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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 
      • 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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Clean hands


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Can we use this as part of a claim or defence?

 

In filing the defence, listing a series of perceived violations, referencing UCTA/UTCCR (for charges), AOJA/PFHA (for my closure by telephone, and other harassment), SOG[AS]A (for the notion of a "service"), CCA (for acting on accounts in dispute), DPA (for the prospective defaults), etc. and closing with "The Defendant asserts that the Claim has no merit on the basis that the Claimants have unclean hands", or in a claim requesting that other debts owed by us to the banks be written off on the same basis (in the hope that the bank will make an offer to settle for it anyway to keep out of court).

 

For those unfamiliar with it, the doctrine of clean hands reinforces the point that it is not only the defendant on trial in a civil case, suggesting that the claimant must also have acted reasonably and responsibly. If the claimant has acted unethically, or in bad faith, then they might not be entitled to all or part of their claim.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Is it worth trying to include things such as the overdraft on the claim anyway using this principle in the hope that the bank will attempt to make a full settlement of it? I am now adamant that HSBC will not see a penny of the money I owe them, and that I should not bear the black mark for it as a result of their poor conduct.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Currently around £320. Overdraft is £1600, credit card balance (forcibly closed by telephone without written notice, and without right to reply) £550. Filing the claim has now been delayed again, since I need to re-check my CRA files - if there's anything that has been added there, I will be asking for defaults to be removed and monthly payment indicators reset to 0 (as the min. payments requested and overlimit amount were entirely composed of charges, payments are allocated to these first). I would also like to either have the debt written off, or otherwise have the bank restrained from ever collecting on it, due to its unethical conduct.

 

I also have a notice of closure pending on my current account, but I will have to let that close, as important features of my new account depend on it being closed.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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