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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.

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      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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Whizzkid v Abbey - Round 2


whizzkid001
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What time is kick off?

 

Good luck by the way and let us know as soon as poss what happens. The anticipation of it all!!! I dread to imagine how you must feel!!!!!!!!!!!!!!!!

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Advice & opinions given by Caro 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.

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Ok, guys, settle down!!! :)

 

Can I just say, once more, and to save you all the tension, that it is highly likely that the bank will get their set aside. It's not a reflection on Whizz's case, it's not an indication he won't get his money. And it won't mean Whizz will have "lost". It just means that on balance of probabilities, the bank could present a defence if they went to court (not win, present a defence, that's all) and should be allowed to do so. Therefore, current default judgment would be set aside, and a hearing date set. Then, they'll pay up before hearing, they'll just stall longer.

 

I'd be delighted to be wrong, but so far, every set aside applied for by someone on this forum has been granted.

 

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This'd be a defence of why they're so woefully incompetent as to be incapable of submitting a defence in good time for the original hearing?

DPA Letter received by NatWest 11/04/2006

DPA Request expires 21/05/2006

Statements received 15/05/2006

LBA sent 15/05/2006

 

If you find me vaguely coherent, click the scales.

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Does anyone know how many cases have gone to this stage (set aside hearing)? Also, do we know how many times Abbey have pleaded that they did not get the paperwork in time/ever?

It should be the same amount, shouldn't it?

Confused!!!!

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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This is the first one as far as I know...

 

EDIT: I sit corrected...! :oops:

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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There was one 2 days ago

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?p=68599#post68599

 

There have been others too.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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what time is whizzkid in court?

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

---------------------------------------------------

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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Does anyone know how many cases have gone to this stage (set aside hearing)? Also, do we know how many times Abbey have pleaded that they did not get the paperwork in time/ever?

It should be the same amount, shouldn't it?

Confused!!!!

 

It's not just Abbey, though, is it... They're all at it... There's at least 1 Halifax I can think of, Barclays... As the word spreads, you can expect banks to fight dirtier and dirtier and drag things out longer in the hope people will give up! This is the ultimate abuse of court process, makes a mockery of it, knowing fine they WILL pay up before the hearing... but in the meantime, wasting more time...

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It does raise some very serious questions about the competence of Abbey. I'm almost tempted to say it raises some questions about their honesty but this would imply that they are lying to the court and I don't believe that they would do that.

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It's not just Abbey, though, is it... They're all at it... There's at least 1 Halifax I can think of, Barclays... As the word spreads, you can expect banks to fight dirtier and dirtier and drag things out longer in the hope people will give up! This is the ultimate abuse of court process, makes a mockery of it, knowing fine they WILL pay up before the hearing... but in the meantime, wasting more time...

 

Yes, but the mysterious inability of the banks to receive court papers may eventually be drawn to the attention of the press. :D After all if they can't process important documents that involve them directly, how can they be expected to handle important documents on behalf of customers?

 

Maybe we need to start tracking the number of set aside applications being made,

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Hi all, I'm back from court!!!!!!!!!!!!!!!!!!!!!!

 

Ok, shall I keep you all in suspense??

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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Thanks

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