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    • please complete this: and post up the defence you filed too    not sure where you got that from... is this the same issue? Logging on to MCOL - is the site down? - Financial Legal Issues - Consumer Action Group  
    • thanks for bothering to update us after all the free help.... dx  
    • Hi all,  I really need to start my own thread on this Claim with Overdales/Lowell for a Cap One debt. but have already got to this stage .. My initial question for the moment - until replies come in - is that I figure my main stance is that a purchased debt cannot be claimed, debts can only be claimed by the original issuer of the debt .. but mediation is about coming to an agreement. would I be acting in bad faith if I enter into mediation yet not seeking to come to a financial agreement? Also, I need to reject the scheduled time slot and ask for another as I'm not going to be free during those hours. The wording of the email gives the impression that I am given this one slot and if I reject it, then I am rejecting mediation - there is no mention of rescheduling, only of freeing up the slot for others .. although, I would have thought it would say so, if there were no possibility to reschedule.. Can I ask for another date without issue? I am happy to post up my defence and start a proper thread? I had a lot on at the time and had to do things right away due to the time limits, so didn't feel I had time to come here and go back and forth for info, put my defence together from reading through relevant threads, late at night. CCA request appears to have been fulfilled (I'm still to check the accuracy of the documents). The other thing, asking solicitors about the particulars of the claim, hasn't .. although I forgot to ask for proof of postage and didn't send recorded post either (whereas the CCA I did), so not sure if I can pursue that easily ..?  
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • 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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Ribenaman and Comet

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Hi, I have a laptop bought from comet 2 and a half years ago with a three year extended warranty. The laptop completely broke down with numerous faults and I gave it to them for repair on the 15th of August. I was told 28 days at the time for the repair. 28 days later, I called up to ask what was happening with my laptop. I discovered that the laptop had only been sent off for repair on the 3rd of September but that all the parts were ordered and it should be back some time around the 26th of September.

I called up on the 28th to find out what was happening and was told that the laptop wasn't ready yet but ought to be by the end of the week. I called back then and was told they had no idea what was going on with the laptop. A day later I received a call that the laptop would definitely be ready by the 12th. I called up on the 12th of October and was told that, no, it wasn't ready, and that they'd just ordered a part yesterday for the laptop. I have now waited over 60 days (1/6th of a year) for my laptop, during which time my work has suffered.

I started to get pretty irate during the last call and mentioned the 28 days quote for the repair, but was told that the 28 days turn around time is only for repairs under the manufacturer's warranty (i.e. the first year) and that repairs through the insurers could take any amount of time. Is this true? Is there anything I can do?



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not really, any service provided should be reasonable if not determined at the outset. What is reasonable is a matter of fact (for a court to decide).


I think you have a good case here for arguing damages in terms of loss of use (and inconvenience), but it will depend on what your contract states.


Take your contract and supporting evidence to Citizens Advice for them to look through (Dont bother with Consumer direct as they do not handle paperwork and NO-ONE can determine the outcome of a written contract without seeing it first).

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  • 2 weeks later...

yep gyzmo is right only a court can decide. arguing with store staff is asking a department that cant legally decide.


one thing to note from your post, you mentioned the 28 days a time for a repair, you also stated you had many issues and faults.

hmm lets do some mathes.. 2 repairs =56 day, 3 repairs=84 days.


so exactly how many problems were you having. if more then 2 then from your own comments you still have a bit of time to wait.


id suggest looking into the terms and conditions of sales, or repairs or even the terms of the extended warrenty for anything that says if the item not repaired within XX days it will be replaced/refunded.


contact the company complaints department with this ammo and you should get quick results. store staff wont budge unless untrained to deal with customers and strain under the stress of the argument and cave in. be careful about arguing as you could simply get banned.

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