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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.

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      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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In Court with Cabot/Morgans


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I was up in Court one day last week, due to a credit card debt. The hearing was changed to a directional hearing as the judge could not read the agreement (illegible), even though Cabot blew the document up.

 

I used CPR16 (7.3) and stated that the original should be available at the next hearing however, Cabot said it could not be produced as it has been destroyed, and the judge said that they had to provide a detailed witness statement stating this for the next hearing. I am concerned that the Court is going to ignore CPR16 and hear the case, I would appreciate some advice if anyone can help.

 

They also tried to use Carey Vs HSBClink3.gif although, I pointed out that this was not relevant as the debtor had brought action against the creditor in that case, I am getting worried over the next hearing as I assumed CPR16 would have to be adhered too?

Vodafone - Default removed (07/01/07).

MBNA - Claim settled with contractual interest and adjusted credit file to show no late payments (12/02/07).

CABOT - Taken to Court by Cabot/Morgan over alleged credit card debt, case dismissed (06/12/10).

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Interesting post.

I too am due in court against Cabot/ Morgans for a CC account so will be following with eagerness!

I think your case may be at a slightly later stage than mine but incase you want to see the tactics used in my case feel free:

http://www.consumeractiongroup.co.uk/forum/legal-issues/269386-hearing-scheduled-have-ccj.html

 

Good luck

 

BTK

Cabot At Court Stage

Barclaycard Settled, Amount Written off :D 12/02/09

Cabot At Court Stage(2nd account)

Skycard Now with Capquest, Threatinging SD

Next No CCA received, in dispute sent. Nothing heard for over a year

HSBC No CCA received, in dispute sent

EGG S.A.R sent 04/02/09

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Thanks BTK,

 

I have read your thread and it is very interesting, PM me a contact number and I will tell you more if you want to know.

Edited by dave354uk
changed text

Vodafone - Default removed (07/01/07).

MBNA - Claim settled with contractual interest and adjusted credit file to show no late payments (12/02/07).

CABOT - Taken to Court by Cabot/Morgan over alleged credit card debt, case dismissed (06/12/10).

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If this agreement is illegible it is unenforceable. You need to read what the CCAhas to say about this.

 

If they should come up with a WS statement then it needs to be ripped apart as to who approved the original agreement, who archived it - you need to drag all of these into the argument. How can someone in 2010 say that they were there in 2005 (or whenever) and could personally swear under oath that this form contained a legible version of these T&Cs.

 

The Judge should throw this out on illegibility. Don't have links but find the CCA and research the regulations too with regard to legibility. You also need to state that you have been prejudiced because of this.

 

Also if it is pre 2006 then the court has no discretion in the matter and as long as you plead prejudice they cannot enforce it. (and if they do put in an immediate appeal)

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Thanks Rhia,

 

The agreement is from 2000 Cabot are saying that it is industry best practice to destroy the original agreement, this is complete rubbish. I think it would have been set aside however, I am counterclaiming for them processing my data, maybe that is why the judge gave them a chance to get the original, or a detailed witness statement.

Vodafone - Default removed (07/01/07).

MBNA - Claim settled with contractual interest and adjusted credit file to show no late payments (12/02/07).

CABOT - Taken to Court by Cabot/Morgan over alleged credit card debt, case dismissed (06/12/10).

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Just another thought. When did you last pay anything on it or admit you owed anything? If it's over six years ago then the debt is Statute Barred. It will still exist but they can't take court action to enforce it. Cabot has been trying it on with a few cases like this.

 

And yes if they cannot produce the original agreement then they cannot prove they had your explicit permission to process your personal data - includiang any default.

 

Don't take any nonsense from Cabot - they are cute (being very diplomatic here) they try on all the angles they can.

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The debt is not statute barred, it was in serious dispute with MS and the next thing I get a hello letter from Cabot. I am thinking about applying to get it set aside however, I cannot put the details on this forum, I am hoping that someone can help me with this.

Vodafone - Default removed (07/01/07).

MBNA - Claim settled with contractual interest and adjusted credit file to show no late payments (12/02/07).

CABOT - Taken to Court by Cabot/Morgan over alleged credit card debt, case dismissed (06/12/10).

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