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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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Lottie 36 v Barclays *****WON*****


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My bundle is now 200 pages long. I am busy copying and hole punching 2 further copies.

 

1. Correspondence.

2. Recent schedule of charges.

3. Statements.

4. Relevant case law Summary.

5. Early Day Motion from the House of Parliment.

6. Dunlop v New Garage.

7. The unfair Terms in the Consumer Contracts Regulations 1999.

8. Unfair Contract Terms Act 1982.

9. Supply of Goods and Services Act 1982.

10. OFT Statement Summary.

11. Data Protection Act 1998.

12. Sales of Goods Amendement Act 1995.

13. Treasury Committee Report.

Daily Mail article- Banking or Bullying?

Lordsvale Finance v Bank of Zambia.

Peter Mcnamara radio interview.

Kendall freeman.

The Money Programme 12 Dec 2006.

I would be grateful if anyone would like to give any advise on a couple of things.

Regarding the UTCCR, also SGSA and also the OFT Statement Summary.=Do I need to Put every page in or just the relevant pages? (it will save me a lot of time and money if not required).

I am also not sure if my bundle is in the correct order?

Also when they are all ready Who do I sent the bundle to at Barclays Bank?(Im going to take them in to my local branch and get a receipt)and ask them to forward it to ........?

Many thanks once again.

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Hello anyone out there?

Computers playing up now:mad: I am trying to copy but when I try to paste it says my memory is full to try and close some programmes down or restart windows.

i have tried all this but it doesnt work.

I have cleaned the disc and also defragmented (which took more than 10 hours) and it still wont let me copy and paste.

Any advice Pleeeeeeeaaaase

Heeeeeeelp!!!:o

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Hello.

Regarding the above post by me,I am not looking for help with pc problems.Whilst trawling through this great site I have come across a thread posted by the moderator - Karnevil.(which is in my favs list).

I am trying to copy and paste:

Case Summary

Disclosure by list

Witness statement

Draft order for Directions Strike out defence due to non compliance of bundles.

But it wont let me,yet I have no problem copying and pasteing anything else?

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  • 2 weeks later...

I rang the Court yesterday and was told that I was on the list for 26th March in Cardiff.Am now waiting for the post.

Thought I would send my Bundle to Barclays in the next week or two as its ready.Would it be ok to send a letter with it offering them another chance to pay.It might push it along a bit?

If the letter is a good idea, how could I word it.

Getting so close now!!!

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Hi Lottie,

 

Have been reading with interest.

 

I have my AQ to send back in then just await a date. Maybe I will also get allocated Cardiff as 26th march is quite a way off yet, hopefully they can fit a few more in!!!!

 

Your Court Bundle info looks good, haven't got as far as that yet, although yours looks like it will be a great help.

 

Best of luck on that FULL settlement beforehand. Keep us posted

 

Regards

Laineybelle

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good luck .I think they must have already decided on a list for the 26th March.Im not sure if they will add more on to this or will set another date.

Does anyone know if I sould prepare:

Case Summary

Disclosure by list

Witness Statement

Can anyone explain when these will be required.Im sure these questions would also help others.

Many thanks for any interest and possibly answers.

One more question;

Should these be added to the bundles or sent to the court?

Ta.

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good luck .I think they must have already decided on a list for the 26th March.Im not sure if they will add more on to this or will set another date.

Does anyone know if I sould prepare:

Case Summary

Disclosure by list

Witness Statement

Can anyone explain when these will be required.Im sure these questions would also help others.

Many thanks for any interest and possibly answers.

One more question;

Should these be added to the bundles or sent to the court?

Ta.

 

My advice is, if the Court havn't asked for the bundle just yet, save your postage money as I didn't need to send mine as they settled before that.

 

What's the point of spending unnecessary money?

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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Hi fellow conspirators,

 

Regarding the cash offers that the various banks make to mitigate and settle the claim early and in the bank's favour. Please do not sell yourself short as the bank is liable to pay you back every penny of the bank charges plus interest from the date it was deducted. They cannot claim economic loss as an argument for retaining even a small proportion of the bank charge deducted.

 

This is an argument that has been well played in disputes within the building industry in the UK. With the result that an unfair penalty makes the liquidated and ascertained damages clause invalid and unforceable.

This applies to all contracts under common law within the United Kingdom.

 

To accept less than what you are legally entitled to means the bank wins in the end!

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have received confirmation this morning that I am on the list for the 26 March.The letter states that if I object to the order,I must make an application to have it set aside, varied or stayed within 7 days of receiving it???????

Do I need to do anything ?

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Does anyone know if I sould prepare:

Case Summary

Disclosure by list

WitnessStatement. Do I need these ? The letter states that if I object to the order,I must make an application to have it set aside, varied or stayed within 7 days of receiving it???????

Do I need to do anything ?

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  • 4 weeks later...

Been reading other threads.

Does anyone know if I should prepare:

Case Summary.

Disclosure by list

WitnessStatement. Do I need these ?

And do I need a Draft order for directions?

I have a directions hearing in cardiff on the 26th.

I have asked this before but no one seems to reply .

Any thoughts would be appreciated.

Also is anyone else in cardiff on the 26 tempted to ring barclays.It would save all this work!!

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I telephoned this morning offering if they would like to settle out of court. Lady dealing with my claim is called Laura Wrage. She said she is dealing with claims which are coming up in the next week or so.She told me that she would be contacting me at the start of March with a settlement figure. Not much longer now.

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  • 3 weeks later...

RESULT!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!

Letter from Laura Wrage with full settlement (it was short of about 35 pounds) arrived this morning.Crossed out the bit about confidentiality.

I will also enclose a letter that im going to send to the court,stating that it will only be sent when the money is in my account.

Thanks to this website I managed to Fight the big boys and win.

Will be forwarding my donation very soon.

:wink:

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Well done Lottie! Your case is a classic example of how someone with little or no legal knowledge, but with determination and a little help, can take on the 'big boys' and win by NOT BEING INTIMIDATED!

 

I'll raise a glass to you tonight.:D :D :D

 

David.

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Money in my account this morning. What a great feeling that is. I could not have done it without this website, but i still cant help feeling chuffed with myself. My advice to others doing this is :

Look , look and look again because all the information you need is within this site.

Now I have time I will try and help others if i can.

Can one of the moderators put my thread in the winners part.

Thankyou all so much for this website.Now time to donate.

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WELL DONE LOTTIE , got my letter this morning offering full and final settlement , just signed it and bunged it in an envelope ready to send off first thing monday.

i am now off to celebrate by treating the kids to a mcdonalds (the missus is in bed after working nights and i can't be arsed cooking lol.)

well done again , enjoy.:D

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wow ...good work Lottie.

Seems a long time since October when you said Deal or no deal ?

In the end you won without having to meet Noel Edmunds lol.

 

Gives me great pleasure to change your title and put it with the Winners.

 

Congrats again and thanks for the donation hope that you enjoy spending YOUR money !!: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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