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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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Sheriff puts Bank of Scotland to proof on bank charges


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I was thinking more of this part.

 

The aim of Article 6 of the Directive, which requires Member States to lay down that unfair terms are not binding on the consumer, would not be achieved if the consumer were himself obliged to raise the unfair nature of such terms. In disputes where the amounts involved are often limited, the lawyers' fees may be higher than the amount at stake, which may deter the consumer from contesting the application of an unfair term. While it is the case that, in a number of Member States, procedural rules enable individuals to defend themselves in such proceedings, there is a real risk that the consumer, particularly because of ignorance of the law, will not challenge the term pleaded against him on the grounds that it is unfair. It follows that effective protection of the consumer may be attained only if the national court acknowledges that it has power to evaluate terms of this kind of its own motion.

 

i.e the court should raise this of its own motion at no risk of cost to the consumer.

 

Where's this part from in the EC directive?

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How about Article 3(2) of the EC directive: Perfect for banking contracts. Using this, there would be no need for a court to assess unfairness since it is always unfair by law. 3(1) has been implemented as Ref 5(1) UTCCR but where is (2). If the bank states any term has been negotiated, its for them to prove. Anyone?

 

1. A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

 

2. A term shall always be regarded as not individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term, particularly in the context of a pre-formulated standard contract.

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Wait a wee minute Jimmy! Whit's this aboot an English Parliament?

 

There are currently 2 (twa) Parliaments in the UK the noo - wan in Edinburgh run by Scotsmen and the UK Parliament in London - also run by Scotsmen!

 

Wales and Northern Ireland only have Assemblies - because they were conquered - but Scotland was NEVER conquered - and never ruled by an ENGLISH Parliament.

 

BD

So why have we got a Scottish git running English parliament instead of the Scottish parliament? Wasn't he good enough for a Scottish parliament? Are you passing on your bottom of thje barrel politicians to us :D

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So why have we got a Scottish git running English parliament instead of the Scottish parliament? Wasn't he good enough for a Scottish parliament? Are you passing on your bottom of thje barrel politicians to us :D

 

Listen guys I certainly aint Helen of Troy

 

sheeeez ...not another civil war...;-):)

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So why have we got a Scottish git running English parliament instead of the Scottish parliament? Wasn't he good enough for a Scottish parliament? Are you passing on your bottom of thje barrel politicians to us :D

 

If you go back to 1603 you will see we gave you a Scottish King to run you lot way back then - and since 1707 we Scots have usually been in the front row of the UK (NB - Not ENGLISH) Parliament - even if you want the big one eyed Scot put out of power - just think - where does the name Cameron come from?

 

BTW - even the bottom of our barrels has some bl**dy good stuff still left in it sonny boy!

 

BD

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If you go back to 1603 you will see we gave you a Scottish King to run you lot way back then - and since 1707 we Scots have usually been in the front row of the UK (NB - Not ENGLISH) Parliament - even if you want the big one eyed Scot put out of power - just think - where does the name Cameron come from?

 

BTW - even the bottom of our barrels has some bl**dy good stuff still left in it sonny boy!

 

BD

 

This is not really the place for this drivel.

History is whats happened- It goes with Remember.

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If you go back to 1603 you will see we gave you a Scottish King to run you lot way back then - and since 1707 we Scots have usually been in the front row of the UK (NB - Not ENGLISH) Parliament - even if you want the big one eyed Scot put out of power - just think - where does the name Cameron come from?

 

BTW - even the bottom of our barrels has some bl**dy good stuff still left in it sonny boy!

 

BD

 

 

Hee! Hee! Hee!

:grin:

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oh we all love the GLC! Well done!:D:D:D

 

I'm a bit thick with the s140 of the CCA argument though, as didn't this come into force in 2008 - where does that leave those of us with charges before 2007/2008?

 

I know I'm jumping the gun a bit but I can't wait to start planning my next attack on those smug gits at Barclays!!!;)

WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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Well , I have two cases that were stayed. Both stays are lifted and the hearings are in April & May.

 

I could do with the amended POCs now, or a strategy to delay the hearings. It seems dumb to go to court and risk losing, whilst a more professional case is happening at the same time.

 

Unless of course, the strategy is full steam ahead and get the banks to make an offer.

 

Any advice urgently needed.

Its WAR

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Apparently an angry Scot :D

 

 

An angry Scot who clearly needs a slap to put him back in his box.

 

Slap to be administered on May 6th.

 

What all this about a Scottish Parliament?

 

Its an Assembly. You can have a Parliament when you get cast adrift, along with your rusty old empty oil wells.

 

(We got the Falklands oil to play with now) 8-)

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Where's this part from in the EC directive?

 

Links originally posted by M2AE on another thread here

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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Click the * on the post you found helpful.

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I wonder how they will attempt to defend this one ?

 

Since they have stated in supreme court that the charges are cross subsidies they cannot now say they are administrative.... OOOPS

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

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i had a hardship claim partially settled last year(out of court) pending the results of the test case at £3300 less than the total of charges and stat interest

 

if this did work and as it is a new angle would i be able to go after the remainder of my claim as a new claim

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if this did work and as it is a new angle would i be able to go after the remainder of my claim as a new claim

 

Yes, you can still claim the remaining amount, anytime, so why not give it a go?

 

Any refund during the test case MUST have stated it's not in full and final settlement, as per the FSA waiver rules.

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