a LBA for non compliance with a DPA request in the library, if that fails issue proceedings seeking an order from the court to comply with the Data Protection act.

 

An alternative may be to start an action 0n an estimated amount well above what you are owed this may get their attention

 

Good luck

 

j

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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Thanks Crusty,

If I dont reveive my info By wed this week I will send the non complience letter, these people have had hundereds of us unlawfully, I think the reason they are taking their time is cos they know this and dont want to pay up, they are hoping I might go away I think, WRONG.

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I issued court proceedings against them over two weeks ago. They had untill 30th to respond. Have had no communication from the court YET but will be phoning tommorrow to see if they are fighting my claim, over £700 now. Will keep all posted.

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Flinty.

Why contact them, it is their responsibility to respond, if they fail to do so then you can apply to the court for judgement by default - no hasle

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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I filed incuding the 8% interest and there does not seem to be a problem, including 14p a day from the day I filed with the court.

The court will guide you but please read the Particulars of claim on this site. There is a part that MUST be included in the wording in this section.

 

I would also adviese you to record if Poss there phone calls. If you can they generally hang themselves there and then.

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WOW cheque arrived this morning --- Thats the first communication, and probably the last

 

Keep at it Brecken and Flinty You will win

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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A usefull contact; Paul Sherwood

Litigation controller

Legal Liason Unit

Phone No 01244 694890

This is the guy who signed the letter enclosing my cheque

 

Good luck they do obey the law in the end

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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