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    • We purchased our Mercedes in September 2023 from Doves in Horsham for £21000, paying half cash and half on finance. We also purchased warranty for life via Ramp as recommended by Doves. On 12th May 2024 the car failed to recognise the key and wouldn’t not open, the AA could not identify the problem so via our warranty the car was taken to Mercedes in Croydon. After 3 weeks the problem was finally identified as water ingress in the drivers side footwell which has corroded and blown various components. After further investigation it was discovered the windscreen was date stamped 2019 (all the windows are 2018 - therefore not the factory fitted windscreen) The leak has developed due to incorrect sealant being used assuming when this was replaced and also water leaking from the seam. The warranty company do not cover water ingress so we are now faced with a bill of £3635. As we are now at 8 months since purchase (problem started at just over 7 months) we are not covered by the consumer rights acts. Would we be covered Sale of Goods Act? We have all the reports for the works being completed but unsure if this should be taken to the finance company or Doves who we purchased the car from. Do we pay for the works and then try and claim it back or should they be paying? Any help would be much appreciated
    • im also wondering if back billing applies here too . from looking at like threads around this SSE to ovo compulsory switch, it must be evidenced by the claimant that bills were regularly issued for the period of the supply the debt they claim covers. there are no threads here that show they could ever produce them, so back billing rules (12mts) might also play a part.
    • Vodafone have reported that they are having issues with their Credit File APIs into the Credit Reference Agencies where aged accounts over 6 years are being readded to Credit Files. In some instances, people are having defaults rescinded and changed to late payment status making the account live again!    --- Have you been affected? Please keep an eye out on your credit file for any  new Vodafone Account appearing where there shouldnt be any reason. If you are a Vodafone Customer - Check that the information is correct. check for Late Payments and Defaults.    Don't forget to consider the financial impacts this could have on you.  ---   If you are struggling - Post below and we can guide you to get the result you need!    Its been reported that Experian and TransUnion seem to be where these appear.  They are able to remove the information relatively quickly and it will reflect on next Credit File Refresh.         
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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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Drydensfairfax & O2 CCJ


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An update.

 

I received a change of venue and hearing date back in October and the directions stated that 'all documentation which that party intends to rely at the hearing no later than fourteen days before the hearing', it also states that 'The judge may refuse to consider a document or take it it into account if a copy of it has not been sent to the other party as required by this order' and 'failure to comply with this order may result in the case having to be adjourned and the party at fault having to pay costs'.

 

The hearing date is the 19th of December and they have informed me via telephone that they have now come into possession of the documentation requested today and that they will be sending it first class mail tonight so with current Royal Mail time scales I would assume I will receive this either Saturday the 7th or Monday the 9th of December if indeed they do have anything at all in their possession.

 

Should I now just play the waiting game and see what materialises or should I be doing something else?

 

Thanks in advance.

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Have you got your own documentation in?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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While you wait for this disclosure you should be preparing your disclosure of documents you will be relying on as per your defence /witness statement and serving on the court and the claimant as per the above Court Directions.

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So there is your defence copies of the CPR/CCA requests/Responses copies of your DQ.

We could do with some help from you.

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Didn't realise I had to copy Drydens and give the court copies of CPR request and copies of questionnaire. I will get these to the court in the morning and hope it is in time. Do I also need to copy Drydens on all of this again even although they have it?

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Your post #45 above :

 

'The judge may refuse to consider a document or take it it into account if a copy of it has not been sent to the other party as required by this order' and 'failure to comply with this order may result in the case having to be adjourned and the party at fault having to pay costs'.

We could do with some help from you.

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The documentation had already been sent to them so didn't realise I had to send it yet again. I know what I posted at #45 and didn't need it pointing out in bold this is stressful enough as it is dealing with Drydens without having extra stress piled on top.

 

I'm assuming a DQ is a directions questionnaire?? I haven't done this sort of thing before and am getting very upset and stressed now as I realise I am now going to be held liable for costs as well as this debt which I still have no proof of. Think it might be a better idea just to give up now and pay it in full just to end it all really can't handle this.

 

Thanks for your help

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hi my friend take a deep breath these guys here will help u they took me to court last year over a o2 debt and i won with costs they tried showing and using a statemant of paymants that was clearly printed on a piece of paper it was not a proper copy of a 02 statement and thats all they had to go on i put it to the judge that it could not be used as proof as it was not a true copy the judge agreed and i won. wait and see wat they send u bet it will be made up crap on paper like they did me

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hi my friend take a deep breath these guys here will help u they took me to court last year over a o2 debt and i won with costs they tried showing and using a statemant of paymants that was clearly printed on a piece of paper it was not a proper copy of a 02 statement and thats all they had to go on i put it to the judge that it could not be used as proof as it was not a true copy the judge agreed and i won. wait and see wat they send u bet it will be made up crap on paper like they did me

 

Thanks just getting so stressed over this. I'll wait and see what the postman brings thank you very much for your kind words,

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If you have not received their standard disclosure then you are evens..so dont worry about costs.I used bold to get your attention as you didnt seem to understand what I was advising.

 

Andy

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If you have not received their standard disclosure then you are evens..so dont worry about costs.I used bold to get your attention as you didnt seem to understand what I was advising.

 

Andy

 

Thanks Andy just got a bit much been for a walk :)

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Not a problem .......just copy the above as per post #49 and send them to their solicitor and court quoting your case number.If they are in default then you are on the higher ground and the court may issue sanctions against them as they have failed to disclose at Standard Disclosure.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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