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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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Lloyds claim - **WON _ Amazing win based on UTCCR's**


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Aye, why I couldn't find them I don't know, although I think I found the wrong date....do you know of any more recent default cases?

 

I'm pulling together everything relevant I can find but if anyone knows of any other relevance case law please let me know...

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

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how are you getting on?

 

give andyorch a nudge to look in re your bundle requirements etc?

 

also, check out durkins thread/case which is now before the supreme court re defaults etc which may end up useful?

 

also, recent updated ICO principles re defaults etc may be helpful?

 

http://www.scoronline.co.uk/files/scor/high_level_prinicples_document_final.pdf

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Hello both,

Sorry I've been silent,

been really poorly but have printed off the most of the things I think I need.

 

Re the OFT unfairness stuff,

there don't appear to be any favourable cases re unfair relationship?

So it would seem that one is a bit of a red herring.

 

Do we know when Durkin judgement is due?

 

I also have an e-mail specifically outlining further to the ICO letter why the ICO hold that Lloyds unlawfully processed my data.

 

They backdated the default date obviously now.

 

I also have the correspondence between Lloyds and ICO.

 

Lloyds in their defence have almost threatened they'll use this in court which is fine,

 

I'll be using it as it isn't in their favour.......

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Hello everyone,

 

Ok here is my stab at my witness statement, I have tonight and all day tomorrow to get this finished (it isn't completely finished) but please tell me if there is anything glaring missing.

 

I also have a load of documents already printed and indexed about 450 pages

All correspondence all indexed and referenced

Statements

ICO Clarification email on when a default marker should be placed (account fell into difficulty June 2008).

ICO Outcome letter

ICO Complaint form and supporting evidence

ICO Letter to LLoyds TSB

Lloyds letter to ICO saying they've done nothing wrong

ICO letter to Lloyds saying its unlikely they've complied with DPA.

Lending Code

BCOBS

Consumer Credit Default Regulations 1983

Woodchester v Swayne Judgment

OFT v Abbey and others

ICO DPA Technical Guidance on Defaults

Data Protection Act 1998

Steering Committee - Principles of reporting arrears/defaults

N1 Claim Form

 

[ATTACH=CONFIG]49164[/ATTACH]

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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No I'd be sending it tomorrow afternoon.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Is it that bad? I haven't finished it yet there are bits that don't flow but I hope I'm on the right track.....

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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orfoster

as your deadline is tomorrow end, give andyorch a pm nudge to also look in?

 

Sorry it's a bit tight. I wouldn't usually be this last minute but having a few health issues.

At hospital having chemo at the moment and for some reason can't work out how to PM via mobile.

 

I haven't done much link into cases etc, I'd focused on background up until now and ICO complaint.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Thank you :)

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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re bundle for filing/service, i think at this stage would be re wit statement, and schedule of cited case law, legislation, authorities, exhibits, etc, relied on? 450 pages seems alot? did the court say can do double sided?

if ends up in court, then can produce in full if required?

andy though will hopefully advise re that.

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Thanks.

Yeah that's what I've included basically. I didn't find out if I could do double sided. In fairness it could be around 330ish but the DPA alone is 130 pages.

Does the witness statement make sense?

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Responding to Fords PM.

 

Hi ..the WS is good ..layout and content fine...however I think you need to conclude it better and state what you require from the court and what you wish them to find for in your favour.

 

Regards

 

Andy

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Thank you Andy :)

 

Does anyone know where the judgement is for Kpohraror v Woolwich Building Society [1996] 4 All ER 119 I can't find it anywhere!

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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[ATTACH]49179[/ATTACH]

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Thank you.

All submitted.

We shall await the hearing....

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Hello, hearing is 28th. I have another hearing re CC charges on 24th and bundle went off for that last week.

 

No strike out application I didn't progress because they were in time with court.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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