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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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Hfo CCJ/CO now sold to LInk


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This is so easy. Here’s the record from Companies House showing that HFO Services was DORMANT until the end of 2005. Accounts for a dormant company were posted on 27/6/2006 for the year ended 31/12/2005.

 

When the name change took place, the company was dormant, so could have had absolutely NO RELATIONSHIP WITH BARCLAYCARD. Mr Shah is ill informed and thereby is telling an untruth.

 

HFO claim assignment was 27 November 2005, so there could have been no confusion by Barclays as a result of this. HFO Services Ltd was NOT TRADING AT THE TIME. Moreover, the company was known as Roxburghe for a mere fortnight, over a year before the supposed transaction.

 

HFOCoHouseListing.jpg

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This is so easy. Here’s the record from Companies House showing that HFO Services was DORMANT until the end of 2005. Accounts for a dormant company were posted on 27/6/2006 for the year ended 31/12/2005.

 

When the name change took place, the company was dormant, so could have had absolutely NO RELATIONSHIP WITH BARCLAYCARD. Mr Shah is ill informed and thereby is telling an untruth.

 

HFO claim assignment was 27 November 2005, so there could have been no confusion by Barclays as a result of this. HFO Services Ltd was NOT TRADING AT THE TIME. Moreover, the company was known as Roxburghe for a mere fortnight, over a year before the supposed transaction.

 

HFOCoHouseListing.jpg

 

need to write all this down and get it right thanks again and keep it coming if any of the caggers have anymore in put it would be a great help

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You are going to have to spell his out for the judge.

Donkey could i ask a big favour of you could you if you have the time summorise all this for me like broken arrow did I know its a lot but it will help me put my case and explain it better to the judge cant thank you enough

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I am starting to believe that TR’s WS is bordering on contempt of court.

 

was out at the time got a call that there was a letter from them thought what are they up too could not believe it myself when I read w/s

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Also, all of their assignments – by their own admission – are ineffective! That is fatal to their claim.

 

VJ, you posted this a while back – where‘s it from?

 

"The assignment only operates under the Act as from the date of the notice, that is, the date on which it is received by or on behalf of the debtor"

 

Holt v Heatherfield Trust Ltd [1942] 2 KB 1, [1942] 1 All ER 404; Holwell Securities Ltd v Hughes [1973] 2 All ER 476, [1973] 1 WLR 757 (affd [1974] 1 All ER 161, [1974] 1 WLR 155, CA)

 

This makes a mockery of HFO being able to charge interest from the date of assignment when in fact the alleged debtor might only have been aware of the assignment much later on.

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DB's on the right lines with this one. Shah has been pointed to this error before... by me funnily enough. And I have the evidence to prove it.

 

They are making a proper rod for their own back with this one.

need it get it down in order so as the judge will understand any help is appreciated

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sorry but para 4 of that statement is nonsense

 

Barclaycard confirmed that the current owner was HFO Ireland?

 

How the hell did they do that if they sold it to Caymen?

 

 

lordy lordy, thats just bonkers

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Sounds like a notice for a future assignment to me, PT! The Barclaycard NoA from 2005 (!) stated it was sold to Ireland!

 

The issues with Roxburghe/HFO Services confusion are embarrassing for them.

 

• Your account was sold on 16 Nov 05 to Roxburghe (27 Nov to HFO Cayman, according to HFO)

• At this time, HFO Services was a dormant company (proven)

• The NoA from Barclaycard – produced by HFO – claims the account was sold on 27 Nov 05 to HFO Ireland, and you had to deal with HFO Services.

• HFO Ireland did not exist on 27 Nov 05, and HFO Services was not operational.

• HFO are claiming interest from assignment, so want to rely on the assignment document from November 2005.

• The assignment is fatally flawed and is therefore invalid.

• Even if they had sent an NoA at the time claiming assignment to HFO Cayman, they did not inform you of the subsequent reassignment to HFO Ireland. Therefore the PoC if false and the claim fails.

 

Are you following this?

 

PT, how do we try and push for clear contempt with this?

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Sounds like a notice for a future assignment to me, PT! The Barclaycard NoA from 2005 (!) stated it was sold to Ireland!

 

The issues with Roxburghe/HFO Services confusion are embarrassing for them.

 

• Your account was sold on 16 Nov 05 to Roxburghe (27 Nov to HFO Cayman, according to HFO)

• At this time, HFO Services was a dormant company (proven)

• The NoA from Barclaycard – produced by HFO – claims the account was sold on 27 Nov 05 to HFO Ireland, and you had to deal with HFO Services.

• HFO Ireland did not exist on 27 Nov 05, and HFO Services was not operational.

• HFO are claiming interest from assignment, so want to rely on the assignment document from November 2005.

• The assignment is fatally flawed and is therefore invalid.

• Even if they had sent an NoA at the time claiming assignment to HFO Cayman, they did not inform you of the subsequent reassignment to HFO Ireland. Therefore the PoC if false and the claim fails.

 

Are you following this?

 

 

Now then

 

• The NoA from Barclaycard – produced by HFO – claims the account was sold on 27 Nov 05 to HFO Ireland, and you had to deal with HFO Services.

 

This is the part that ruins them, you see Ireland didnt exsist at that time nor did it hold a CCA licence thus commits an offence pursuant to s39 CCA 1974

 

I cant see how this can get off the ground if submissions are made to the Court on these points as applying logic to this, it is clear that the Claimant lacks standing in the matter.

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