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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 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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H.O.L Test case appeal. Judgement Declared. ***See Announcements***


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Oh, I see what you mean.

 

I don't think it would make any difference. Ever since we started our little consumer revolt, the banks have been shredding paperwork as soon as it hits the 6 years so that they can say hand on heart they don't have anything going further than that, so unless people have kept their statements (and there's an argument for not shredding anything, btw), they won't be able to do anything about it anyway. That's even if people were willing to test the Limitations Act anyway, which I suspect the vast majority won't.

 

I think that by 'shredding' they could be shooting themselves in the foot in that if they can conjecture & reconstruct agreements based on recent records (see Paul Walton, Sparkie et'al) then so can we;)

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Funny you should say that, JC. :razz:

 

I was tempted, but never took it further, with B/card. Account opened in 1995 or so. When they were avoiding complying with the DPA by using the mircofiche argument, they instead sent me a long accordion of data recording all my late payments etc, but no amount specified or indeed if a charge had been applied. As they were refusing to give me anything else, I fired a prelim with a charge attached to every single late/overlimit payment, stating that since they were not willing to break it down, I had no choice but to make the assumption that they had charged me every time. They promptly replied that actually, they only started charging in 2001 (when they dropped yearly fee) and so my calculations were out and then they sent me my statements, lol, which by some strange coincidence, 6 yrs was actually mid-2001 when they started charging. I tried to find proof that that their charging regime started before that, but it wasn't clear cut and I decided not to take it further at that point. Looking back now... Ah well, win some... No, actually, win them all, just not as much as I could have on this one. :-D

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so they had dater that they should had sent you under the dater protection act but didnt. should had taken that further aswell!

 

I should be pretty much top of the list to get my money back, but I only went back about six yrs. I have all my statements right back prior to 2000 should I put in a claim for anything prior to the 6 yrs I am already claiming?

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so they had dater that they should had sent you under the dater protection act but didnt. should had taken that further aswell!
:confused: No, they did send me all my data - eventually, and not with good grace, but they did. - :razz:

 

I should be pretty much top of the list to get my money back, but I only went back about six yrs. I have all my statements right back prior to 2000 should I put in a claim for anything prior to the 6 yrs I am already claiming?
That's a judgment call. Do you have charges showing prior to 2000? Are you confident that you can argue a case under s32 of SOLA 1980? This is one that B/card are likely to take to the wire, so you'd need to be ready to fight it.
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Just to be pessimistic, I don't think anyone will get anything. There will be millions of claims in the pipeline that the courts won't be able to look at them and the banks biggest buddy, the fsa, will feel sorry for them as they have made such a good job of hiding their money away that the stupid government thinks they are broke and poured all those funds in.

 

Someone is sure to say 'hey, hang on a min, this is our money the banks will be paying with' and put a halt to it and claims will be limited or, at best, have to be submitted again.

 

God, am I a miserable sod :)

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Just to be pessimistic, I don't think anyone will get anything. There will be millions of claims in the pipeline that the courts won't be able to look at them and the banks biggest buddy, the fsa, will feel sorry for them as they have made such a good job of hiding their money away that the stupid government thinks they are broke and poured all those funds in.

 

Someone is sure to say 'hey, hang on a min, this is our money the banks will be paying with' and put a halt to it and claims will be limited or, at best, have to be submitted again.

 

God, am I a miserable sod :)

 

I can't see how that will work in practise, though.

 

Having said that, I couldn't see how they could stay this many (millions?) claims also, though.

 

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I can't see how that will work in practise, though.

 

Having said that, I couldn't see how they could stay this many (millions?) claims also, though.

 

Do you mean you couldn't see why stays were implemented in 2007 and continue onwards, or that you couldn't see that at the time and you can now?

 

For Conniff, not sure what you are saying at all on that point. OFT are bringing the litigation and FSA are merely enforcing the Waiver until the test case issues are resolved....

 

Bookworm, thanks ;)

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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ok i understand that. so i put my claim into the bank in Nov 06 and they stopped dealing with my complaint in july 07 due to the test case. my complaint is still in the banks hands. am i safe under the waiver from the FSA to continue chasing charges back to Nov 2000 up until today??

 

Time statute.

 

The banks have tried it on in a damage limitation basis suggesting that charges can only go back six years to which we respond (edit)off!

Nobody realised that the charges were anything more than the cost of administration until the OFT announced their findings on credit cards on 21 February 2006.

 

So six years after that people (idiots?) who have not yet claimed by February 2012 will find the banks saying "a reasonable person would have known that these charges were claimable in Feb 2006 so every thing before then is time statute barred".

 

So until Feb 2012 we can get charges back as far as they can provide records for after then its 6 years back tops!

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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what if i have statements going back to 1998.... if i was "made Aware" by the OFT and the Test Case in feb 06.... can i then claim back charges to feb 2000 ?????

 

i put my claim in to the bank in Nov 06 but can i ammend it to include everything that i have paper proof of???

 

my claim is not with the Courts.

 

YES YES YES Go back as far as you have statements for and further if the bank supply more data.

 

They took the money off you wrongly.

 

wrongs dont come with a sell by date! despite what the banks will try & get away with

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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Do you mean you couldn't see why stays were implemented in 2007 and continue onwards, or that you couldn't see that at the time and you can now?

 

I meant that I couldn't have foresaw the huge numbers of cases stayed before it happened.

 

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Funny you should say that, JC. :razz:

 

I was tempted, but never took it further, with B/card. Account opened in 1995 or so. When they were avoiding complying with the DPA by using the mircofiche argument, they instead sent me a long accordion of data recording all my late payments etc, but no amount specified or indeed if a charge had been applied. As they were refusing to give me anything else, I fired a prelim with a charge attached to every single late/overlimit payment, stating that since they were not willing to break it down, I had no choice but to make the assumption that they had charged me every time. They promptly replied that actually, they only started charging in 2001 (when they dropped yearly fee) and so my calculations were out and then they sent me my statements, lol, which by some strange coincidence, 6 yrs was actually mid-2001 when they started charging. I tried to find proof that that their charging regime started before that, but it wasn't clear cut and I decided not to take it further at that point. Looking back now... Ah well, win some... No, actually, win them all, just not as much as I could have on this one. :-D

 

BW - I provided a Cagger with an original copy of a barclaycard statement (1995) which had a penalty charge on it!!

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I meant that I couldn't have foresaw the huge numbers of cases stayed before it happened.

Thanks for that and completely off topic.....congrats on Site Team.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hi Guys,

 

Anyone know what this is all about. It seems that this company won't use the County Court and instead use a 'Statutory Demand', what is this and should anyone with a debt be concerned?

 

Credit Resource Consultancy

 

TheyrCriminals

 

This is what 1st crud started doing & look where that go them.

 

The High Court doesn't like them being used to recover consumer debt remember most consumers have more than 1 creditor all of whom would have to be satisfied so this lots clients may only receive a pittance compared to what's owed & this is after having to pay costs touching a grand.

 

Suggest you send a link to the OFT who also don't like SD's being used to collect consumer debt

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Didnt CapQuest also use this method. 1000s of Stat demands were sent out last year.

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It seems that this company won't use the County Court and instead use a 'Statutory Demand'

 

 

My current partner is a Para Legal debt collector.........Stat demands are sent out by debt collecting agencies by the hundred daily.......( they have targets, 500 a day per person is common!) ....they KNOW that these have them on very shaky ground legally but hope to bully people into paying up.....best thing to do in response is send letters, ask questions, request CCA's.......when targets are involved they will put awkward people to the bottom of the pile and go for the easy targets.

 

just what I have been told from someone on the other side oif the fence.....I should say that she has seen a whole new side to debt collecting since I have shown her this site......

 

roscodog

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

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Welcome roscodog I must say that what you state confirms what many of us already suspected but still it's always good to hear it from higher up the DCA food chain

 

What we need is for an employee of such a DCA to make a 'statement of truth' about these shabby practices which can then be sent to the OFT to support our contention that until the OFT actually removes a licence from a DCA for this practice they'll just be ignored

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My current partner is a Para Legal debt collector.........Stat demands are sent out by debt collecting agencies by the hundred daily.......( they have targets, 500 a day per person is common!) ....they KNOW that these have them on very shaky ground legally but hope to bully people into paying up.....best thing to do in response is send letters, ask questions, request CCA's.......when targets are involved they will put awkward people to the bottom of the pile and go for the easy targets.

 

just what I have been told from someone on the other side oif the fence.....I should say that she has seen a whole new side to debt collecting since I have shown her this site......

 

roscodog

 

This person (of information gleemed from them) would make a very handy addition to this site.

 

;)

 

Welcome roscodog I must say that what you state confirms what many of us already suspected but still it's always good to hear it from higher up the DCA food chain

 

What we need is for an employee of such a DCA to make a 'statement of truth' about these shabby practices which can then be sent to the OFT to support our contention that until the OFT actually removes a licence from a DCA for this practice they'll just be ignored

 

Don't you just love Whistleblowers!!!

 

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Stat demands are sent out by debt collecting agencies by the hundred daily.......( they have targets, 500 a day per person is common!) ....they KNOW that these have them on very shaky ground legally but hope to bully people into paying up.....

 

Do they ever follow up on the SD route and file for BR? Wish one of them would and save me the £495 to do it meself [:D]

 

Cheers

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

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