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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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NR/Wallers Claimform - £29k Pers Loan *DISCONTINUED*


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Hi Womble

Is this a personal Loan? and do you have a current account with NR as well?

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Hi Womble

First of all dont panic have you recieved a default note from NR? and where are your Court Papers from are they stamped Northampton ?

 

 

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Andy

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Hi

disregard tha advise above once legal proceedings has commenced everything changes as to what you request.Does your D/n contain penalty charges and if so renders it invalid hence enforcement is unlawful

 

 

Andy

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Hi

When a Default note is issued it must contain the true figure of arrears if there are any penalty charges included ie late payment this renders it invalid.So they cant proceed with legal action.

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Hi

not that simple unfortunatly you need to check if it contains penalty charges.The fig may vary because of interst charges etc but if you can pinpoint penalty charges in the statement then it renders the Default Notice invalid

 

Andy

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hi

No because time as moved on since they issued the D/N dont worry about the balance on the Court Papers for now.

By the way its 14 days on your Default notice.

On Monday send off the the letter as per Paul link ie CCA request and see if their is a valid signed agreement first inc £1.00 P.O and dont sign the letter in your usual signiture.Then you need to request info of your account by way of a C.P.R request which i will explain later.

And dont worry you wont loose your home

 

Regards

Andy

  • Haha 1

We could do with some help from you.

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womble

slow down dont admit to anything untill you have

A checked for penalty charges

B requested a CCA

Proceedings are under way now when do you have to submit your AOS by?

 

andy

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Check your Summons it states where you should send to it should say Claiments and underneath send documents to

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Is there no optiom for you to do this online Ie MCOL?

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no

I will go through this with you dont fill anthing in yet and by the way dont bother with the C.A.B you will get all the support you need here on CAG

They will have 12 days plus 2 to reply if not they are then in default and account is rendered in disspute

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Are you sure claiments are Wallers ? and not NR??????

 

 

 

 

andy

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Hi

No send CCa request to Wallers

as for the rest we will talk tomorrow and i will check it with you

now dont worry about it and get some sleep your kids dont need a tired mum tomorrow and dont worry this is easly sorted

Dont worry about Wallers

 

Regards

Andy

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apologies

Speak tomorrow

 

 

Andy

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allan

go to bed now GAG directive

 

 

 

andy

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hi

Allan you cant fill in your intended action until you can clarify if their are penalty charges.If there are then you Defend it.Quite simple realy post Curlys CPR letter and complete your AOS and Defend if there are penelty charges

 

 

Andy

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paul

considering you are a third year law student when a summons is issued you have to acknowledge service.When you acknowledge service you have to declare your intentions ie defend admit part etc so my post as to if there are penalty charges is fundermental to Allans reply

 

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Andy

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Hi Alan

You have £60.00 penalty charges on your statement which therefor renders your default note invalid as I explained way back in this Post.

Tomterm its not £296.00 penalty its a bounced D/D negative transaction with a £30.00 Charge.

 

 

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Andy

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You just have to wait now and see if your agreement turns up and we can pull that to pieces and in the event it dosent you will base your defence on the invalid Default note Hope that makes sense

 

 

Regards

Andy

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No they cant have another stab at it Lol

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I stand corrected Typing too fast Lol

Thanks again Curly where would I be without you

 

 

Andy

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Alan

I told you last w/e to Defend all of it. later in your post it was refered that I was giving misadvice by a member of cag and therefore refained from your post.

I knew there would be penalty charges there always are and I bet you there will be problems with your CCA.Add the fact that they wont comply with your C.P.R request then your defence will reflect all these anomolies

So stop panicking you are in good hands with the team on CAG.

Hope this averts the crises for now.

 

 

Regards

Andy

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Alan

yes i have read Wallis letter file it and wont tell you where guess ok

 

 

Andy

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Hi Tomterm

Quite true but who is going to tell them its invalid until defences are accepted and by that time we will be dealing with a invalid CCA no doubt.

Like I always maintain the defence must refute the P.O.C not forewarn them of what we know and give time for them to regroup you being an expert on defences will no doubt agree with this.

 

 

Regards

Andy

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Thanks Paul

I note your comments

 

 

 

Regards

Andy

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