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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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cazpoppies v ltsb


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Tried moving my thread to the Scottish forum but have given up now!!

If anyone can give me a clue I ould appreciate it.

 

Anyways, have a return date of today with a court date next monday, didn't have time to call today but will call Haddington court tomorrow to find out if LTSB have responded to the summons or not. Haven't heard a thing from them since the summons was served, apart from several phone calls asking when I'm paying the overdraft excess.

 

Should point out that I am claimimg £632.50 charges and the overdraft is only £140.00

 

Will post tomorrow with court's response.

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Good luck Caz - I'm not far from Haddington but was thinking of using Edinburgh if\when I go to small claims.

 

Jengis

*If you find my posts informative, please click on the scales in the top right corner of the post.

RBS - 2 Current Accounts & 2 CC Accounts

20/09/06 - DPA request Sent

BOS - CC Account

20/09/06 - DPA request Sent

Egg Card

19/09/06 - Statement request email sent

20/09/06 - Reply "£5 will be taken from account"

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Thanks for the good luck messages guys.

Called the Sherrif court today, court confirmed that LTSB plan to defend at court next monday.

 

Should point out that I'm doing this on behalf of my other half so better get her up to speed with what might happen now.

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Keep checking your bank balance, from what i have seen previously, they will pay the amount of your claim into your bank, then send you and the court a letter saying they have settled. Probably sunday night/monday morning, you will then need to contact the court to inform them....................

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Hi Caz, just to give you an update of my own, i phoned the court this morning to discover LTSB have not lodged a defence, i am now free to return form 11 and apply for a decree. As far as the girl on the phone was concerened that was that, i'm going to hand in the form today, the hearing date is next thursday, no idea whats going to happen or if that really is that done, will keep you informed!

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Need help guys!!

 

Received enforcement notice dated 27th september and then a default notice dated 28th seotember.

 

Account balance -£383.28

Unauthorised overdrawn amount £133.28

 

This total debit balance is made up of unlawful charges which I am claimimg £632.50 for, they have since added on £90. My court date is monday and they are intending to defend.

 

The default notice gave until today to pay the arrears or they will take me to court and register the debt with Experian,Equifax and callcredit. I have been working away al;l week and only got these letters tonight, I was under the impression that because this account was in dispute they were breaking the banking code of practise by taking such action.

 

Would appreciate any advice.

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Settled!!!!

 

Got a call from collections in Brighton 20 minutes before arriving at court, offered full settlement £632.50 plus £39 court feesplus £75 expenses which we didn't even ask for!

Money is in account, cheque will be posted to CAG, thanks for your help.

 

Now preparing to start 2nd claim for £480, bring it on!!

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Thanks stevokenevo, and good luck on thursday.

Don't think you've anything to worry about, no way will they turn up at court.

 

I didn't claim the interest, wished I had though. Happy to have got back what I did but I'm just about to start another claim against them and think I will include it this time.

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Brilliant news, another victory for the "little people"

I'm sending an e-mail today asking if they would like to settle my other claim (including interest this time) or I am starting procedings again. Hopefully they will just pay up.

 

Well done again, great feeling isn't it?

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Thanks for that stevokenevo, I've sent the e-mail anyway but if they don't respond positively I'll be banging another claim in pronto.

 

I was speaking to a friend who works for CAB and is a good friend of Mike Dailly at Govan LDC. He reckons that a question is going to be raised in parliament soon about the banks wasting court time. Be interesting to see how that develops.

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