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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
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    • 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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Me Vs Lowell Financial / ***WON WITH COSTS***


Shawn0109
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Yep today at the Liverpool County Court the stat demand was ordered to be set aside Lowells the Leeds Lossers also know as the Leeds W***ers didnt even show or submit any documents to the court proving the debt or anything. The judge looked at my court file and asked me was this the paper work I submitted the other week in order of my defence which were the letters from Lowells stating they they anf the original creditor dont have a copy of the cca agreement she said that it was unenforcable and also she went on to say that given this evidence that Lowells should leave me alone and if they didnt I could take legal action against them if I wish for harassment for a debt that without a signed credit agreement does not exsist, she said it was a straight forward case as I had done all my research and requested documents including the cca and any statements of the account that they held with them turning up nothing not one bit of solid evidence. I have been awarded costs of £100 which I'm happy with and I also went on to state the damage that Lowell have done to my Credit File she has also ordered that Lowell remove all and any data with the CRA without delay if they dont cooperate with the court then I take it they will be in big trouble and then I will look forward to sueing Andrew Bartle's ass till the end of time.

And now for the bad news, erm there is none all but Lowell will be kicking and screaming.

So many thanks to all 42man your amazing thanks for all the information you provided I wouldnt of been able to get it all without your help, sam614 thanks for helping me keep my head held high I wasnt as nervous as when I walked into the court room and anybody else who I havent thanked yet Just A Big Thank You All. And a donation to cag will be on it's way.

 

P.S: Dont be bullied by this **** called Lowell/Red/Hamptons they are low life who will burn in hell for what they do, this goes to all you Debt Collection Agencies going round posting ya crappy stat demands and nearly 99% of the time you dont have anything to back your claims up, dont send these sta demands because you waste the courts time and also our time, get a life and a real job you sad B******s.

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I know I made up really am just glad it's over and now looking at my credit report see they are still there on it plus a few other they have added also so will be doing more CCA's to them next week for these other accounts they say they own and I know what will happen the sorry letter "We dont have a copy of the original CCA you signed and neither does the original creditor" I want them gone of my credit file or I promiss to all you caggers I will help in any way that I can.

Edited by Shawn0109
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Ha yeah think I might do that or put it aside to see my brother and his family in Canada I'll be able to sleep better tonight, but the Judge I have to say was amazing she was aking me the questions and all I could say was yes miss then when she phoned the reception area to see if Lowells turned up she sighed heavely and that was it I was in and out in less than 2 mins.

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So with this now being a succsess story how do I contact the moderator to move it to the Legal Succsess section? With the experience that I have gotten here on CAG it's amazing what you can make happen with the help from other people thank you all so much for everything, I'll be watching you Lowell's/Red/Hamptons I want to see every bit of information that are on my credit report from all of them taken off by you asap this is your only warning.

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Thanks all now I feel like crying, am not gonna do that though I'm just gonna chill myself out now feel tired cos didnt sleep at all last night but tonight will be better.:)

Edited by Shawn0109
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Thanks 42man and once again thanks for all your advice and support during this, it's like a weight has been lifted from my shoulders, yeah the judge she was great I didnt have to really say anything other than yes miss or no miss she made me feel very comfortable and it kind of made me more relaxed about the whole situation.:D

Edited by Shawn0109
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With answer to the harrassment she mentioned she did say that seeing as there was no solid evidence on the debt in question she did say I could take legal action against them if I so wished to do so if they start up again, oh and she also stated that it would not be in good practice for them now to try and get a CCJ against me as I already have all the evidence I need to also get that set aside or thrown out of court, what do you think maybe she watch Watchdog on BBC1 last night staring Lowells/Low****rs :D

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Strangely enough I have just this minute had a very nice offer of settlement from Barclaycard regarding a claim where they havent been able to produce a CCA. :rolleyes:

 

Really wow good news it seems to be turning out a good day after all, see it's funny they say they have all the paperwork but they dont have a thing.

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Well seeing as I have come out of this situtation today and all I will be here to help any and all who are involved with these people and are feeling down about the whole situation believe me it's not worth to get stressed about I know that now just keep calm and you will all get through it.

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Well after today I think I deserve some sleep think I've been awake since well 3am this morning worrying about this and now it's set aside I'm like I say happy all in all it's been a good day, thanks again to all you amazing guys here on cag for all your help it's great to know that a website like this can offer so much and you come out of it wiser and tougher than you were before.

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