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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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Peasant v Natwest - No CCA **WON**


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I'm having a real problem with this.

 

I have tried several times to ring the mediation service and all I get is an answerphone asking me to leave details (case no, name. contact phone number) and nobody has got back to me.

 

I have to file docs at court by Friday if I want to go to hearing. Do I put in a covering letter that I have tried for mediation but I can't get a response from the mediators?

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I'm having a real problem with this.

 

I have tried several times to ring the mediation service and all I get is an answerphone asking me to leave details (case no, name. contact phone number) and nobody has got back to me.

 

I have to file docs at court by Friday if I want to go to hearing. Do I put in a covering letter that I have tried for mediation but I can't get a response from the mediators?

 

 

Yes put in the letter

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  • 1 month later...

I've been away from this thread for a while due to circumstances at home and a lot has happened.

 

Today I found myself in court. NatWest sent a Barrister:eek:

 

The issue now was that of default removal. In the first instance, the DJ stated that she believed it is beyond her jurisdiction to order the bank as to their reports to CRA's.It didn't look good. She then went on to instruct Natwests Barrister that in spite of the claims being withdrawn/struck out, she would hear their case as it was necessary for her to establish whether or not we actually owed them money, enforceable or otherwise.

 

After an hour of questioning and cross questioning, the Judge made the following summary (this is a very short version)

 

The Defendants have demonstrated that they do not and never have been indebted to Natwest Bank. If there ever was any money paid to the Defendants, which I doubt, it was not subject to any contract between the Defendants and Natwest Bank. I will therefore make a binding declaration that the Defendants have no liability now or in the future toward the Claimant and will order that the Defendants credit records be amended by the Claimant to reflect this judgement

 

 

A good day at the office I think! It amounts to an order to remove the defaults, it just doesn't actually say it. The compromise that I had to make was that I didn't pursue the claims for financial compensation for the breach of the DPA and harrassment so I didn't get any cash but I did get the defaults removed which was more important to me.

Edited by revolting peasant
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Well done :D

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thread moved and 'Stuck' :D

 

Very well done RP

 

Lex

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I should say that this is not a fine example of how to go about it! I was distracted by my wifes diagnosis with a brain tumour a few months ago (don't know why) and I wasn't as prepared as I could have been today.

 

I would urge anyone who wants to try for default removal to read this

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/11427-walton-rbos.html

 

This guy is so committed and to be fair, verging on genius. I got what I needed but there are better ways of doing it.

Edited by revolting peasant
Corrected my American English spelling
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Good result, RP. :) also good stuff from Steven4064 ;) & others.

 

Regards.

 

Scott.

Edited by maroondevo52
Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Well done:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Well done, great result.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Now I've got over my excitement (and whisky) I do need to thank everyone who helped with this, particularly Steven who responded to almost every post I made without losing patience with me.

 

I'm very grateful to everyone who gave advice and opinion. Happy Christmas guys and may CAG continue to be successful in 2009.

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