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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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halifax default credit agreements**WON**


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the bank on the phone said all negative info would be removed,closed account 2005 ,heard nothing since 2005

 

....and they have not done this.

You need to write to someone very high up at the bank (I do not know who would be good but will have a hunt).

I think that you need to exhaust all channels with the bank before you go down the court route.

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This is the trouble with financial companies, they will promise all sorts of things over the phone and then pretend that it didnt happen, even in your case of having a taped recording as proof!!!!

Everything needs to be in writing, both from you, and from them.

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i look out for your recomendations, thanks. this has been going on with the bank for four months which is unexceptable

 

AGREED!! It has been going on too long, and it is not acceptable. I would argue that it is longer than four months, you are going back to 2005!!!

Still looking for info re complaining for you

Red

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through a bank error in 2005 full payment was not credited to my account. after three monts bank admitted fault and said all negative info would be deleated. i then closed account. roll on june 2007. checking my credit file ref welcome a default was issued by hsbos 2005.

 

Which bank made the error in the first place, was it HBOS?

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Postggj, why dont you try sending a complaint letter/e-mail today to HBOS from the link that I have posted above?!

You can quote in your letter that you have them on file saying that they will remove default, and they have not.

It may save you going through court, and IMO worth a try.

Let me know how you get on

Red

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received a final response from halifax today. take it i am mad. they have refused to remove the default. there reasons are as follows.

THEY DO NOT HAVE TO SEND OUT A CCA ONLY A COPY.

THEY SAY REGULAR ACTIVITY ON THE ACCOUNT.

MY TAPED PHONE CALL THEY ARE SAYING NO REFERENCE TO AGREEING REMOVAL OF DEFAULT.

NO RECORD OF ME REQUESTING TRANSCRIPT OF CALL.

THEY ARE SAYING THAT BLAIR,OLIVER,SCOTT WILL NOT BE PURSUING THE DEBT., AS A GOOD WILL GESTURE.

I SHOULD THINK SO NO CCA.

NO RECORD OF DEFAULT NOTICE ON FILE, OR EVEN SENT, THEY DO NOT NEED ONE.

 

I NOW WANT TO HIT THEM WITH ALL LEGAL MEANS. CAN ANYBODY DO A TEMPLATE FOR N1

 

MANY THANKS

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can one of your legal guys draw out pertic of claim against hbos. they have no cca. no default notice or confirm one has been sent. they refute telephone calls made, even though recorded.

am i correct that no cca, debt unenforceble, defaulting is a form of enforcement.

this is ref aqua credit card. bank has offered £450 to refund charges. i never asked for this only default removal. this is on condition full and final settlement. bank now considers matter closed

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Ok so you have a final letter from the bank....but they seem to be saying that there is no default

"NO RECORD OF DEFAULT NOTICE ON FILE, OR EVEN SENT, THEY DO NOT NEED ONE."

So therefore could you not send a copy of that letter to the CRA and then they can correct any entries which are wrong.?

I am unable to guide you regarding the court side, I am sorry! And i can see why you are so cross. The bank will definitely not respond following a final letter, so now you need to plan your next step....

Hope that somone with a little more court exp, will be along to help you with that side!

Red

You can also try the financial ombudman services www.financial-ombudsman.org.uk as an alternative.

The bank is correct that they only need to send you a COPY of your CCA, not the original.

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