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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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After judgment gained against LBL have they paid out on the Judgment


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Have a read through this, and start by writing down all the points where LBL have not done as they're required to do as a starting point.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1102655.html

 

Read this too, again making notes of where LBL have gone wrong, and any legislation quoted so that you can quote it yourself.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Look up any legislation here, print it off (you'll need three copies when you put your court bundle together so might as well start getting prepared now and save yourself the stress later;)). Most importantly - READ IT.

 

Office of Public Sector Information

 

You can then use the information you have learned to start putting together a draft for your application. Post it here on your thread so people can help you tidy it up, and add their suggestions too.

 

Just do it step by step and you'll get there.;)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Many thanks I will get on with it now thanks again

 

No problem. Should keep you busy for a while, but there really is no substitute for hard work to make sure you have a good case in court and can stand your ground.;)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Encyclopaedia of the laws of England, being a new abridgment

 

Hi I have found something today that makes me very uneasy and its a ref LBL have thrown at me. It goes against everything that I believed the Act to be. I no so many people on here are using it as their main arguement to void the BOS. I have had dealing with a certain firm of solicitors name not mentioned lol but one of my conversations was about this issue, they support what this ref states. The BOS must be attested.....

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Hi guys I have found something that I think is quite exciting I have found the way to maybe put these people or at least the one that make the decisions in LBL .archive.org/stream/encyclopaediaofl02polluoft#page/135/mode/2up Pay attention to Affidavits may be sworn.... Enjoy because I would say if they have been sworn in the correct way that it possibly be their acting solicitor that Sworn to Oath lets hope so.

 

Also if the BOS must

 

 

 

The mode of registration read carefully

.archive.org/stream/encyclopaediaofl02polluoft#page/133/mode/2up

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Encyclopaedia of the laws of England, being a new abridgment

 

Hi I have found something today that makes me very uneasy and its a ref LBL have thrown at me. It goes against everything that I believed the Act to be. I no so many people on here are using it as their main arguement to void the BOS. I have had dealing with a certain firm of solicitors name not mentioned lol but one of my conversations was about this issue, they support what this ref states. The BOS must be attested.....

 

 

Hmmm, read page 130 to 131, makes very intreasting reading, i wonder if the site team needs to take a look.

 

Don't worry, yours from the paperwork is void. Someone else has signed it, its not got the witness name and address either. what have they thrown at you?

 

trooper68

Trooper68:)

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Hi guys got sussed Me and my McKenzie Friend have looked at the BOS legislation. It is so simple if you take a step back and look at it in the simplest of ways. It as follows

 

Borrower Signature...... the said A.B

 

SIGNED IN THE PRESENCE OF; E.F (the lender being C.D)

 

Credible witness must not be a party to the bill although they can be an employee of the lenders; as long as they are not a party to, or would financially benefit from, the commission earned from the loan.

In other words - the agent that signs the credit agreement cannot therefore be a witness on the BOS because they are a party to the bill.

 

Also there must be a description (residence and occupation) of the borrower and the witness on both the BOS and the affidavit. If no occupation is described, and it can be proved that the occupation was known, that will in itself void the registration of the BOS.

 

So guys there are lots more very good goodies that are as powerfull, Perjury is the best one so far. If the solicitor to the lender has sworn the affidavit he could be facing an all inclusive holiday at Her Majestys Pleasure destination PENTONVILLE. Hows that for a good Sunday morning work then guys.

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Can it be proved that the occupation was known?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Can it be proved that the occupation was known?
"But if the party impeaching the registration can prove that the grantor or witness thus described had, in fact an occupation, the registration will be invalid."

I dont have to prove anything just the fact that, it is another requirement> that states that there must be the following information for both borrower and witness

 

 

BILL being the borrower

 

Borrower Signature

Borrower Address

Borrower description (occupation)

 

The same information should be on the signature part of the form for the witness

 

BEN being the witness

 

witness signature

witness address

witness description ( occupation)

 

There has to be two peoples names (signatures) on the BOS. as shown above (Bill & Ben)

 

LITTLE WEED is the underwriter for the lender

 

LITTLE WEED - is the underwriter that signs the Credit agreement, therefor LITTLE WEED cant sign the BOS as the witness because LITTLE WEED then is party there to the bill; as LITTLE WEED is benefiting financially on the commission earned from the agreement.

 

BEN can be a witness to the BOS and yet be an employee or agent for the lender

 

How they have got around this to confuse people away from this point is there are only two signatures BILL (borrower) BEN (lender) on the CA. And BEN (borrower) and LITTLE WEED (witness) the BOS There has to be three people present (BILL, BEN AND LITTLE WEED) to sign all relevant documents not just the two (BILL and BEN )as they have done. This means there has been no credible witness. LITTLE WEED

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"But if the party impeaching the registration can prove that the grantor or witness thus described had, in fact an occupation, the registration will be invalid."

I dont have to prove anything just the fact that, it is another requirement> that states that there must be the following information for both borrower and witness

 

 

BILL being the borrower

 

Borrower Signature

Borrower Address

Borrower description (occupation)

 

The same information should be on the signature part of the form for the witness

 

BEN being the witness

 

witness signature

witness address

witness description ( occupation)

 

There has to be two peoples names (signatures) on the BOS. as shown above (Bill & Ben)

 

LITTLE WEED is the underwriter for the lender

 

LITTLE WEED - is the underwriter that signs the Credit agreement, therefor LITTLE WEED cant sign the BOS as the witness because LITTLE WEED then is party there to the bill; as LITTLE WEED is benefiting financially on the commission earned from the agreement.

 

BEN can be a witness to the BOS and yet be an employee or agent for the lender

 

How they have got around this to confuse people away from this point is there are only two signatures BILL (borrower) BEN (lender) on the CA. And BEN (borrower) and LITTLE WEED (witness) the BOS There has to be three people present (BILL, BEN AND LITTLE WEED) to sign all relevant documents not just the two (BILL and BEN )as they have done. This means there has been no credible witness. LITTLE WEED

 

 

Its looking good, Void, see this what happens when they think they have you...

Which means it's a gift? correct? Site Team?

trooper68

Trooper68:)

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I am just about to start my application to the High Courts, The attestation of the execution of the BOS is just one of the grounds that I can void this bill of sale. At a glance I can see four points that will void the BOS without question. One of them will bring a very nice compensation package. lol

 

Then I have to start on the C.A.

I no it will be severely batter and bruised, from the fall out effect of the evaporation of the BOS, I don't want to just rely on the Void BOS tarnishing it I want it removed so that it is never going to be arguable nor enforceable by LBL.

Then there is the question of The Debt Collection guidance the number of serious breaches to that are shamefully long

 

I would like to ask if any one would no is it with the High court application I submit my counter claim for damages

 

If anyone needs any help with this PM me and I will try and help beast I can.

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I am just about to start my application to the High Courts, The attestation of the execution of the BOS is just one of the grounds that I can void this bill of sale. At a glance I can see four points that will void the BOS without question. One of them will bring a very nice compensation package. lol

 

Then I have to start on the C.A.

I no it will be severely batter and bruised, from the fall out effect of the evaporation of the BOS, I don't want to just rely on the Void BOS tarnishing it I want it removed so that it is never going to be arguable nor enforceable by LBL.

Then there is the question of The Debt Collection guidance the number of serious breaches to that are shamefully long

 

I would like to ask if any one would no is it with the High court application I submit my counter claim for damages

 

If anyone needs any help with this PM me and I will try and help beast I can.

 

Hi Buddy. I suspect it would be County level, the courts decide I think, is the value of the car and payments higher than 5k? Perhaps one of the site team could advise. Anyway Its looking better and better....

Show no mercy, they didn't.

Oh my dog is fine, that will teach them to start acting like hard men, he screamed like a little girl...

 

trooper68

Trooper68:)

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Hi guys I have found something that I think is quite exciting I have found the way to maybe put these people or at least the one that make the decisions in LBL .archive.org/stream/encyclopaediaofl02polluoft#page/135/mode/2up Pay attention to Affidavits may be sworn.... Enjoy because I would say if they have been sworn in the correct way that it possibly be their acting solicitor that Sworn to Oath lets hope so.

 

Also if the BOS must

 

 

 

The mode of registration read carefully

.archive.org/stream/encyclopaediaofl02polluoft#page/133/mode/2up

 

 

err the links go no where...

Trooper68:)

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Hi guys need help the whole case has changed the car has been sold. Now I can come forward with really what happened. This so called mate stole my logbook and had it put in his name. The car had been sat outside my house for almost a year. So no reason to keep eye on paperwork. I had been trying to put it back on road from July last year onwards.He put loan on car in September without my Knowledge. I cant understand how he did it because the car didnt even start. Engine had blown up in December 07.having only been back on road 4 5 weeks after accident repair. The first I knew of loan was in January this year when ballifs turned up. I went crazy at him. We said if I go to police i would regret it ans said he will sort it thats when he told them that he had borrowed the cash that i had just paid new engine and labour and said he couldnt pay me back so he gave me car as payment.He called them telling them bouty giving car to me as payment But didnt make any effort to pay for car. So in July they took it. Then I got a solicitor to fight them and I went along with it because I was scared of what he would do to me and my business. He didnt make any effort to get car back and solicitor wouldnt deal with me because I had a claim on him, so he didnt do anything further on the case nore did he make payments. I then started to fight this myself but I couldnt even get him to sign paperwork for court case to get it back. I found out yesturday it has been sold. I now have gone to police and told them. They have spoken to him and he has said I gave him permission I no he will get away with it. And police spoke to LBL. I no the police will ignore it and put it to civial. He has done simular to this before. That is why I would never had done this and allowed him to put finance on it cause I no he would never have paid it. I now under big threat again he says he is going to set me up and put me away. Im so scared but I need to get car back I have lost the car plus nearly three grand I have spent on it in the last year. The police will say it civil cause how do I prove I didnt give him the logbook his word agaisnt mine

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I reported it yesturday because I was being threatened. The car was sold before LBL where told of the thieft they where told it was mu car in Jan because of cash I spent on car. They now no it was a stolen LB but I not talked to them yet, this has made me ill and doc wanted me in hosp last night cause head ach so bad and they couldnt treat me cause I was on own. I couldnt go cause I dont have a car to get back my head is busting still but I got to try get on with this. I have covered him because he threaten me badly if I went to the police. That why he came up with the money story. It is true I did spend all that cash on car. He said he would get it back but he has not done a thing

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yes I told them it was not his car because of the cash I had spent on it I didnt tell them it never was his in first place cause he was going to hurt me

But the fact I had put engine in car gives me an equatable ownership of the car under BOS rules

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