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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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Andy what you think of this tread:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

Would it apply in my case if so is it now to late to send off being as the court and optima legal have my AQ ?

 

Regards

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Ok Thank You ill leave as is for now

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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  • 3 weeks later...

Hiya All

 

Should i ring the court to chase this up because i hand posted the AQ on the 10th september 08 and ive not heard anything.

 

Regards

 

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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OK Andy thank you just i was getting a bit worried because the young girl in court office came across as a bit vague and did not know what i was on about when i said heres my AQ for a fothcomming case she just stamped it and put it in file store on her desk.

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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  • 3 weeks later...

Still not heard anything do you think judge has made a mistake and stayed it due to the banking fiasco.

 

Although if he did that i would of heard something ?

 

Regards

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Andyorch,

 

i know you said do not contact the court a couple of weeks ago but i still not heard any thing in response to my AQ.

 

As in my post above im wondering if that has happened.

 

What do i do still hold out in the hope its just the court being busy?

 

Regards

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Ok Thanks will do ill get on to it first thing tommoz and let you know the outcome.

 

Regards

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Ok funny enough i got a letter from court today ill post it up via photobucket in a wee while for your comments.

 

Regards

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Ok here is the court order

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/courtorderpage1.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/courtorderpage2.jpg

 

Haven't a clue what i do now im guess i need to prepare paper work now but i aint got any from them all i have is a few letters from optima legal and the paperwork that the court sent me.

 

Regards

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Thanks Andy

 

So am i right in saying the first think to do is a standard disclosure list and if so does this go to the court or optima legal ?

 

Regards

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Thanks Andy ill contact you nearer the time then in November for your assistance.

 

Regards

 

Pompeyfaith:)

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Thank you Andy

 

You are a star:)

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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  • 4 weeks later...

bump just to bring to front

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hiya Andyorch

 

IM just filling in the Disclosure list to send of as it has to be at court by the 26th Novenber 2008 4pm and ive come across a date you put in which im not sure about.

 

(F) Letter from Optima Legal to Leon Carter, acknowledging receipt of letter listed at (B), dated 18th February 2008.

 

 

You have put the 18th February 2008 but this they did not acknowledge until the 30th July and i cant use it as its headed WITHOUT PREJUDICE.

 

What i do here?

 

Regards

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Anyone

 

I got to get the disclosure list of today as it needs to be there by wednesday 4pm.

 

Can someone tell me please do i need to send the documents with this or just the disclosure list for now.

 

Regards

 

Leon

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Bump

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Anyone seen Andyorch about ??

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hiya All

 

I got this letter today saying my disclosure list does not comply to CPR 31 any one know what they are talking about as ive disclosed everything that i will be reliant on

 

Only thing i can thing off is the agreement, statements, DN, LBA which i dont have as they have not responded to my CPR 18 and S.A.R.

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/standarddisclosureresponce.jpg

 

I also got there disclosure list today on the letter it had a date of 27/11/2008 but the disclosure list was dated the 24/11/2008 but it had to be with me by the 26/11/2008 by order of the court.

 

Im guessing they forgot and only relised when they got mine.

 

Regards

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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bump

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hiya Caro

 

I have disclosed everything Andyorch put in that list I cannot disclose agreement,statements,default notice or LBA as i have not to date received those all i had was a letter from Optima saying that they have requested those documents from MBNA and that they will be forwarded to you which they never did and the letter was headed without prejudice so i cant use it in court delaying tactics i think.

 

There is one letter i can disclose though although i don't think optima will like it as its a letter they sent to me but was meant for one of there employees detailing a pay rise lol.

 

should i disclose this as they have broken data protection act and it does show the court how they operate not.

 

Regards

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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bump

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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  • 4 weeks later...

Hello All,

 

Hoping for a bit of help here firstly i did contact the court regarding my disclosure list and they said providing you have disclosed everything that you will rely on that will be ok.

 

Now After 6 mths i have finally got a copy of the agreement and default notice although it dont look like it will stand up in court perhaps someone could have a look at it and post there thoughts.

 

I also got a bundle of statements again something is wrong as there are many missing and some optima have sent me 2 copies.

 

I also got from the court just before Xmas the Pre-Trial checklist anyone got a link to how i fill this in.

 

Finally can someone tell me at what stage does my full defence have to be at court.

 

In there responce to my CPR18 request it states that they have previously supplied me with a copy of the agreement, that is a load of bull.

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/optimaresponsetoCPR18page1.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/optimaresponsetoCPR18page2.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/optimaresponsetoCPR18page3.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/MBNAAGREEMENT.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/MBNADEFAULTNOTICE.jpg

 

 

Thank You

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Good question pt thank you although the agreenent i could not read very poor copy if it is a genuine copy that is they also say that the t&c will follow i thought they had to be attached to the agreement?

 

Also as i thought i did not tick the box for PPI although they have been taking it from day one.

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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PLEASE PLEASE someone help me out here this is all lies they cannot get away with this surely if they do ive lost faith in the British justice system.

 

I had a hearing set for march 09,but today i have received though the post an N244 requesting a trial without a hearing on the 15th january 09 at 4pm

 

I only got a response to my CPR18 yesterday as posted above which was only 6 mths late as i applied for it July 08 the agreement is shoddy to say the least not seen a legit copy of of yet there are no T&C attached i was charged court fees on the MBNA card yet they are appling for them again the N244 was dated the 13/11/08 yet ive only just got it

 

Ive not yet filed my full defence only a holding defence on one of the exibits it says Further to your recent commumication please find enclosed copy of documentation this is a lie i have recieved no documentation from optima legal before yesterday.

 

Where do i go from here please i have 2 weeks now to get this in order.

 

Thank You

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Sorry PT yes a summary judgement words of which are:

 

That Summary Judgement be granted against the defendant pursuant to rule 24 of the CPR as the defendant has no real prospect of successfully defending the claim and there is no other compelling reason why the cae should be disposed of at trail.

 

Regards

 

Leon

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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