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      If you are buying a used car – you need to read this survival guide.
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      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Enron v Citi ***WON***

Enron

By Enron
in Other Institutions Successes

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jalex_uk

jalex_uk

Posted
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Do I take it that Citi didn't even attempt to comply with the Disclosure Order? Did they even explain why they weren't, or simply just not respond to it at all? Amazing arrogance on their part, but unsurprising given their history I suppose.

 

Which Court are you going to? If its in London I wouldn't mind coming along - I've my own case against Citibank which is at an interesting stage now :)

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Enron

Enron

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Yep, they chose not to comply with the order which was dated 19th March 2007 giving them a 14 period to comply.

 

Instead they decided to deliver their standard defence documents to me on 25th July, which still have not adequately complied with the draft order.

 

Gonna be in Bristol tomorrow, so a little to far for you to travel unfortunately.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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jalex_uk

jalex_uk

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Oh shame you're so far off.. I would have liked to have heard in person how they're going to explain themselves.

 

Frankly I can't see how they hope to wriggle out of it - they look to be up $hit creek without a paddle.

 

Good luck though - I can't wait to hear how this unfolds! I hope you're going to post a detailed account of the proceedings :)

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Enron

Enron

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Yep, I will post an account as soon as I get back, though may neglect some details until an order is issued one way or the other.

 

The main thing is to prepare extremely well. I've redrafted my statement to court about 6 times, and it's pretty tight and concise now.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Stornoway

Stornoway

Posted
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Yep, I will post an account as soon as I get back, though may neglect some details until an order is issued one way or the other.

 

The main thing is to prepare extremely well. I've redrafted my statement to court about 6 times, and it's pretty tight and concise now.

Very best wishes and good luck ! I'm in court with them on the 10th and wouldnt mind a wee look at your statement if you are prepared to share it.

 

Cheers

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Enron

Enron

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It's good stuff, will let you have a copy of the text once the hearing is out of the way tomorrow.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Enron

Enron

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Been back for about an hour, but decided to put my feet up and have a little rest as i've been out all day.

 

Don't wish to pre-empt the order which will be sent out, but as the defence barrister wrote down all the details Citi should have them by now.

 

Ultimately Citi's default on the draft order which was adopted in this claim was seen in a very bad light by the judge. And Citi's submission of what is essentially it's standard defence 10 days before the hearing was remarked on.

 

Citi have till 4pm on 31st August 2007 to comply with the order or judgement can be enterred in default

 

Link to template for draft order: http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html?highlight=draft+order

 

If any other claimants get to the AQ stage, get in touch with me as I have something that will help get the draft order adopted in your claims.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Enron

Enron

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I'm not counting my chickens before they hatch, it could be a case that Citi decide to provide a breakdown to validate their pre-estimate costs.

 

Question is which pre-estimate, the £12.88 or the £13.47 one?

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Stornoway

Stornoway

Posted
Posted

Nice one Enron but why oh why do the courts keep giving these jokers so much extra time - 10 days would surely have been long enough.

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Enron

Enron

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The courts have to appear to be fair to both parties, think also something to do with the listing time for hearings - 28 days was mentioned.

 

They have till 31st August 2007 to comply with ther order, if they don't I can call for judgement by default.

 

The first available slot after the 1st September 2007 will be allocated for the next hearing.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 2 months later...
Enron

Enron

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****claim Won****

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Enron

Enron

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Working on it to hide some personal details will go up in a mo.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Enron

Enron

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As Citi should have received a copy by now, and a duplicate has been sent by myself of these here are the case management details:

 

http://i26.photobucket.com/albums/c104/telso/citi/a.jpg

http://i26.photobucket.com/albums/c104/telso/citi/b.jpg

http://i26.photobucket.com/albums/c104/telso/citi/c.jpg

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Enron

Enron

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Will let everyone know how I get on.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Enron

Enron

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Yep, it was Mr's.Smith and Travis who handled the case.

 

I got a bit of a slap on the wrist for writing to the court directly, however as i've never taken someone to court was unaware of procedure... unlike those in Salford.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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bacon sandwich

bacon sandwich

Posted
Posted

Sweet as a nut Enron!

 

I'm still waiting to hear about my appeal for the general stay to be removed from my case. The judge in your letter makes a good point about this.

 

Had to laugh yesterday. I got a letter from a fake debt collector yesterday (it's actually Citi playing silly buggers but looks scary!) Phoned them to let them know that the court case was still going ahead and you aint getting a penny from me, but I'm getting lots from you!

 

Any news on the OFT v Fascist Pig Banks?

 

Mike

Mike

 

Champion of the people against the evil and corrupt banking industry! :whoo:

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Enron

Enron

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All the credit card companies promised to abide by the OFT report which was issued 5th April 2006, as shown by Citi's reduction in charges to the maximum of £12.

 

As such the pending OFT court case against the banks relating to current accounts shouldn't be applicable to credit cards.... though some are still placing stays on these.

 

I'm considering to make my case management decision sheets open to all future claimants to use when submitting their AQ, to let courts know of the kind of tactics Citi use - albeit this might be dependent on whether I have to take enforcement action against them.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 2 weeks later...
mkandy

mkandy

Posted
Posted

Excellent news, well done!

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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Enron

Enron

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Received a letter from David Travis today to say that the amount of my claim had been deducted from my ever deminishing balance that I still have with them. So looks like its been paid.

 

However will wait for that to appear on my statement before informing Bristol CC that the claim has been settled, guess dealing with Msr. Smith & Travis have taught be to be cautious in the extreme.

 

Will still pop in here and help people still though as I fundementally disagree with the stance that Citi have taken.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 4 weeks later...
Enron

Enron

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It might seem an uphill struggle, and be akin to getting blood out of a stone.

 

But that stone does bleed, and despite their assertions to the contrary Citi do lose claims.

 

citi.jpg

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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