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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
      • 160 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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itiC....Read about some of Citis legendary stunts and shockers.


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MA in Media and Culture. When I get my court date to face Brian for my full hearing I would have no qualms in inviting the press along to speak to him about his 'commercially sensitive' figures........

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Not to mention Cities sensitive letters !!:rolleyes:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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MA in Media and Culture. When I get my court date to face Brian for my full hearing I would have no qualms in inviting the press along to speak to him about his 'commercially sensitive' figures........

 

Good Luck with it all Keren - I plan on opening bottles of virtual champagne with you and empire tomorrow night, and every other citi claimer - guess Brian hasn't realised the might of the geat Bankfodders advice? Oh and that otherthing - common and statute law - bless him!

 

Glass of tap water for Brian I think

Consumer Health Forums - where you can discuss any health or relationship matters.

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Tap water ??

Dunno bout that.........think he will need a stiff whisky when he comes out of court ha ha

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi

Sorry havent answered but have been out all day. Yes mine is a full hearing will probably get Brian as you all suggest. As soon as I get back from Court I will post what happened. Thanks for all your good wishes, good luck to you Keren.

 

I won't say good luck empire cos you won't need it the law is on your side but please accept my whole hearted best wishes - I wil lbethinking of you and Keren - look forward to hearing from you tomorrow night.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Yes all the best to both......talking bout drinks Im off for a couple pints now.

Maybe a bit of Karaoke too...........will sing one for Brian............JJ Barries oldie..."No Charge" :D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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252483444_545dd39c35.jpg

 

Just looking through Citi`s defence and already pulled apart half of their points within a couple of days.

 

Thought this picture that I stumbled across yesterday was quite apt.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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ha ha..........a gem !:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Have just got back from the Court, the Judge has put a stay on the case until 31/01/07 the reason given that there are numerous cases like ours and the District Judge will be giving directions on how to deal with them all. Judge said that they are likely to have a block hearing of a few cases at the same time, one of which may be ours, he has another case this afternoon against Nat West which he is also going to put a stay on.Looked like this Judge had only just had the case allocated to him as he said that if he had seen the case earlier he wouldnt have let it get to the hearing stage. I tried to appeal against the stay order, but he was having none of it.

He kept mentioning that we must have got the idea of claiming the charges from somewhere, possibly the Consumer Action Group, and he said that people shouldnt just jump on the bandwagon, think he was trying to say that he thought people were using this as a get rich quick scheme, tried to explain that this was not so in my case but he just carried on and ordered the stay. Citis Barrister tried the NI case route, but again the Judge was having none of that saying that was a diffferent court in a different county with different legislations.

So that was a waste of my time and again a waste of court resources. Tried to point out that the Banks were generally settling before Court, to get the Judge to see that the Banks are wasting Court time but I think he got the impression I thought Citi should have settled mine. I then explained that I was more than prepared to see this case through the courts when the stay has been lifted.

Brain or any other expert witnesses were not there today, just the Barrister

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Hmn

Interesting

 

The block case is something they are doing at the Merc too.

Oh well.....wonder how Keren is going on ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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:D Martin3030, will PM you.

 

I am back. :D

 

All I will say publicly at this point is that ANYTHING you say on here about ANY of your claims will try to be used by Citi. ;)

 

And the chances are, they know full well about this thread as they repeated verbatim a quote from my Abbey thread about my stay with them, which means they had searched my threads I have contributed to by my user name.

 

However, I have PM'd Bankfodder to let him know the outcome :D

 

I won't say any more for now ;)

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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We have been aware that they are continually monitoring this site,and expect them naturally to know about this thread.

 

All they need to do is reconcile a members posts to those threads not rocket science really.

 

However there ARE means of communicating off the main areas and in situations where this has been needed then it is obviously an option.

 

We continually maintain that at the end of the day,at issue is Citis application of unlawful charges to its customers along with other banks.

Whatever information they may think they can glean off this site does not detract from those issues......that the penalties were excessive that they are unlawful and that they have a responsibility to repay them.

If they can find anything on this site that changes any of that.....then their defence team could earn megabucks by representing all the other banks.

 

I suspect tho that is not the case......and until the day comes when it IS then

I see no reason why anyone should be overtly concerned of their visits here.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I agree, don't be put off by them being nosey and trying to use you posts from the site, the law is on our side, even if some of the judges are a bit miss informed and not up to date, this is a problem even in the criminal courts in this country.

 

There may be a way of blocking there IP from access, but they would just log on from home, with a different user name.

My Cases

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/14777-rbphot-lloyds-tsb.html?highlight=rbphot

 

My useful posts

 

http://www.consumeractiongroup.co.uk/forum/general/26095-bank-credit-charges-eec.html?highlight=rbphot

 

;) The Masses Will Always Prevail

 

Rbphot

 

Lloyds TSB, (£2.5k) Data Protection Act-150606, Prelim letter-050706, 2nd LBA-140706, Money Claim submitted 010806(6QZ51069), Claim Agknowledged 040806:D , AQ submited today-070906

Lloyds TSB Amex, (£60) Data Protection Act-150606, 1st LBA-110706, 2nd LBA - 040806, SETTLED 50% of amount.:D

Citi Cards, (£995) Data Protection Act-110706, Prelim letter-210806, LBA - 040906

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I have had a lot of pms asking for news ......

I am sure that Keren will make more info available when she is ready.

In the meantime all that can be added to her post was that her morning was fruitful.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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All we expect is for banks to conduct their business in a lawful manner, just unfortunate that some have considerred late fees, exceeding limits etc as a cash cow regardless of common law and statute.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Bristol

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ok guys!!!!! Hello and I'm back!!!

 

Still calming down and have just got back from banking a cheque from Capital One after they sent full and final settlement.:D :D

 

Well, what can I say!

 

A local solicitor (non Citi) attended. He asked if we could go into a little room first to talk. He said it was up to me if I told him anything, but did I want to talk about the amount outstanding on my account - the cheeky thing!!!

 

I told him that my account is settled (just highlighting that for Brian) and that I have a letter to prove it.

 

He then said he noticed I had received a stay with my Abbey claim. I said yes I had and that I had handed in the paper work to the court to request the stay be set aside.

 

He tried to sound very helpful and said was there anything I wanted to ask :rolleyes:

We went in and the Judge was fantastic. He seemed clued up, and helpful.

 

The solicitor who was there on their behalf admitted in as many words that Citi must have received the court claim but in all probability it had become lost in their system. They also tried to raise the matter of my outstanding debt on the account which we were able to prove had been settled. They also tried to refer directly to my Abbey case and many other cases which have been stayed pending a test case. they also tried to refer to lickthewallfatboy's case.

 

He tried to say that I was claiming £50 too much and really tried to labour this point but the judge was having non of it.

 

He also said my claim was for re-imbursement of the full amount of default charges when clearly a default charge was valid.

 

However, the Judge accepted my arguments that to stay would be unreasonable and unjust. I confirmed that I have requested a breakdown/justification of citi's actual costs and substantiation of the £25 charge which Citi have refused to provide.

 

The Judge decided that Citi had acted correctly in applying for the set aside and that there was a case to answer and ordered:

 

That the judgement be set aside

 

That Citi pay into court the whole amount of the judgement debt within 14 days (yep, the whole amount, they have to send a cheque to the court)

 

That Citi file and serve a defence within a further 14 days (no stay granted)

 

And they have to provide a breakdown of their charges :D

No order as to costs (cheeky solicitor tried to start talking about his costs. The Judge said something like he hoped he wasn't going to try to claim costs, as it was Citi who had requested the hearing! :D )

 

It was clear from the bundle Citi's solicitor had that Brian Smith is accessing all information on the website and in fact the solicitor had print outs of comments I had made on the site on Citi and other claims I am making.(which really doesn't bother me) He read out the comment on my thread about the order regarding my Abbey stay. I have today requested this to be set aside and informed the judge of this (and told the Judge that as well)

 

All in all, very good outcome. They have to pay ALL the money to the court, they have to put a defence in, their application for a stay was denied and they have to provide me with a full breakdown of how their charges are made up.

 

To quote the Judge 'because that's what you really want.......isn't it........;) '

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Fantastic outcome.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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