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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.
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      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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HFO Claimform - old M&S Store card **DISCONTINUED**


MAGDA
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Many thanks all, and thanks for your help as well. It didn't go to court, they have just discontinued, literally days aways from trial. Watsons had arranged a great barrister for me also, someone known for his expertise in consumer law, so that helped as well. I am just so over the moon that HFO haven't succeeded - they've obviously spent a lot of money so far as it has practically reached trial, so that brings a smile! I have to say Watsons really are a genuine lot, they are about the only firm I know of who handle so many of these cases and obviously stand to gain nothing at the end, if they lose. I also think this forum is fantastic, this is where I started a number of years ago when I knew absolutely nothing about consumer law or consumer rights, so keep up the good work!

 

Many thanks to the HFO fan club!

 

Magda

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I’m surprised in some ways that they back down so easily on M&S accounts, as they had a CC licence when they bought them, and the agreements are usually there somewhere. Think they may have lost the will to fight any cases. Which is rather good, cos they deserve to be kicked from here to eternity for the untold and unwarranted misery they have caused to so many vulnerable people through their lies, deception and bullying.

 

Just need their licences revoked now.

 

The main thing I’m keeping a close eye on is who eventually gets hold of the assets of HFO Services – and there are a lot of account assets and judgments sitting there (which were supposedly assigned from HFO Cayman). Hope there’s no mis-valuing of assets going on...

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I’m surprised in some ways that they back down so easily on M&S accounts, as they had a CC licence when they bought them, and the agreements are usually there somewhere. Think they may have lost the will to fight any cases. Which is rather good, cos they deserve to be kicked from here to eternity for the untold and unwarranted misery they have caused to so many vulnerable people through their lies, deception and bullying.

 

Just need their licences revoked now.

 

The main thing I’m keeping a close eye on is who eventually gets hold of the assets of HFO Services – and there are a lot of account assets and judgments sitting there (which were supposedly assigned from HFO Cayman). Hope there’s no mis-valuing of assets going on...

 

Hi Donkey - well, think it was because Watsons had spotted a lot of other problems with HFO's case - things which I'm sure I wouldn't have noticed, because obviously that's their area of expertise. All in all, we had a really strong case, not just based on the agreement but a lot of other things as well. I think HFO's barrister probably weighed up the pros and cons and decided it just wasn't worth going ahead, which I was more than happy about! If HFO hasn't lost the will to fight any cases, they soon should hopefully! Watsons did have another case back in January against HFO and they beat them on that occasion as well - that one actually went to trial. So hopefully, HFO might start thinking twice before taking people to court on a whim.

 

I agree, we do want their licences revoked now and hopefully in the not too distant future. That would really be the icing on the cake.

 

I know it's difficult to say too much, but is that all still happening behind the scenes - revoking HFO's licence(s)?

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Could I just add, Magda, I think it would be an excellent idea if you could ask your solicitors for a detailed list of all the issues they submitted as a defence as well as the letter from HFO saying they're discontinuing and then send that to the OFT pointing out perhaps that given the situation they should not have been after you in the first place. I reckon that this sort of evidence, where HFO discontinue when it is pointed out to them that they have no case, is the biggest and best coffin nail for HFO.

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Hi bradholmes, you could be right. I have submitted my own complaints to the OFT though anyway regarding this case, which they have duly noted, and I know a lot of others on here have done the same, so hopefully there will soon be some good news on this, fingers crossed.

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Did you ever get in writing the fact that M & S informed you the account was sold to Roxburghe and not HFO Capital.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Hi BA, No, M&S claimed it was sold to HFO Capital Ltd in the letter they sent to me. They gave HFO's name, but TR's address - and the date of the assignment was a day out, which although not much of a difference, is still wrong. Mind you, Watsons weren't really focusing on the assignment issue too much anyway as there were other, better arguments in my case that could be used.

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What made M&S change their mind on who they first informed you the account was sold to, the same issue happened with Barclaycard, one for the OFT.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Well, according to M&S they know them as Roxburghe, so that's what they call them, but they said it was actually sold to HFO Capital - although the agreement between M&S and HFO, of course, was entered into between HFO Cayman and M&S, but HFO claim it was then sold to HFO Ireland - usual HFO tactics to muddy the waters as much as they can.

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All accounts now are being serviced by Roxburghe and not HFO Services as previous, I think they are under the impression that Roxburghe,s CCL will not get revoked, most complaints to the OFT are against Services and Capital, so can you please inform the OFT of this issue ragarding what M&S informed you.they are all part of the same group but are legal separate entities, I am surprised M& S are unsure who they actually sold their accounts to. The same issue happened when people contacted Barclaycard, they were first informed the accounts wre sold to Roxburghe, then informed HFO Capital where known as Roxburghe at the time when the issue was raised, which is incorrect, HFO Services where known as Roxburghe for 17 days, before any sales to HFO Capital. The OFT are aware of at least two cases with Roxburghe/ HFO/Barclaycard issues.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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HFO are hopeless at getting GENUINE evidence together. They fail in so many ways on simple points too, like getting hold of proper default data and usually have DNs that are defective in one way or another (even the ones they issue themselves are pure bull). Then they go to court and argue all their failings are de minimis, but that everything else works strongly in their favour. Some judges buy it, alas, especially with LiPs.

 

Lots of ways to skin HFO’s cat. Especially when their ‘solicitor’ is terminally useless.

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Hes a solicitor of the supreme court.........

 

Which if he is, he should know that changed in Oct 2009 and is now “solicitor of the Senior Courts of England and Wales” the xxxx put this in my WS in 2010.

Edited by broken arrow

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Which if he is, he should know that changed in Oct 2009 and is now “solicitor of the Senior Courts of England and Wales” the idiot put this in my WS in 2010.

 

... but no doubt that is de minimis, or a simple admin error...

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Which if he is, he should know that changed in Oct 2009 and is now “solicitor of the Senior Courts of England and Wales” the idiot put this in my WS in 2010.

 

under a statement of thruth..............solicitor of goofy crap comedians or the banana splits would be more apt.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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That's the trouble with a lot of these cases, some of it is down to the judge you get on the day, isn't it, which if you are a LIP as donkey just mentioned, it can be difficult to argue against an experienced barrister and HFO do instruct pretty good barristers I believe. That was one thing I was really pleased about, that I would have had a great barrister in my corner - makes a huge difference.

 

The OFT are aware of all of the issues regarding this case, I made sure of that some time ago. Hopefully Hfo won't be around too much longer.

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under a statement of thruth..............solicitor of goofy crap comedians or the banana splits would be more apt.

 

Has anyone ever seen Alice, Bingo and Alan Carr together at the same time?

 

Bingo.jpg

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Their rep who turned up against me did not even know who she was representing, its rare for them to instruct a Barrister and when they have, it has been costly.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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