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    • TBH gotta be quite frank here as much as we hate BM world. why didn't you not simply change the battery? or come here FIRST before launch a court claim? or let them do it.? a flat battery is gonna be a hard case to win +£500 on     
    • Hi all, thanks for the feedback. I have now made the final amends and included the supporting evidence in this final version of the WS / court bundle. Attached is the redacted version of this final WS / court bundle. If there is any further feedback, please do let me know. If not, I will get 2 copies printed for posting - 1 to the court and the other to Evri. Final Draft - Witness Statement and Court Bundle redacted.pdf
    • We dispute the claim on the basis the claimant has made not efforts to mitigate their losses, nor did they obtain any prior authorisation. The claimant purchased a used Mini Cooper Convertible from our dealership on or around 21st April 2023. On or around 23rd April 2023 the claimant notified ourselves that the vehicle had failed to start, the claimant had since had this diagnosed as a battery. The Claimant proceeded to book their vehicle with Stephen James (BMW/Mini Main Agent) and authorised a battery replacement and paid a total sum of £597.42, the claimant obtained no authorisation for this cost beforehand, and has since tried reclaiming the full amount. We have advised the claimant we would not consider the cost of the unauthorised repair he has had completed. Had the claimant returned the vehicle to the selling dealer, it is likely we would have offered to replace the battery at no further cost to themselves, we have therefore agreed to offer a contribution of £165 towards the repair. This cost is in line with the cost of a replacement battery had the vehicle been returned to ourselves.    
    • You can only get a CCJ if you lose the case and then stick two fingers up to the court and refuse to pay. Even in the very, very unlikely event of you losing, as long as you paid within the 30 days ordered by the court you wouldn't get a CCJ. But you've come here very late and we need the sticky filling in please.
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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
        • Like

Home Burglary & Advice needed please


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Hello, I have 2 different questions to ask please:

 

Firstly, my mum has 2 items with BrightHouse, one mobile and one 'smart ' computer.

She returned home from a weekend's holiday yesterday to find her home has been burgled and both items have been stolen.

Her contents insurance won't pay out as she is a couple of weeks in rent arrears

and the insurance is through the council tied in with the rent.

 

She's in total shock a the moment as the home was completely trashed and is loathe to go in a

nd speak to BH due to finding their customer service appalling in the past.

 

She took both items out in Nov 2011 and has service cover on the computer but not the phone.

She has reported the burglary to the police so has a crime ref number;

where does she stand with BH and having to still pay for the items?

She still has a year to pay on them, at least, but can't find her contracts at the moment as her filing cabinet was emptied

and all paperwork ripped/ruined or simply left in disarray.

 

Secondly, my partner took out 4 items with BH before we got together;

a tablet in Jan 2011,

an Ipad in June 2011,

an Iphone and

a computer in December 2011.

 

These items have been given away as presents to family members for birthdays and christmasses

(I know, he's an idiot. but there we go)

 

When we got together, his weekly payments were £70 a week.

He is on benefits due to being too ill to work and is long-term signed off sick.

His benefits are literally £72 a week.

Surely BH would have needed to see an income sheet before agreeing to him taking out the items in the first place????

 

He was under pressure from BH, phone calls, home visits, aggressive and threatening behaviour in the street etc,

when we got together and I eventually couldn't take it any more,

went in to BH store and said he can't afford the payments

what can we do to have them reduced.

 

Stupidly, I agreed to take them on in my name to reduce them to £40 a week.

This is still far too high a payment for us to afford per week,

and includes service cover on 3 of the items.

 

At present he is/we are 2 weeks late in payments and getting up t 8 / 9 calls a day from BH,

with voicemails left, some of these as early as 8.15am.

 

I am 36 weeks pregnant and booked in to be induced next monday,

in a wheelchair with pregnancy complications with a 17 month old daughter a

nd clearly need as much rest as possible.

 

The store manager, Kelly, knows this, having seen me in the street a few times in the wheelchair, yet they still are constantly calling.

 

I have written to the store explaining that the payments are too high and I can offer a reduced payment of £20 until I am back in work,

I have sent this also by email to head office email address on the website, and had no response from either,

just continued phone calls. I know t wont be long before they turn up at the door demanding repossession of the items.

 

Can you advise on the best course of action please?

I have found your letter template requesting service covers to be removed completely

and would be happy to send them that,

but if there's any further advice / information that could be offered first that would be great.

Many thanks

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  • 4 weeks later...

Hi,

I hope all will be well with yourself and your family soon.

 

Regarding the phone calls and home visits, simply tell them in a letter / email that you do not wish to receive phone calls from them and you do not wish to receive any home visits from them. As far as I know, they are under a legal obligation to comply with your wishes! Inform them that you will only deal with them by way of letter. They must write to you via letter should they wish to contact you!

 

If they then turn up at your door, you should then call the police via 999 and state that you have already informed them that they should not call upon you and that in your opinion they are breaking the protection from harassment act (this law says nobody should cause you alarm or distress)

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sorry you got missed

 

if you have DLC they should be covering the loss of the items

and no further payments need be made on the stolen items

as that why they insist on it

 

i'd also look at reclaiming all the OSC + interest charged

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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