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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
      • 162 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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zebra finance case struck out


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i have recently had a case against a company called zebra finance struck out by county court due to them failing to turn up at the hearing.

i borrowed £1000 in december 2002, i have paid back in total £3997 to date with them claiming i still owed £3325.

they claimed to have ammended my agreement on several occasions but when asked to provide documented evidence of this they refused. i also had ppp with this loan that when i discussed with a representative of this company they told me they had cancelled years ago.

i am stuck as i don't know as to wether i am entitled to claim any money back from this company or how to go about it. any help would be greatly appreciated.

Edited by jomac1
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I'm not an expert on PPI

 

So bump

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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yes you can go for a costs order, this means u can reclaim all reasonable costs from the company.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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thank you do you know if there is a form i need to fill in for this ?

 

I think that there are two issues:-

 

1. The PPP - I don't know enough about it - you need advice from someone who knows more about it than I

 

2. Costs - as Godmother points out you can claim costs - Litigant in Person costs in respect of defending the claim up to the point of discontinuance - you need to work out how much time you have spent on the case and then charge it at a minimum of £9.25 per hour - if you've had to take time off work to attend court and lost wages you can claim that together with any expenses you've had - postage, court fees, photocopying etc.

 

Once you've worked them all out you do a letter to the other side asking for the money. Its' probably best if you work it out and then come back and let us know what it comes to

 

It'll help if you can do a schedule giving a breakdown

 

Standard letters @92.5p per item

Standard Telephone calls @92.5p per item

If a letter or call takes more than 6 minutes charge on a time basis

Preparation/Drafting/Research - £9.25per hour

Travel to Court @ £9.25 per hour

Waiting @ Court @ £9.25 per hour

Attendance on other side @ £9.25 per hour

Hearing @ £9.25

 

Expenses

Mileage - 36p a mile

Car Parking

Photocopying

Postage

Court fees

etc

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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i was claiming the debt unenforcable due to them not being able to provide me with the documentation requested have i any standing with claiming the monies i have paid to them?

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Unfamiliar with your issues.. but bumping to get you noticed.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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The fact than an agreement is unenforceable does not stop there being a debt - it just cannot be enforced in a court - the mere fact of unenforceability does not therefore give a right to recover monies already paid HOWEVER it may be possible to recover missold PPI and/or unlawful account charges - unfortunately I don't know enough about them

 

So bump

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Two threads merged.

 

jomac1, please stick to one thread on this subject.

 

Thanks.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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If you dont have milage parking etc costs due to not driving then u can claim bus fare etc.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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If you dont have milage parking etc costs due to not driving then u can claim bus fare etc.

 

Yes - don't forget postage

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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