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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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TBI and Liverpool Victoria


cups
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Hi

 

 

Got judgement from court, and l lost. What a surprise!

 

Suppose dealing with a DJ who normally deals with Family Law won't help!!!!

 

I am continually surprised that DCA's can make things up,,and l mean make things up and 'promote' them as evidence and get away with it.

 

Oh well,,

 

Cups

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Hi S

 

Will wait and see what the costs are, the interest at 12% is a couple of grand. Apparently l am lucky becaause they could charge me 16 - 18%, l think l am now meant to thank them?

 

Very sarcastic l know

 

Cups

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HI

 

Had the costs from them and they now stand at about £11,000!!!!!

 

From £5,000 to £18,000 in one foul swoop.

 

I am unable to make the hearing that is due up and l am still considering an appeal on the basis of something that is written by the DJ in the decision.

 

Does anyone know if arguing that they did not comply with a response to my CCA request and still haven't as l have not got any up to date t and Cs will help with the costs issue?

 

Any help would be appreciated..

 

Cups

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HI

 

Had the costs from them and they now stand at about £11,000!!!!!

 

From £5,000 to £18,000 in one foul swoop.

 

I am unable to make the hearing that is due up and l am still considering an appeal on the basis of something that is written by the DJ in the decision.

 

Does anyone know if arguing that they did not comply with a response to my CCA request and still haven't as l have not got any up to date t and Cs will help with the costs issue?

 

Any help would be appreciated..

 

Cups

 

cups, I'm writing this in two minds to be honest.....on the one hand I want to see justice but on the other I can only see more costs being added :-(

 

The fact is at the point of judgement if you had told the judge that the s78 request was STILL outstanding then he should not have enforced the agreement but rather made them comply or told them to comply before enforcing... seems tenuous tho relying on up to date t&c...

 

I think it would carry more weight if they hadnt supplied the historic t&c or replied to the s78 request at all.

 

Sorry just my opinion.

 

S.

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  • 1 month later...

Hi

 

I got notice of a charging order today? Now my husband knows and is very unhappy,,

 

I am going to write to the court and ask for details of the final hearing, which l think that they should give me the opportunity to make payments by installments. Aftre the judgement l heard nothing at all until today.

 

Are the courts against us??

 

Cups

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Was it a "forthwith" judgment, Cups ?

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi

 

I don't know, all l got was the judgement, it said nothing about 'forthwith' and the other side did not contact me at all, which was very strange. Because the court has been so slack l thought there would be another hearing?

 

Cups

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Unless the judgment stated clearly that installments were to be allowed its automatically a forthwith judgment I believe.

 

Personally I would put in an redetermination application asap (unfortunately the application will cost unless you are on benefits) and back up this application with a comprehensive I&E and list of other creditors to show the judge/court clerk that installments is all that is on offer here.

 

S.

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  • 1 month later...

Hi

 

Got all the costs etc added against me and also interest can be added. Haven't heard anything from them even though l have been sending payments etc. They state in their latest letter that the new amount of interest month is more than l am paying and that if l cannot pay more then they will take more action against me??

 

I am stunned to be honest, a £5000 debt has home to £18000, l have had to pay all the court costs and now they want to add nearly another grand a year to the bill.

 

I was sure that interest could not be added to the sum of the judgement?? Am l right??

 

It seems like they now want to make me homeless and jobless as well.

 

Lovely people!

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Hi

 

Further to the above l have looked at what l have from them and cannot see where it says that they can add interest after judgement.

 

My understanding is that a judgement within the CCA cannot have interest added, or have l gone mad. Is the court allowe to do this?

 

Seems they allowed an agreement that l never signed to go through?

 

Any ideas?

 

Cups

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Hi

 

Got all the costs etc added against me and also interest can be added. Haven't heard anything from them even though l have been sending payments etc. They state in their latest letter that the new amount of interest month is more than l am paying and that if l cannot pay more then they will take more action against me??

 

I am stunned to be honest, a £5000 debt has home to £18000, l have had to pay all the court costs and now they want to add nearly another grand a year to the bill.

 

I was sure that interest could not be added to the sum of the judgement?? Am l right??

 

It seems like they now want to make me homeless and jobless as well.

 

Lovely people!

 

Is there anything written down that they can charge interest on the judgment debt ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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All it says is ' and any interest due'

There is nothing that l can see that shows in the 'agreement' that they can claim post judgement interest.

They also say that they have sent me details for a standing order to be set up, l asked for these details 2 months ago. I think they are trying to stall me and maybe go for a sale order.

 

I do not trust them at all!

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I have flagged your query, as I really dont know the answer to this, cups :(

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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surely if it does not specifically mention post judgement interest in the judgement box it cannot be latterly claimed, unless you have failed to keep the CCJ payments up.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Cups

 

I haveen't gone through all of your posts, this credit card debt, are there charges for late payment and overlimit in the past?

 

Any PPI added to the account?

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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can you can up the judgement box please

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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About the PPI, l am going to contact the OC but is there a 6 year limit on claims for this??

 

Also the OC never fully complied with my SAR request and in the weeks prior to trial they supplied TBI with docs l had never seen before.

 

Also when l questioned the OC about the new agreement that was used in the trial, which was a reconstruction and had my name and address crudely written on it by the hand of the solicitor from TBI the OC said they had no knowledge of what they had reconstructed. I bought this up at the trial but it just got ignored!! But l do have some 'interview' experience and l can tell when someone is caught in the headlights!!

 

I am going to ask the OC to provide me with a copy of a blank agreement to see what it looks like!

 

I am also seeing my MP v soon and l am going to. show him what is going on with the CCA.

 

I want to move on but at the same time l can't let the clear injustice of what is happening prevail !

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