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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 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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whomever you are paying

 

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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  • 2 months later...

Hi

Opus today have told me, and will confirm in writing, that they do not have a copy of my agreement with them or the original company. Where does this put me? Do I do a lba, and epect an offer, do they fight all the way to the courts, or is the lack of an agreement now void? What about charges over 6 years old, are they claimable?

Brian

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Hi Brian

 

For the charges reclaim, the agreement is not required. What you need are the statements or transaction history on the account.

 

What did they send you in respons to your SAR?

 

Regards

 

ims

 

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Hi

initial response was to send me printout of transactions since the transfer of the account ro Opus. When I complained, i got a second set of these documents!! Subsequently I recieved documents from Citi back to 2005. I had a significant number of invoices anyway dating back to 2002.

 

In the SAR I did not get a copy of my contract or terms of agreement so I sent them £1 under section 77/78 as per the template letter. Today I rang and was told they have no contract, and will confrm this in writing, plus organise a refund of £1!!

 

My claim would be all for late payments plus restitutional interest. For the past 6 years this would total £1100, but if I could go back to the earliest record i have, it would be nearer £2700.

 

Any thoughts?

Brian

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Hi

 

I would get all of those statements/transaction history together and identify each of teh charges you are going to reclaim. You can go back further that 6 years.

 

Put the information into the attached spreadsheet. Change the APR in the blue section to the one they were charging you on the card. Then in the list section underneath the coloured bits, eneter the date of the charge, a description and the amount. The rest of the calcs are done for you.

 

Send a copy of this spreadsheet with the preliminary letter to Opus. There is a template reclaim letter in the CAG library.

 

Regards

 

ims

 

CISheet.xls

 

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Hi ims,

I though that claims had been ruled out for sums older than six years following your own case. Is this not the case? Some advice or direction would be appreciated.

Brian

 

Nope

 

Past six years is available usng S32(1)© Limitations Act. Which of my cases are you referring to? my mind's gone blank lol

 

Have a look around in the Barclaycard forum, particularl the successesy....there are many documented cases there which explain the rationale behind these types of claims.

 

Regards

 

ims

 

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Hi

The spreadsheet is password protected, or is it just me being silly?

Brian

 

Hi

 

Should only be protected for cells you don't need to change for example formulae....all relevant cells for accepting data should be open

 

Shout if there are still probs

 

Regards

 

ims

 

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  • 4 weeks later...

Hi

Following my prelim letter, I recieved a very generous, full and final offer of less than £60!! Not bad when the prelim letter caim was for £2600!!! It is, after considerable soul searching and thought, I feel the need to reject this very generous offer!!! LBA now in the post.

Brian

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  • 4 months later...

on what??

 

penalty charges or PPI reclaim or compensation for wrong doing.......

 

we are not mind readers....

 

 

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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ah

i've just found your other thread..

thought getting info was going to be like pulling teeth for a minute there......

 

better to keep to one thread per claim brian

make life a lot easierfor everyone.

 

now.

you wont get rest int through the FOS - no way.

 

and you'll prob not get past 6yrs through them either.

 

in all honestly the court is the only way you'll get it

 

they might cave in before the hearing, not sure about citi's history on this

though i believe there is a citi forum here .

 

so if you were to just take the last 6yrs penalties and pop those in the CI SOC

 

is their figure anywhere near that figure?

 

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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sorry try this one..

 

seems to be it

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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