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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Wilkins vs Halifax ***WON***


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Just subscribing.

I was directed to take a look in here by Glenn, who is (with many others)obviously looking after you very well.

I too am putting in a claim for prior to 6 years, so will be watching this with great interest.

For what it's worth, I have done a hell of a lot of reading up on the Statute of Limitations, and read all the relevant cases and precedents, (and tried to do so impartially). It is IMHO evidently the case that sec 32 really should be permitted in claims such as as our own.

Here's my summation FWIW.

This is a bit of a "Cart before the Horse scenario".

We raise a call to invoke sec 32 based upon concealment/mistake of the lawfullness of the charges.. yet concealment/mistake of the lawfullness per se is still as yet actually unproven in court, so they try to raise section 5 of SOL, as if the payments were actualy lawfull.

In response you insist on the "Prima Facia" issue being the unlawfullness. Once this is proven it logically follows that either concealment or mistake were thus the cause of all the other payments.

You then have 6 years from the point of discovering this to make a claim.

 

This is why it is so important to keep claims raising sec32 in tact, and not allow them the opportunity to divorce the issue of unlawfullness from the issue of time barring.

They will try every tact to create this seperation, the usual one being offers (or even just deposits) of charges post 6 years. (wilkins, FWIW I think you have done remarkably well in this case).

 

So, in short:

The Prima Facia issue to be determined should be the lawfullness or not, once that is determined invocation of Sec32 either kicks in or not. Any attempt by the Defendant to raise section 5 before the lawfullness is proven is a distraction as the two issues cannot be divorced. If they wish to try to claim a bar should be effective, then they must be prepared to go into a court and try the issue of lawfullness first.

 

JMHO

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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well, lets see what happens!

I am awaiting for call but nothing as yet

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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....BTW

Forgot to say all the best of luck !!:)

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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WON!!!!!!!!!!!

They have just rang me in relation to the letter I sent and they have paid me full today into account, cleared by the morning. Court hearing off tomorrow:p

Thank you all so much and thanks to Bong (Claire) and Glenn for all their hardwork.....it is much appreciated.

As soon as get money will donate.:D

Charges back from 1991.............everyone go for it!!!

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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WON!!!!!!!!!!!

 

 

They have just rang me in relation to the letter I sent and they have paid me full today into account, cleared by the morning. Court hearing off tomorrow:p

 

Thank you all so much and thanks to Bong (Claire) and Glenn for all their hardwork.....it is much appreciated.

 

As soon as get money will donate.

:D

 

 

Charges back from 1991.............everyone go for it!!!

FANTASTIC

 

dpick

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WOWWWWWWWWWWWWWWWWWW!!! Excellent news, I am SOOOO happy for you. Congratulations and well done for hanging in there :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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i no me too, shows everyone can be done. nail biting today though, but stuck it out :)

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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WEY HEY !

 

HAPPY DAYS !!

 

WELL DONE !!!

 

 

CONGRATULATIONS !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

 

 

 

 

MOSES

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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FANNNDDAAAAAABYYYYYYDDDOZEEEEEEEEEYYY

:lol: :lol: :lol: :lol: :lol:

 

With yourself and Bong in same week, great news for all going for pre 6 years !!

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Edited deleted info

 

Bong

 

i have sent you and Wilkins a short pm perhaps we could discuss this vie email if you have a minute please?

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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CONGATULATIONS WILKINS A TRUE PATHFINDER action-smiley-033.gif

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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I'm so pleased for you, no you can look back to the begginning of this thread and think about all that stressin you did, and laugh!!!

 

I've just been round to the post office and sent halifax my SAR, you have given me faith girlie!!!

 

Once again well done!!!

 

:D x

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do people think this is a tactic we should keep up our sleeves? Glenn and I are undecided about this, so other people's views would be great. if so, I will delete the info in my above post

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I'm not too sure. If it is to be kept off the forum, maybe there can be a post somewhere for people to request the letter by PM?

 

Having said that, there are new tactics/letters etc being discussed all the time on the open forum so it wouldn't really matter if the 'spies' saw them. Maybe they'll get the idea and stop being so narky about such claims when they see that we too are capable of finding loopholes?

 

JMHO?

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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do people think this is a tactic we should keep up our sleeves? Glenn and I are undecided about this, so other people's views would be great. if so, I will delete the info in my above post

 

I'm not sure.

This site is all about sharing info, and unless someone happens to come across this thread, they wouldn't neccessarily know anything about the tactic. On the other hand, I'm wary of giving the other side a head start :D

 

Cheers

 

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

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:grin: :grin: :grin: Congratulations

 

Have watched your thread with interest ;)Well done inspiration for all.

 

I will be settling down at 8.59pm with a large glass of wine tonight and will srink a toast for you and CAG then I will watch Whistleblowers. Hope you do the same.

 

Well done

 

Regards

Dee:-)

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