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    • Incidentally, congratulations on not buying the warranty. That is another Big Motoring World rip-off. See what we have to say about extended warranties and the Big Motoring World attitude to them is particularly unhelpful
    • well that google is from 2019, but the photos are certainly of someone driving on the public highway in/out by an ANP system, though the site of where the camera actually is, is not showing there are anpr cameras up by the low yellow barriers but they wont get from facing shots from there. interesting, needs to be checked if the road IS a public highway but on private land, cause as you say, if the whole area is max 4hrs , how does the hotel work< ?? must have a reg entry system.  now as for taking pictures of cars on a public highway then guessing the are parking ...erm.... i dont thnk thats right nor allowed under GDPR. dx  
    • Under the consumer rights act 2015, if a defect manifests itself within 30 days and you have a right to return the vehicle for a full refund. If any defect manifests itself within the first six months of ownership then you have a right to return the vehicle for a full refund subject to the retailers right to carry out a repair. If the retailer declines to repair or if the repair fails then you have the right to return. The problem here is that you have to assert their right. It's a bit ridiculous – but you have to do let them know preferably in writing that you are asserting your rights under the consumer rights act either the 30 day right or the six month right. I suppose that you haven't done this – which would be quite understandable because most people don't know that these rights exist and that they are subject to these conditions – the condition that the right must be inserted. It is frankly ridiculous. The dealers know it and we have lots of instances of this company delaying appointments et cetera and our strong suspicion is that they are simply trying to run their customers out of time. On the basis that you haven't asserted your rights, we now have to look to ordinary contract law. You are entitled to purchase a vehicle which is of satisfactory condition and which remains that way for a reasonable period of time. Clearly it is in satisfactory. They are blaming you. Has your independent inspection identified the reason for the defect? This will be important because as you have seen BMW are already saying it is down to your driving and you are going to have to produce evidence that it wasn't down to your driving and the you drove it absolutely reasonably and it was simply the condition of the car. Have you been without the car for any period of time. Is it driveable now? If the car was off the road for a substantial amount of time and was still off the road then you would be able to argue that this is a fundamental breach of contract and that you have been deprived of substantially the whole benefit of the contract and therefore you will be entitled to treat the contract as breached by Big Motoring World and insist on cancelling the contract. It may be that you will eventually be obliged to keep the car but have the repairs paid for. Have you had any quotations for the work that needs doing? I asked you questions about the MOT – but you haven't responded.
    • A 'violent left wing mob', comprised of a chap in a red hoody with a damp polystyrene coffee cup and a bit of wet cement, gets nowhere near cowering frightened farage some distance away on top of his double decker bus .. as farages security and support seem to film the incident grinning     Farage bravely flinches, grimaces and seems to almost burst into tears as the 'objects managed to travel a part of the way toward his position on top of his bus. His reactions honed by having a bit of milk splash him at a prior incident allow him to swiftly fall into a protective cower and grimace .. .. Sometime after, once the mob of 1 had been safely bundled away, farage apparently wipes his eyes of tears, and rising from his cowed and frightened pose, bravely shouts “I will not be bullied or cowed by a violent left-wing mob who hate our country.” .. however few they may comprise of.   https://www.independent.co.uk/news/uk/crime/nigel-farage-cement-barnsley-reform-uk-b2560501.html  
    • According to Parkopedia parking is limited to two hours.  I don't know how accurate this is though. What were you doing there for four hours?
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Kirsty v Nationwide


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Hiya Kirsty

We are at Exactly the same stage, same day and everything!

exiciting innit?!

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They closed my account last week, I had owed them £43 in charges for about six months, they can pay themselves back out of the refund they WILL be giving me.

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Wait exactly two weeks from the day they would of recieved the lba

thats plenty of time for them to pay up without the interest and court costs being added.

If they want to pay these extra amounts, who are we to argue eh?!

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lol @ you!

It will come up as being signed with your name printed

Oh and apparently its the piper address you need to use!

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yea thats right

this one:

nationwide BS

nationwide house

pipers way

swindon

sn38 1nw

  • Haha 1

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Nah not a dickie bird

Im filing next Tuesday, so If they are planning on settling out of court they had better get a wriggle on.........but I'm not holding my breath lol

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lol To be fair Emma the 24th was only three days ago and two of those were the weekend

Patience is a virtue or so Im told!

Mine was issued today, seriously not expecting to hear anymore for at least another week, course though, would be nice if I did!!

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Apologies to Kirsty who seems to have had her thread somewhat Hijacked!

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lol Emma you tickle me pink, there is something about your posts that have me lol (ing) literally!

You deffo aren't alone with the nerves, this is my second claim, but I still have waves of nausea. Thing is though, last time, I got a refund, I had this day of elation then I realised I missed the thrill of the chase, Ya know, a bit like when christmas is finally over and everyone has gone back to work! lol

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Well done Emma!

Must be ours next eh Kirsty?!

fingers crossed anyways.

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Hiya Kirsty

You cant add charges that haven't actually gone out of your account yet, all you can do with these, is ask Nationwide nicely for them back..........chances are you will get them after you have already successfully got a refund, I know I did with Halifax.

You work out your daily rate by taking your figure and timesing it by 0.0002

hope this helps

good luck!

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I haven't done a N1 form before, as I borrowed my friend card, I only have Electron too!

I have just found this though

PARTICULARS OF CLAIM

 

 

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

Notes:

 

Delete words in square brackets if not applicable

 

1. Insert a/c no.

2. Insert Date

3. Insert Sum

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Yea sorry, as soon as I posted I realised it wasnt what you wanted, and am frantically searching the forums to find the answers!

I have worked out that you can send the printed form with a postal order to the court.

or if you can find someone that will let you use their card you could still use mcol, they take every other card but Electron, which if your luck is anything like mine .........typical!

Let me know how you are doing, and if you still need help I will search again tomorrow for you, cos I don't do the work thing! lol

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I did do the work thing, then got pregnant, did it again then got pregnant, did it again and got pregnant. Went back to work, youngest got to nine years old and life was settled then .....................I got pregnant!

Little girl after seventeen years of producing boys!

I decided that was it until she was old enough to fend for herself, mainly cos I don't wanna miss a thing, but also worried that history will repeat itself......... I'm too old for all that kinda thing !

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Don't forget to donate to this site, they gave us the backbone to put up a fight, we've learnt how to reclaim our rights and proved banks are all nothing but........ rubbish <wink>

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Hows it going Kirsty?

You heard anything yet?

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Only one thing you can do........................

 

Completely ignore them

Its a standard bog off letter.

Start your court claim and continue the fight

 

 

good luck!

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Don't forget to donate to this site, they gave us the backbone to put up a fight, we've learnt how to reclaim our rights and proved banks are all nothing but........ rubbish <wink>

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Sorry you have lost me!

A copy of what?

How far have you actually got with the claim, and why have you sent the bank your bank statements?

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Don't forget to donate to this site, they gave us the backbone to put up a fight, we've learnt how to reclaim our rights and proved banks are all nothing but........ rubbish <wink>

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So the local branch have had a copy of your schedule of charges, your preliminary letter, and your letter before action?

Has it been your local branch that have answered or have they been forwarding your letters onto Electra house?

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Well done Weds!!!!!

That extra £20 will be mine though! lol............they underpaid me by £19

Well to be honest they havent paid me at all, the letter, with the cheque enclosed, didnt have a cheque enclosed!

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Don't forget to donate to this site, they gave us the backbone to put up a fight, we've learnt how to reclaim our rights and proved banks are all nothing but........ rubbish <wink>

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No!!

I rang them again at half four, and that department had gone home, someone will call today, Im not holding my breath though.

I will end up calling again if there is nothing in the post.

Will let you know what happens.

Have you heard anymore yet?

x

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Don't forget to donate to this site, they gave us the backbone to put up a fight, we've learnt how to reclaim our rights and proved banks are all nothing but........ rubbish <wink>

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congratulations..........now what we gonna do for kicks eh?! lol

xx

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I have Welcome, barclaycard, capital one and Abbey left

but they are all being done just to reduce the outstanding debt, so not quite so much fun. S'ok though Kirsty is buying the drinks after her hsbc one!

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Easily confuddled?

and

Gerrof my font

;)

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rofl

call yaself Milktrayman, but you aint a t**t eh?!

Do ya S.A.R. and stop playing with your colour pallette.

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Don't forget to donate to this site, they gave us the backbone to put up a fight, we've learnt how to reclaim our rights and proved banks are all nothing but........ rubbish <wink>

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See how he goads me into a response?!!?

Aren't you supposed to be hanging outside ladies changing rooms somewhere?

lol

ere........You arent a aol chatter are ya? You seem familiar!

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Don't forget to donate to this site, they gave us the backbone to put up a fight, we've learnt how to reclaim our rights and proved banks are all nothing but........ rubbish <wink>

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