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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
      • 161 replies
    • 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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Shelley v Associates (Citi)Judgment awarded but Citi apply for S/A ***ONGOING***


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Hi Shelley

 

Have a look here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?123886-POC-for-PPI-Do-we-have-any

 

There are some pointers in that thread and what you find can always be adapted.

 

Hope this helps

 

ims

 

Wow, your bloomin good. I spend hours surfing around this website. You have once again come to my aid. Thank you so much.

 

I hope to have this N1 form completed before the week-end so I can submit it to the courts.

 

I have another one to complete shortly for a different company for unfair charges so I am being kept busy.

 

Huge thanks again ims. You little gem.

 

Shelley

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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I decided to have a look at CRF with a certain organisation which offers free 30 day trial. I was assured that if the trial was cancelled on or before 5th July there would be no funds deducted from our bank account. An email was sent to them on 4th July which was returned saying we had to telephone to cancel, which was done immediately on the morning of 5th July 2011. The agent assured me no funds would be taken but he was lying. I'm not surprised really it took my son 7 months before they would cancel his subscription and we're still fighting to get his money back.

 

This morning whilst checking online I see they have taken the sum of £14.99.

 

I have spoken with my bank (yes, they're 24hrs) who has said I can log a dispute but would need sight of the email confirming cancellation and they will investigate.

 

I have no access to my CRF account so if they are not providing a service, they have stolen my money in my book.

 

As if I don't have enough going on at the moment?

 

Apologies for the rant.

 

Shelley

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Good news today. My bank have reimbursed the CE charge of £14.99 following the correspondence I sent them, brilliant. I now find I am banking with an institution that understands reason and good customer service

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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  • 2 weeks later...

Here's an update on my claims with Citi - They're wriggling!!!

 

I have written to Citi by r/d giving them 8 weeks to reply in respect to my claim for PPI refund and they wrote back saying that as my claim is over 6 years old it is not their policy to reimburse. I subsequently replied quoting the Kleinwort Benson case and they still replied with 'our position remains unchanged go to FOS'. Naturally, I am ready to take this further but I prefer to go the court route. Can anyone please confirm the legal name I should be quoting for the N1 document? I believe it is Citi Financial (Europe) Plc but would appreciate confirmation. I have been liaising with a Derby address. Is this the correct address for legal documents being submitted?

 

Also, I wrote to Citi seperately to claim for unfair charges and they have totally ignored any communication, albeit, I have r/d evidence to prove they have received and signed for it.

 

What do you suggest I do with this claim? My preference is the court route.

 

Would appreciate your feedback/advice please.

Shelley

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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write back on both with a 14 day letter before court action

if you are going to go thru with it

 

dx

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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I have already done that for both claims.

 

Now I am looking for clarification of the legal name & address to send relevant docs to please.

 

I believe it is Citi Financial (Europe) Plc but would appreciate confirmation.

 

I have been liaising with a Derby address. Is this the correct address for legal documents being submitted?

 

Shelley

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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how about looking in the stickies of the citi forum?

i'm amazed you are sending lba's out without checking you have the correct ad?

dx

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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how about looking in the stickies of the citi forum?

i'm amazed you are sending lba's out without checking you have the correct ad?

dx

 

My initial correspondence was sent to the E14 address but their replies came back from Derby address which wrapped me into replying to the Derby address. With personal stress and health issues I guess I have taken my eye off the ball.

 

The purpose of my post WAS to clarify the address and I find on looking back at your replies to my threads they are not constructive but criticise my efforts.

I spend an awlful lot of time researching my claims on this website and when I cannot locate relevant information I will post a question. Sometimes, this may appear in haste, but sincerely unintentional.

 

Novices use this website for assistance and guidance, not to be put down!

Apologies if you have been inconvienced

 

Shelley

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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So, moving forward.

I have been wrapped up in replying to Citi correspondence to their Derby address, to which I have sent LBA's to. Can someone please guide me if I now need to resubmit these to their London E14 address or can I go ahead with court docs N1 claim form and submit them to the London address? Will I have failed in my process if I do the latter?

 

Advice appreciated please.

 

Shelley

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Hi Shelley

 

Advice is to serve legal docs to their registered office which, looking at their website is

 

Canada Square

Canary Wharf

London E14 5LB

 

This also accords with the Citi Sticky

 

Regards

 

ims

 

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Hi ims,

 

Thank you for that. I have been writing to that address but the replies came back from Derby. I got wrapped up in their correspondence and mistakenly sent the LBA's back to Derby. Do I have to resend LBA's to Canary Wharf before N1 court forms or can I now just continue with sending N1 forms to Canary Wharf? Hope that makes sense.

 

Shelley

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Hi

 

Well in my view, they chose to reply to you from a Derby address. Not unreasonable of you to think that you should send an lba there.

 

However, your formal court docs should use the registered office....if they then choose to send them internally elsewhere, that is up to them.

 

Regards

 

ims

Edited by ims21

 

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That's where I was coming from.

 

I will get the N1 forms done now to present to court first thing in the morning.

 

Thank you for your clarity on this.

 

Regards

Shelley

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Share on other sites

N1 and POC in court yesterday (2nd) and now I play the waiting game. Will post back here when further update to report.

 

Thanks for your help ims.

 

Shelley

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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I have written to Citi by r/d giving them 8 weeks to reply in respect to my claim for PPI refund and they wrote back saying that as my claim is over 6 years old it is not their policy to reimburse.

 

They are fobbing you off - I won my claim against them 2 weeks ago and my loan was from 2002.

 

As for contact details, the address, email and telephone number I was able to communicate with them were :-

 

Citi Financial Europe PLC

PO Box 49944

London

SE5 7YG

 

Email - [email protected]

 

Direct telephone number for PPI team - 08000156609

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Hi Derwent,

Thank you for your post, very encouraging to know.

 

I have already mentioned the Sempra & Kleinwort cases but they still told me to go away..........

Did you have to take them to court?

 

Shelley

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Hi Derwent,

Thank you for your post, very encouraging to know.

 

I have already mentioned the Sempra & Kleinwort cases but they still told me to go away..........

Did you have to take them to court?

 

Shelley

 

No, i just dealt with them directly.

 

Initially they tried to say it was time barred but I simply pointed out to them that under FOS rules it wasn't as the clock starts from the time you realised it was missold, not the actual date of the sale.

 

They then said that they only had records going back 6 years to 2005 and therefore couldn't deal with anything prior to that. Fine, I said, you can apply an estimate based on the average PPI paid per month for the periods you have no records for. Amazingly they agreed to do that.

 

I do think it simply comes down to who your assigned case worker is within the organisation. Some are very amenable while others are obstinate.

 

BTW, what principle is your court claim based on ? I found with HSBC and Egg that the principle of 'unjust enrichment' worked in sparking them into settling my claims.

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Hi

 

Unjust enrichment does make some institutions sit up and listen as they are fully aware that the Sempra Metals case was all about this subject.

 

Mentioning this subject shows them that a claimant is not as dumb as they think or hope.

 

Regards

 

ims

 

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Yes, the beauty of the unjust enrichment principle is that you do not have to prove blame or intent. It is simply the principle that money has been retained by one party that belongs to another. If that has happened then it doesn't matter whether it was by mistake, negligence or fault, the party holding the money is legally obliged to provide restitution to the other party. Given that there is now a judicial ruling that the banks unjustly retained money by the sale of PPI then it would be an absolute penalty kick in any civil court.

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Yes, the beauty of the unjust enrichment principle is that you do not have to prove blame or intent. It is simply the principle that money has been retained by one party that belongs to another. If that has happened then it doesn't matter whether it was by mistake, negligence or fault, the party holding the money is legally obliged to provide restitution to the other party. Given that there is now a judicial ruling that the banks unjustly retained money by the sale of PPI then it would be an absolute penalty kick in any civil court.

 

Are you suggesting I should maybe try emailing them to open negotiations?

 

How long were you negotiating for to get the settlement you have and did you achieve interest in restitution?

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Bump please

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Morning

 

Personally I would wait to see what their response is to the court claim.

 

If you contact them now to negotiate it can give the impression of weakness.

 

They may well offer to negotiate with you anyway now that you have issued against them.

 

Regards

 

ims

 

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Good afternoon ims,

Thank you for dropping in.

 

That was my thought pattern. I do usually have alot of patience but these claims are stressing me out at the moment along with personal stuff going on, but I will be patient for a little longer :(

 

Keep things crossed they decide to be polite and make a decent offer.

 

Thanks again.

Regards

Shelley

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Share on other sites

N1 and POC in court yesterday (2nd) and now I play the waiting game. Will post back here when further update to report.

 

Thanks for your help ims.

 

Shelley

 

Received correspondence from a firm of solicitors acting on behalf of Citi for the N1 claim, they advise the following;

"We have filed an Acknowledgement of Service at Court and are taking our client's intructions regarding your claim. We should be grateful if you would agree to an extension of 28 days to the deadline for service of a Defence to your claim. This will allow us to investigate the circumstances of your claim. We will then be in a position to respond fully to your claim which will be in the interests of all concerned. If you agree, the deadline for filing a Defence will be xx Ooctober 2011.

We look forward to hearing from you in writing either by post or email as soon as possible."

Due to personal circumstances which I am not wanting to share across an open forum (happy to PM forum leader) am I obliged to permit this extension? What are the consequences if I refuse?

I would really appreciate assistance with this as stress levels are escalating.

Shelley

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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