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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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Ready to have a go at Barclaycard! now received CC Claim for full amount


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Hi Smoothhound I am moving your thread to Financial Legal Issues...Slick as asked that I advise you with regards to your defence and the exposure here is far greater than the forum you was initially placed.

 

Give me chance to review your thread and then we can start to get something drafted in response...what date is your defence date?

 

Regards

Andy

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Plenty of time yet then ...just give your thread the occasional bump towards the end of next week...I assume you have requested all documents CPR/CCA ?

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We could do with some help from you.

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Yes that's fine SH....invariably they never respond to a CPR request so you are really making it for the sake of going through the motions and then referring to it within your defence.

 

Most Default Notices act as a Termination Notice so you should request it as Default Notice/Termination...most defiantly request Notice of Sums in Arrears.

 

Andy

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Yes but you will be making a separate request for the agreement vis a Section 78 request (CCA) also

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CPR is not a legal request its Civil unlike a section 78 which places them in default if they fail to comply and more importantly unable to enforce or seek any relief from the agreement

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No requirement to sign but you can print or sign uniquely ...different slant ...dot the I ...dont cross the T:wink:

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  • 2 weeks later...

" They don't want to start a fishing expedition prior to defence being filed . There are 2 agreements in the POC? They want to know which one I want? "

 

I bet they dont.....probably because they have no documents and now the emails are flying back and forward to BC.There is one agreement one default notice and one assignment referred to within their particulars....not that difficult is it.

 

I have not deserted you SH Im watching and waiting to see what nonsense like above transpires.

 

Regards

 

Andy

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Better late than never retain for future use.

 

Set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try http://www.pdfescape.com TO BLANK STUFF,

************************* ************************* ***********

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use http://www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAGicon in the title

i'e Default notice DDicon-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

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Well well well...that response is the thinking man,s version of a Mr B Carter template response...obviously been swatting up on the CPR to draft that response.

 

SH what exactly did you request within your CPR 31.14?

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Originally posted by Smoothound

 

1.The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2. Notice of Assignment and proof of service

 

3. All statutory notices i.e. Default Notice, Termination Notice & Notice of Sums in Arrears

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Then their response is correct they only refer to the Agreement and Notice of Assignment in their particulars from your request above.

 

You cant request if not referred to.

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No its designed to frustrate and confuse you.They have enclosed a copy of the NoA thats all they have...they have not got the agreement...that's their response.

 

They have yet to respond to your section 78 request.......they will have to work harder with that response:madgrin:

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You dont respond to either...wait until defence.

  • Confused 1

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Why what's happening this weekend SH? :lol:

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Wont be last minute...but you will have to bear with me.

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Thread title amended to reflect the current position.

 

Smoothhound are your spreadsheets ready and up to date...did you ever attempt a particulars of claim?

 

Regards

 

Andy

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Okay can you now type out their particulars of claim (verbatim) less any identifiable data...and if you have not disclosed the figures here in this thread please PM the amount claimed and the details of your spreadsheet (net & gross)

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I am of course assuming in all this I got my defence date right in post 113?

 

No its actually the 17th August but I had already accounted for that.:wink:

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SH ....defence is almost complete just finalising it.

 

Regards

 

Andy

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Simply add the claim number and Claimant V Defendant and date it.

 

[email protected]. gov.uk

 

Andy

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Just ring CCBC in the morning SH and check safe receipt..I would also log your difficulties in trying to submit on line.

 

Andy

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Not particularly..all email submitted defences are registered as received the next day......hence my advice to log the error with on line submission.

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As in an additional email? I can't see a way to do it via MCOL?

 

No you have already done it ...your post #162

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  • 2 weeks later...

Yes you should receive an acknowledgement of defence from CCBC and that they have served a copy on the claimant...you did ring after email to check receipt?

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