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    • Hi, the vehicle went to Audi Chingford on Thursday 13th May. I did state beforehand that I only wanted a diagnostic. The technician out of courtesy opened the drain letting huge deposits of water escape the seals. Video evidence was provided via AUDI cam. The link for the audi cam has been forwarded to BMW and Motonovo. I spoke to branch manager explained the situation and he stated he would sent me an email outlining the issue. Audi state this is not really an issue and more of a design flaw. However, the seals still have water ingress. I purchased the vehicle with £0 deposit on a 60 months HP plan for £520.00. The vehicle total was £21000. I did not go for any extended warranty. I live almost 70 miles away from the aftersales centre in Peterborough. I have previously uploaded the document I forwarded to BMW however it was in word format. I have had to buy a new tyre almost three days after purchasing vehicle. BMW still have not compensated me for the v62 cost as they said they would. 
    • I would suggest that you stop trying to rely on legal theory – as you understand it. Firstly, because we are dealing with practical/pragmatic situations and at a low value level where these arguments tend not to work. Secondly, because you clearly have misunderstood the assessment of quantum where there are breaches of obligations. The formula that you have cited above is the method of loss calculation in torts. In contract it is entirely different. The law of obligations generally attempts to remedy the breach. This means that in tort, damages seek to put you into the position you would have been in had the breach not occurred. In other words it returns you to your starting position – point zero. Contract damages attend put you into the position that you would have been had the breach not occurred but this is not your starting position, contract damages assume that the agreement in dispute had actually been carried out. This puts you into your final position. You sold an item for £XXX. Your expectation was that you your item would be correctly delivered and that you would be the beneficiary of £XXX. Your expectation loss is the amount that you sold the item for and that is all you are entitled to recover. If you want, you can try to sue for the larger sum – and we will help you. But if they ask for evidence of the value of the item as it was sold then I can almost guarantee that either you will be obliged to settle for the lesser sum – or else a judge will give you judgement but for the lesser sum. This will put you to the position that you would have been had there been no breach of contract. I understand from you now that when you dispatch the item you declared the retail cost to you and not your expected benefit of £XXX. To claim for the retail value in the circumstances would offend the rules relating to betterment. If you want to do it then we will help you – but don't be surprised if you take a tumble.  
    • I was caught speeding 3 times in the same week, on the same road. All times were 8-12mph higher than the limit. I was offered the course for the first offense and I now need to accept the other 2 offenses. I just want to be ready for what might come. Will I get the £100 fine and 3 points for each of them or do I face something more severe?  These are my only offenses in 8 years of driving.
    • I'll get my letter drafted this evening. Its an item I sold, which I'm also concerned about, as whilst I don't have my original purchase receipt (the best I have is my credit card statement showing a purchase from Car Audio Centre), I do unfortunately have the eBay listing where I sold it for much less. But as I said before this is now a question of compensation: true compensation would seek to put me back into the position I was in before the loss ie: that title would remain with me until my buyer has accepted this, and so compensation should be that which would be needed to replace the lost item. But in the world of instant electronic payment, it could be argued that as I had already been paid, the title to the goods had already transferred, and I was required to refund the buyer after the loss. And so, despite my declared value being the retail price - that which is needed to return me to my pre-sales position, the compensatory value should be the value I sold it for, which being a second-hand item from a private seller is lower. I still believe that I should be claiming for the item's full value, rather than how much I sold it for, as this is the same for insurance: we don't insure the value we paid, but rather the value of the item to put us back into the position we would be in if we ever needed to claim. Its for the loss adjuster to argue the toss
    • amusing that 'bad economic judgement on behalf of prior party ISN'T a major reason to wingers to move to deform yet immigration is, where record levels of such has been driven by the right wings terrible brexit and the later incompetent dog whistle 'proposals largely driven to whistle to the right wingnuts Just seems to confirm the are clueless numpties 'wetting their own shoes   Has farage bought a property in Clacton yet?   yet concern for the NHS is listed as a major issue even by those saying they are moving to deform  
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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
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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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Do NOT EVER set up Direct Debits with DCA's (or anybody else either)


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Hi there

experienced Caggers will know this already but to those who are likely to get suckered in by "sweet offers of discounts" etc if you pay by Direct Debit

 

PLEASE NEVER EVER DO THIS. This gives the person to whom you are paying the money TO CHANGE THE AMOUNT AT WILL without telling you.

 

IMO this should be TOTALLY ILLEGAL but as we all know there is one law for Banks etc and another for the rest of us. I'm sure you've all heard horror stories about how some utility companies have increased peoples monthly direct debits HUGELYleaving no money left in the account.

 

If you want to pay a fixed some of money each month PLEASE DO THIS BY STANDING ORDER INSTEAD --this means you get THEIR bank details and tell your bank to pay in XXX per month and THEY CAN'T CHANGE IT.

 

NEVER EVER in any case pay a DCA by direct debit --we all know how honest DCA's are in the main don't we.

 

A Standing Order is the best way to pay a fixed monthly fee --then if people need or want more they have to ASK YOU rather than just being able to take it for themselves.

 

The whole Financial industry is so ONE SIDED that its about time the WHOLE SORRY STINKING MESS was properly sorted out including OUTRIGHT BANNING of selling on debts to 3rd parties.

 

Cheers

jimbo.

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Hi there

this doesn't actually get over the initial objection I have with Direct Debits as they put SOMEONE ELSE in charge of your money. It's up to YOU to decide how much to pay and to whom which is why I DETEST the whole idea of DD's.

 

Bill payments were always previously done by Standing Orders and it's up to the utility company or whatever to request YOU to change the amount --not for THEM to say WE will be TAKING XXX out of your bank account.

 

It's YOUR MONEY so YOU need to be in charge of it --NOT SOMEBODY ELSE.

 

Also with a DD YOU have to give THEM your Bank details. With a Standing order YOU get THEIR Bank details. YOU remain in charge.

 

Cheers

jimbo

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Gotta go with what jimbo said here tbh

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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Hi there

this doesn't actually get over the initial objection I have with Direct Debits as they put SOMEONE ELSE in charge of your money. It's up to YOU to decide how much to pay and to whom which is why I DETEST the whole idea of DD's.

 

Bill payments were always previously done by Standing Orders and it's up to the utility company or whatever to request YOU to change the amount --not for THEM to say WE will be TAKING XXX out of your bank account.

 

It's YOUR MONEY so YOU need to be in charge of it --NOT SOMEBODY ELSE.

 

 

Cheers

jimbo

 

 

I Agree wholeheartedly with this, but, in todays' Society life is very hard without a bank account and plastic. We all have exeriences of money 'missing' from our accounts, or wrongly taken from our account in a flash of an eyelid, and even if proved beyond a doubt it usually takes days for it to be refunded instead of the seconds to 'take'.

 

The look on shopkeepers, online dealers etc. when you say I do not have plastic. I remember one instance with Direct Line Insurance - I purchased a travel policy online automatically and sent a cheque, went away where luckily nothing happened and when I got hope a terse note from Direct Line saying - we do not accept cheques, so we don't want your business!!!

 

I have said on many threads before, it is going back to the days of keeping your money underthe mattress or in a biscuit tin. I would love to know how the safety on that compares to using banks and financial organizations these days?

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They should always give you 2 weeks notice if they are changing the amount. Tell your bank and they should refund.

 

The difficulty might be proving you was not informed however.

 

Whilst I tend to agree with the general advice of never setting up DD's with a DCA it is worth noting that would not be for you to prove you were not informed.

 

If you make a claim under the Direct Debit Guarantee your bank is obliged to reimburse you immediately and then take it up with the payee. If your complaint was not being given due notice of a change it would be for the payee to prove otherwise.

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Hi there

All I am trying to say here is that if you set up Standing Orders rather than DD's then YOU don't have to go through all this aggro when things eventually DO go wrong -- for example you could legitimately get a note saying your Electricity / Gas DD is being increased -- However say you were working away or not at home for a while the DD would have already gone through and it's hard reclaiming the money AFTER its gone --especially if your account has been raided so there is nothing left in it.

 

With a SO this CANNOT happen -- if prices rise you will have plenty of time to alter your SO. The Utility companies etc WON'T cut you off etc if there's a small shortfall for a month or two.

 

The point is that YOU need to be in control of YOUR money and NOT THE OTHER WAY AROUND.

 

The only reason DD's were invented was for Utility companies etc not to have to bother with a lot of paperwork each time they changed their tariff's.

 

As for letting a DCA have a DD ---- well would you invite a fox into the chicken coop.

 

Cheers

jimbo

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You're absolutely correct of course, we have been saying this on here for years.

Myself, i wouldn't pay a DCA anything, unless..

1. they have a genuine assignment from the OC

2. Following a CCA request, i am convinced its enforceable, and that i wouldnt have a fighting chance of defending it in court.

 

And if i did pay anything it would be either in cash or by PO!

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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When ever I use the DD facilities I always insist on a paper trail,

signed by me and posted back,causes a few days delay.

I always add hand written the following.

NOTICE the amount due must be claimed on and NOT before

the due date, the fixed amount of this DD must not be increased

without my express permission.

Only one company has moaned so I cancelled the order and bought cheaper

elsewhere.

No one can just raid your accounts at a whimm especially the energy crooks

just to make their figure look good!!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Best way to pay is by online bill payment you choose the day and the amount but just remember it can take up to 4 days to complete transaction.

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Best way to pay is by online bill payment you choose the day and the amount but just remember it can take up to 4 days to complete transaction.

 

Usually takes less than a couple of hours for on-line transactions to get to the creditors current / business account. What takes the 3-4 days is the money working through their own in house procedures to credit your card / loan account. They cannot say they didn't receive the money in time as they are only covering up for there own in-efficiency.

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Fortunatly it is quite easy to stop a DD. I used to pay my utility bills by DD, I say used to, I now wait for the bill and pay it then. I used to have a pre-payment meter, and when i moved to a new build I decided to go DD to save money. For about a year I Paid without fail, then I started to get threatening letters from a different company.

 

I had used a different comapny to the builders and my payments where going to pay the bill on a house that had been pulled down years ago. It took me ages to realise what had happened, and hours on the phone sorting it out, I had to get back all the money I had paid and pay the proper account. Needless to say I dropped the supplier. I then went for the one that offered me the best price, again I paid without fail for a year. After a year they read the meter, and wrote to me saying I was a few hundred in arrears and they would be putting my DD up to some obscene monthly figure that would have cleared my account (in fact the amount was so large the bank probably would not have paid it and charged me), leaaving nothing to pay other bills or even buy food.

 

I contacted them to queiry this and they assured me the DD would not go ahead, untill it was sorted. It turned they had underestimated my use in order to give me a low price in order to get me to sign up, plus I had been put on the wrong taffif. To be on the safe side I canceeled the DD anyway as I did not trust them. A little while later I got a letter say my DD had been returned by the bank (the DD they said they would not take)! In the meantime I contacted a charity to pay the arrears and started putting the money aside to pay the next quarterly bill.

 

I do pay a few fixed bills by DD, but all DCAs, Credit companies, and utility bills are paid by SO or in arrears on recipt of bill. I get my money every 2 weeks in arrears, they will get their in the same way. When i decide i can pay it not when they say.

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