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    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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 
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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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Carter/lowells claim form HBOS loan - help

N-Hope

By N-Hope
in Financial Legal Issues

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N-Hope

N-Hope

Posted
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Posted

Guys, Any updates for me please, I don't want CCJ.

I have been speaking to friends and family if they could assist in getting some money, but my worried is that, at the back of the claim form regarding payment/settlement, if I decide to spread the payment I will still have CCJ registered but paid in full they didn't say what will happen.

Is there any way I can buy time?

If I decided to defend the case and ask them to provide me some document, I am sure that before they will respond it might take a while and that will afford me time to put some money together and if at the end they come back with the documents can i still pay in full without any CCJ registered?

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted (edited)

Please read Citizen Bs post 21 and do what has been suggested then you will get help. Have you sent the CCA request yet,

Edited by ims21

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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N-Hope

N-Hope

Posted
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GRIGADIER2JCS Yes, I found the CCA link and template, I will do that now and wait for their response.

I was able to get the credit report today and the default was 2009 and lowell name was on the account , does that mean they bought the debt.

likely they might not have the agreement

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ims21

ims21

Posted
Posted

Ok so 17th Jan + 5 for service = 22nd. You have 14 days from then to acknowledge so you must do this by 5th February and then you have a further 14 days to file a defence so that makes it 19th Feb for anyt defence to be filed.

 

Your acknowledgement can be done on-line using MCOL and by following the instructions in the claim pack which was sent you.

 

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N-Hope

N-Hope

Posted
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IMS21/All, thanks for telling me this, I was looking at 4th of feb.

I will send the CCA to them and wait for their response, if they don't response before 19th Feb. i will file a defense

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Mike_hawk

Mike_hawk

Posted
Posted

N-Hope

 

I think if it were me I'd acknowledge and state that you will defend all, not sure whether you have a valid defence but this will buy you time to construct something if only a denial and putting it to proof. Bear in mind that you can change position and admit at any time if you decide that going to trial with this is not something that you'd be comfortable with.

 

If BC issued the claim it is very likely that it will offer to compromise the case by consent on agreed terms after receipt of your defence, whilst this may not be the outcome you want it would provide you with an option to avoid judgment at affordable terms if your case is weak.

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N-Hope

N-Hope

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Thanks Mike_hawk,

I will send the CA request but should I wait for their response (depend on time scale) before I will acknowledge and send my defence.

Also a valid defence will be based on the documents received/feed back from them right....

If my defence is weak, the only option I think I will have is to admit and settle the full payment....please correct me if I am wrong.

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Mike_hawk

Mike_hawk

Posted
Posted
Thanks Mike_hawk,

I will send the CA request but should I wait for their response (depend on time scale) before I will acknowledge and send my defence.

Also a valid defence will be based on the documents received/feed back from them right....

If my defence is weak, the only option I think I will have is to admit and settle the full payment....please correct me if I am wrong.

 

You can acknowledge now, don't wait on the other side to respond to your request for info

 

Looking back through your thread that would give you until 19th Feb to file your defence, I'd be inclined to see what its response is before making any conclusions, if it appears that you have no defence then we can look at what options [if any] are open to you to resolve without the headache of a judgment.

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N-Hope

N-Hope

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Hi All,

Thanks for all the advise.

I have sent off the CA request, also acknowledge the service but still waiting for responses...

Also do I need to send any letter to BC?

But the question is how to file my defence......

I will keep you posted, as soon as I get any response back.

thanks!!

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Mike_hawk

Mike_hawk

Posted
Posted

You have a while yet to think about your defence.

 

Letter to BC....... you could certainly serve a part 31 request for any documents mentioned within it p.o.c. I can see that you've posted an extract from its particulars but it would be helpful to see it in entirety to identify which documents you should request. BC won't do much but reply with the usual bluster regarding small claims track exclusions etc but it never hurts to ask.

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N-Hope

N-Hope

Posted
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Posted

Thank you Mike_hawk for your prompt response.

Okay, i will scan and attach..

Letter to BC, if not really necessary, i would wait for the other party to respond.

 

[ATTACH=CONFIG]49079[/ATTACH]

Hi Mike_hawk, as requested here is the p.o.c, hope i have not taken too much details out, if you need more pls do let me know.

many thanks!!

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Mike_hawk

Mike_hawk

Posted
Posted

Looks fairly typical of BC's particulars, I'd send it a part 31 request for copy of the agreement and notice of assignment. Other than that there's not a lot more you can do at the mo, give it a few more days to reply to your CCA request [if any] and start looking at defences on here which could possibly be revised to suit your circumstances

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AndyOrch

AndyOrch

Posted
Posted

In the library (Legal Section )

 

Save you a journey:wink:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

Amend to suit...you can only request the docs referred to with the particulars.

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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