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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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Elsinore v Citi Cards***WON & PAID***


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Hi there, im fairly new to all this but i am currently taking HSBC to court for around £1500 but i am very wary of doing the same with Citi cards as i have read that they are actually contesting the claims?! i have sent the usual 2 letters before court action asking/demanding they pay me the £763 that they have charged me (including interest). I have recieved a letter from a Mark Clibbens saying that "it may take between three and six weeks as they (statements) are retrieved from our archives" blah,blah and that he will confirm in writing the outcome, so what i want to know is do i to to moneyclaim online? Please,please can you/anyone help or advise me? Many thanks-Craig

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Hello Craig, yes Citi are exceptional in the way they are contesting claims for unlawful charges, but, no matter what they say, you have just as much right to reclaim from them as from any other credit card company or bank.

 

However, you are calling the shots, it's your timetable and if they cannot produce the information which they are required to do in 40 days, then they will be in default.

 

On the other hand, you have stated a precise amount which you wish to reclaim, suggesting that you already have the appropriate statements. If so, then you can press on with your claim.

 

Start a thread for this claim and, if you are unsure of how to proceed, there will be some experienced Site Helpers and claimants around to assist you.:)

 

Elsinore

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Go here - http://www.consumeractiongroup.co.uk/forum/citicards/, scroll down to the bottom of the page and just underneath the list of threads you'll see a 'new thread' icon.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 1 month later...

Elsinore,

 

Have you got a court date yet?

 

Im just about ready to submit my AQ. Thanks again for your advice regarding their defence they sent to me.

Lloyds TSB - £2808 Settled in full 15/11/06

HSBC - Settled £810.56 in full 11/11/06

BarclayCard - Data Protection Act sent 05/09/06

Failed to privide information - Complaint issued to the Information Commissioners Office 12/10/06

NatWest - £54 settled in full 15/11/06

Capital One - Prelim Letter sent 16/10/06

LBA sent 30/10/06

CitiCards - Prelim Letter sent 29/09/06

LBA sent 10/10/06

Claim issued 04/12/06

Acknowledged 07/12/06

StyleCard - Cheque for £130.00 recieved 20/10/06 - FULL SETLLEMENT!

RFS - Settled in full £494 08/1/07

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Elsinore

 

I'm a little bit ahead of you but i was wondering if i could borrow for a little bit of advice re: what to say in court.... my post is below yours on board....

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

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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  • 2 weeks later...

Phoned court today to see how things were going. as it is 2 months since I submitted my AQ. Clerk has promised to call me back to advise status, when she locates the papers!:o Apparently they are overwhemed with claims, to the extent that they are farming some out to other courts.

 

Citi did not send me a copy of their AQ, even though I sent them a copy of mine. Surely an oversight on their part:rolleyes:, there can't possibly be anything in it that they wouldn't want me to see before court, can there?

 

I'll write to the court and ask for a copy to be sent with the order.

 

Els

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No doubt they've requested transfer to Salford in their AQ, hence why they haven't sent you a copy. You can request one from the court though.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Michelle, my friendly, neighbourhood court clerk duly phoned back to say she had found my case papers and it had been allocated to small claims court. No need to write in for a copy of Citi's AQ she said, because she had added a note to the file for a copy to be sent with the order. But it will still be a week or two before I get it!

 

Michelle apologised on behalf of the court for the delay. She was pleasant, helpful and efficient. Very refreshing!:)

 

Els

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She was pleasant, helpful and efficient. Very refreshing!

 

Bizarre I come across one in B&Q today as well - so much so he prompted me to write a letter of praise to the manager - I have no experience of this!:D

Consumer Health Forums - where you can discuss any health or relationship matters.

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Bizarre I come across one in B&Q today as well - so much so he prompted me to write a letter of praise to the manager - I have no experience of this!:D

 

 

Hi,

 

Hmmm! Letter of praise!!!??

 

Now that is a new concept!:lol:

 

It will never catch on!

 

 

Jeff.

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Preliminary Hearing 12th April 2007. Extracts from the order as follows:

 

1. The claim is allocated to the Small Claims Track.

2. The claim shall be listed for a preliminary hearing on the first available date with a time estimate of 10 minutes at which the judge will consider how the calim should be conducted.

The preliminary hearing is required because the court wishes to assess and limit the amount of disclosure that may be required to determine the issues

Usual bits about non-attendance and rights to apply.

 

No copy of Citi's AQ though, so my court friend let me down! I'll write for a copy, pointing our that not to have one prior to the prelim will put me at a disadvantage.

 

Els

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Dear Sirs

 

Re Claim NoXXXXXXXX Elsinore v Citi Cards

I have received the order from the Court setting a date for a preliminary hearing on 12th April 2007.

 

I would be grateful if you would supply me with a copy of the Defendant’s Allocation Questionnaire. I sent a copy of my AQ to the Defendant on 23rd January 2007 but to date the Defendant has not returned the courtesy by sending me a copy of its AQ.

 

For me to be to be denied a copy of the Defendant’s AQ will put me at a disadvantage when attending the preliminary hearing and will prevent me from putting forward informed arguments.

 

Yours faithfully

 

Els

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  • 3 weeks later...

I've PM'd you.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Els,

 

Didn't realise yours was today!

 

Best of luck mate

 

Kano

Lloyds TSB - £2808 Settled in full 15/11/06

HSBC - Settled £810.56 in full 11/11/06

BarclayCard - Data Protection Act sent 05/09/06

Failed to privide information - Complaint issued to the Information Commissioners Office 12/10/06

NatWest - £54 settled in full 15/11/06

Capital One - Prelim Letter sent 16/10/06

LBA sent 30/10/06

CitiCards - Prelim Letter sent 29/09/06

LBA sent 10/10/06

Claim issued 04/12/06

Acknowledged 07/12/06

StyleCard - Cheque for £130.00 recieved 20/10/06 - FULL SETLLEMENT!

RFS - Settled in full £494 08/1/07

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