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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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Welcome Finance PPI and Mr Z ** SUCCESSFUL OUTCOME **


citizenB
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Seems like you've got em on the ropes. Good look with this!

 

PW

 

Thank you for your support! Yes they are nearly ready for the pronouncement of defeat in this case. :)

 

Updates coming soon.

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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Good luck - about to look for original rejection letter I got long before aware of CAG, also had an email rejection when tried via the compensation scheme stating it was the broker.

 

Intend

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  • 6 months later...

Just a short update to say that I am in trial today with Welcome. I must say I am very surprised that they have defended this far and have not fully settled (under valued offers were made early on).

 

The trial has been listed for a full day, and is expected to take the entire time allotted. I do not expect a decision by the Judge today, but I am hopeful of some success.

 

Watch this space for an update later this evening.

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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Yes, indeed.. Very best wishes for today :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks everyone for the well wishes. The trial didn't finish and has been adjourned for the next available date.

 

So far so good.

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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Thanks everyone for the well wishes. The trial didn't finish and has been adjourned for the next available date.

 

So far so good.

 

Sounding positive :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 4 months later...
  • 1 month later...

I am happy to update this thread and announce that my case was a success.

 

After a much longer (and expensive) battle than expected, the claim was settled by Welcome.

 

What was originally listed as a one day fast track trial, ended up being a four day mult-track trial.

 

On the last day, the day that the parties were to give submissions, Welcome decided to settle the claim.

 

The terms of the settlement are confidential and I am unable to go into any details about it, but suffice it to say, I WON!!!

 

I would like to thank all of those CAGers, some who are no longer active on the site, for all of their help and guidance.

 

There is great satisfaction in knowing that you can fight back and win!

 

Thanks to everyone who has been commenting and following this thread for so long.

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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Excellent news - I am sure all those who have followed this will be very happy for you.

 

I will amend your title t to reflect success. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Excellent news - I am sure all those who have followed this will be very happy for you.

 

I will amend your title t to reflect success. :)

 

Thank you! I was celebrating all day and evening yesterday after the outcome.

 

Whilst I cannot disclose specifics about the settlement, I can hopefully shed some light on some points of law and other issues raised during the trial.

 

Aside from that it was quite satisfying to see Welcome brought down from their high horse! :)

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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well done

 

I know you went through hell wit this

 

and at times needed to be encouraged a bit to continue

 

glad to have helped

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you!

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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  • 6 months later...

You have given me the confidence to go down the court route - will probably need it for both Welcome and the Funding Corporation. I have no experience but hopefully with the help of CAG I will be able to get a success outcome.

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