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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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Help needed dealing with a Northampton CCBC CCJ claim from Santander Cards PLEASE!


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Hi WGFA

 

CB asked I look in.

 

If you are wishing to admit (in its entirety) then simply complete form N9A (contained within your response pack) I am not sure if this can be completed on MCOL so you would have to complete manually and return to the Claimant as per address provided on the summons.If only part admittance again complete N9A and N9B (defence) and return to the Court of issue.

 

The first option is of course an automatic CCJ.

 

Regards

 

 

Andy

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Thank you Andy for the info.

 

If I am making a counterclaim, isn't that different from a part admittance? In which case, can I still use form N9A and N9B?

 

Thank you everyone for all your advice so far If you are making a Counter Claim then just N9B, that's a defence and counter-claim.

 

N9A guarantees a CCJ.

 

Do you think my next move could be to write to Drydensfairfax advising my intention to counterclaim (their 14 days notice expires tomorrow so I need more time and I don’t want the stay lifted do I?)

 

 

I paid at least £1000.00 in PPI plus default, missed payment charges not to mention interest. It will take me a while to work out the total if at all possible; as I’m not sure I have all the statements

 

If the Balance Cancellation Insurance was valid; when I tried to claim on the insurance (which I did) then the balance would have been wiped out, so could I argue I don’t owe anything?

 

Of course it turned out the insurance didn’t actually cover me as I was self employed.

Could I also suggest coming to an out of court settlement using the above arguments stressing the fact the debt would have been wiped out had the insurance been valid?

Cheers for your time

 

WGFA

 

 

Regards

 

Andy

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Just checked your thread this is a claim from 2011 and you have already submitted a defence the claim is stayed.Dont submit any further forms.

 

Andy

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Yes WGFA

 

Up to speed now with were you are at. Ok you either have to approach the Sols and come to a payment arrangement ( calculate your PPI miss sold figure to enable a starting figure) and see what response you get.

 

If their response proves unfavourable then you state that if they make application to lift the stay you will respond with an application to amend your defence and submit a counter claim on the basis of miss sold PPI.Then wait to see what further response.

 

Andy

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You can ring them I find verbally tends to put them on the spot and unprepared, see what reception you get then if its favourable put your offer in writing and request same.

 

Andy

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BTW the agreement is a Internet application are there any signatures on that CCA?

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I will let ims21 do the calcs but on the legal you would add 8% on the final figure if making a claim.

So £1400.00 PPI plus compound plus any unfair late charges.Subject to the final calcs I think in the region of £1200.00 FFS.

 

 

Andy

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Considering your PPI figures why not try to negotiate the figure as a monthly payment....they can only refuse, but if you dont ask.....

 

Regards

 

Andy

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