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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
      • 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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Barclaycard - County Court Claim**WON**


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Bazaar, thanks for looking in.

 

It says in the letter if we disclose to the Court without their permission they will have the case referred to another Court with another Judge. Yes, I feel it is like blackmail, but my partner doesn't want it moved to another Court.

 

We are doing what PT says at moment and if we have to go to Court, the letter will be going with us also.

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Hi Heather , did you get a chance to upload that Application form?

 

id really like to get a looksy at it to see if its like vianos one , im not sure if you saw it but Barclays pulled out at the 11th hour on vianos case so it would be good to know what they actually have

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HI PT, no I didn't get change to upload application last night, by the time I got in I couldn't be bothered to switch on my computer.

 

Will definately upload tonight as I need to know what are next move is to be, so speak to you later.

 

Regards

 

 

PS. It was great news about Viano, and I'm hoping this goes the same way.

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I cant see any reason why it wont go the same way,

 

the question to ask is this, Do barclays have a chance in hell at winning in court?

 

i doubt it

 

What are the implications of you winning in court?

 

Massive, the fact is that if you win in court, then the flood gates will open on Barclays and many CAGGERS will be able to rely upon the case in their own cases

 

now that will be in their minds and as a result, they will not go to full trial if your agreement is anything like vianos agreement which is here http://www.consumeractiongroup.co.uk/forum/show-post/post-1617376.html

 

 

id still like a look at the document all the same though

Regards

paul

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The usual from Sharklays ... AFAIK that's totally unenforceable.

 

No prescribed terms and note the number in the top left ... that's a copy of a microfiched item. They won't have originals and the quality won't get any better no matter what they try. It's illegible.

 

D

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yep spot on D,

 

exactly the same as Vianos thread

 

i was so tempted to change the thread title to won when i saw that;)

 

i do not feel that this is a case Barclays can win

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For now just smile and relax and enjoy your weekend. On the basis of my own experiences you have nothing to worry about.

 

I think a letter back to Skinhead might be good ... I sent one (yes, Paul you can send an edited copy to Heather if you like minus the specific details). I don't think I'll be getting a Christmas card from him this year.

 

That can wait though ... these people work by pressuring and stressing. Unless you are working to a tight deadline take some time out from this nonsense where you can.

 

If I'm wrong about the validity of that 'Application' then I fall too ... and that's not going to happen.

 

D

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Heather

My other half got an application form in the same condition as the one above.

 

When I told them it does not comply with the copy doc regs they replied by saying "The micro fish is old so it is bad quality or someting like that".

 

HAK

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Heather

you astate the default notice was issued by Mercers.

 

I have just been reading around this site and it has to be issued by the owner wich is Barclaycard.

 

Not sure if itwill help

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Heather

you astate the default notice was issued by Mercers.

 

I have just been reading around this site and it has to be issued by the owner wich is Barclaycard.

 

Not sure if itwill help

 

 

 

 

Hi,

 

 

This point, if I'm not mistaken, would have been covered in the defence!

 

It should also contain the address of the creditor.

 

 

Jeff.

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Hi again Heather

regarding this (:It says in the letter if we disclose to the Court without their permission they will have the case referred to another Court with another Judge. Yes, I feel it is like blackmail, but my partner doesn't want it moved to another Court.)

 

(We are doing what PT says at moment and if we have to go to Court, the letter will be going with us also.)

 

How can they think they will get another judge to be more favourable? They really are low life ****. I don't believe they can apply to another court in a different area. I know PT is helping, so maybe he has something up his sleeve about this. Sorry for the rant, but they make me angry with their BS.

Good luck

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sorry i dont mean to hijack the thread, but didnt think i was worth starting another as im in a very simular position, just with the northern rock instead.

i've followed most of the advice so far on here, their solicitors are saying if i proceed with my defence the court will order me to pay costs which are likely to be substantial.

i was wondering what the chance of this was? i am not working i've recently being retired on ill health, i have a wife and 2 children to support and 1 of which is a baby, the only income is the DLA.

if i proved it would be a hardship for them to charge me the costs would they impose them or are they trying to scare me into dropping my defence.

thanks

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Absolutly disregard anything your opponents (oops Claimants ) say you must defend or they will attain Summary Judgement by default.

Ps`wont cost you anything as you are excempt.

 

Regards

 

Andy;)

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Hello Russ,

Its great how the solicitors pre-empt what the courts are going to do, isnt it?

That would be at the least, disrespectful of the courts' powers, so something to keep up yer sleeve for future use.:-)

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