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    • First begging letter received from Overdales   ;Blah blah blah, our client's are going to win this blah blah blah we supplied all your documents under CPR   PS you can stop all this by paying £1200 less in a lump sum
    • Right,  so the court hasn't send out the Directions Questionnaires/N180s yet. PE's one is a false one, meant to intimidate you into thinking your defence was rubbish and they are confident with their claim. This is par for the course.  The PPCs do this regularly. However, PE have gone further and written that "a copy has also been filed with the court" which is a lie as the court haven't even sent out the papers yet. Keep a screenshot of MCOL, later on in your WS you can draw attention to their lying and abuse of court procedure. If you've got time on your hands, then complain to the BPA about one of their members lying.    
    • We need documents to be uploaded in PDF format. Uploading in Microsoft Word format discloses personal details relating to you which you should not be sharing. Click upload – to understand what to do. How did you pay for the vehicle? You start by saying that you should have walked away – yes you should. Not only because of the reputation of this company but also if the transaction isn't perfect you shouldn't get involved and you certainly shouldn't be taking the word of some used car dealer. Big fail! Why are some of your letter in black and some the in red? When you get some of the ideas in there – have you use a template from somewhere else? They aren't interested in a delay caused by some fire alarm or something. They certainly aren't interested either by the distress you are suffering. They have hundreds of customers who become victims of this kind of thing. All of those customers suffer distress. Big Motoring World don't seem to be very bothered. What are the faults which exist with the vehicle now? Is it just the splashing? Where is the splashing? What is it that is splashing?   Do I also understand that you purchased the vehicle without trying it at all and the first time you were in it and had splashing was after you had made the contract?
    • A claim was issued against you on 22/04/2024 Your acknowledgment of service was submitted on 06/05/2024 at 13:28:08 Your acknowledgment of service was received on 07/05/2024 at 01:05:18 Your defence was submitted on 23/05/2024 at 21:20:03 Your defence was received on 24/05/2024 at 08:05:43
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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 
      • 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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'valid' reasons for credit card interest rate alterations


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You could also send your explanation in to the CRA and they have to publish that too - if for instance the accounts were in dispute because you did not agree with the balance due or interest charges or any mis-sold PPI that would at least present a reasonable explanation and a balance to it -

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You could also send your explanation in to the CRA and they have to publish that too - if for instance the accounts were in dispute because you did not agree with the balance due or interest charges or any mis-sold PPI that would at least present a reasonable explanation and a balance to it -

 

 

I'm sure that a CRA will insert a notice of correction for upto 28 days. That means the person holding the account must make a responce within that time - adjust, deny or confirm changes. Once done the NOC will be removed. I don't think there's a facility for you to attach notes with no time limit.

 

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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Hi there ! I mean 'unenforceable'' the recent case with Royal Bank of Scotland and McGuffrey recently where the borrower had never made any payments under a loan agreement and he sued via his claims advisor on grounds he could not be defaulted if agreement was unenforceable - judge held that even if the agreement is unenforceable the debt is still there and thus can be reported to the CRA's. It is potentially unfair and much depends on having good credit rating. I have a mortgage so as long as I can keep up with that I don't need any more credit my job now is to hang onto what Ive got. It sounds a tough situation arising in your case can you get help somewhere or a housing association place ?

 

I'm not sure why everyone is so upset by the McGuffick verdict.

 

The case was about an enforceable agreement that became unenforceable only whilst RBS located the agreement and then subsequently whilst the bank refused to supply the required account statements in order to precipitate the hearing.

 

Of course the creditor had a right to issue a default. The debtor had not paid for 8 months against a totally valid loan account.

 

The idea an unenforceable agreement becomes completely void once declared unenforceable is also not right. It simply means (in this case at least) the creditor cannot enforce an otherwise valid agreement.

 

The judge himself in the case admitted it had little value as a test case entirely because of the very particular circumstance under which it arose, i.e. a temporarily unenforceable agreement.

 

As far as the Supreme Court judgement yesterday. I'm afraid again I have to agree with the judges. All they have stated is that the OFT cannot look into the unfairness of prescribed and published unauthorised overdraft fees because they are not separately agreed as part of a contract, they are "part of the price paid by the customer for the banking services provided."

 

The judges even suggested the OFT had "other avenues" open to them to fight this case.

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