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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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goldfish flawed default notice help please


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Hi all

I have been served a SD from connaught re a goldfish card i know there are penalty charges on the card and i have sent off a SAR to barclays.

While raking through some old goldfish statements i found this

 

sc00029f01.jpg picture by bernardlivesley - Photobucket

 

sc00026cbb.jpg picture by bernardlivesley - Photobucket

 

 

Am i right in thinking that they have to give you 14 clear days (plus 2 days delivery)to pay the arrears and not as they have done only giving me 14 days from the date of the letter.

And can i put this in my set aside that the default notice is fatally flawed.

Also in their intended action paragraph to reclaim the total balance are they not supposed to include the total amount in pounds shillings and pence .

If someone could point me in the direction of CCA relating to the form and content of default notices i would be very grateful.

 

Thanks

AL

Edited by e28bigalbexley
typo

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CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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Hi,

 

Just a quick query. Is that your real name on the photobucket file?

 

If so I would change it sharpish

 

GKTP

 

NO, im in disguise8-)

but thanks anyway :grin:

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CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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Default is useless Bernard (lol)....for exactly the reasons you said....however it is how a judge would see it too don't forget....so know your stuff....proof of service of the default would stuff them too....

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Hi all

right have composed my set aside could you have a look over it and comment please.

the basis is

1. no agreement/account number

2 i dispute the debt

3 the account has penalty charges therefore the default notice is incorrect

4 the default notice is fatally flawed in not giving 14 days to remedy

5 no statements supplied showing how the debt is made up

6 no deed or notice of assignment

 

Ta

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CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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Thanks Nick i have already had a few reads of it sometimes i end up smiling :D other times my head hurts :confused:but i get the gist of it.:)

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CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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Also if the DN is defective can i ask that any defaults registered to CRAs be deleted

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CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

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I would also add in about requesting the judge remove all adverse default information off your credit files.....and also quote this when asking for costs/indemnity award...

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

 

And as far as an abuse of the process goes quote this too...

 

Judge Boggis QC - RE AWAN - [2000] BPIR 241

 

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly. - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT

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Ok have amended set aside i think the numbering is ok just not sure if last few paras are right. elbow me if they need changing please

 

http://i684.photobucket.com/albums/vv205/bernardlivesley/sc00004691.jpg?t=1238498385

 

 

http://i684.photobucket.com/albums/vv205/bernardlivesley/sc0000680a.jpg?t=1238498438

 

 

Thanks AL

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CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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Hi e28,

 

Point 9 of your set aside is actually wrong, it doesn't ahve to be under the hand of the assignor.

 

I believe that it was myself that originally wrote that and I've had the error of my ways pointed out to me.

 

The rest is absolutely spot on with regard to the NOA though and, from hearing some other people's experiences you may have to really argue your case quite strongly with a judge over this.

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Hi Nick

Thanks for that i will delete para 9.

Yes i did pilfer the original from yourself i believe i hope you dont mind.

As you say i have probably got a fight on my hands but with help from people like yourself and 42man to name but a few, on this forum and some swatting up i going to try my best to achieve a positive outcome.

 

Once again thanks

 

AL

 

I have deleted para 8 as that is the para about the hand of the assignor.

Edited by e28bigalbexley

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CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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