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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
      • 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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Can i ask then if the claim will be above or below £10,000.

Its a very relevant question in terms of how things may pan out.

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its fine ive already looked at this )

 

the undisclosed commission fees alone were 7,000 5,000 2,000 1,000 3,000.

it was crazy

the rep who did loans working for blemain cost me dearly

 

i couldnt do all i needed to do home inprovements a roof leaking heavy on electrics i needed to reroof and cos on 35,000 he took undisclosed commission fees that high it was my roof money so

 

i had said look whys this money going

he said we take care of everything

you get cheque at end

 

he said no problem wait 4 wks

we do another loan for 50,000 of which i never wanted 50,000

i didnt want 35,000

he kept sending cheques short

 

now i got roof done but blemain took 7,000 undisclosed comission fees and my loan is 412 a month

 

on income that blemain take over way half of my money for 10yrs they tormented me.

 

I just want the loan write off and not be associated with blemain ever again and refresh my life new and i just want out and compensating for being treated awful and disrespected also an appology in court.

 

This was way they did loans for 2004 to 2010, and im so fed up now with all the other customers who also had same staff doing loans and i hope court look at their license ?????????????? because

 

I know this case in court will be different than another other person whose been court against blemain,

 

because this time ANSWERS why this happened are now clear and i noticed blemain also pay people out of court so they dont have to appear in court,

 

I want to be able to do a loan and know exactly what i am getting ,

SEE all paperwork,

Sign infront of company and date etc

and KNOW EXACTLY WHAT I AM PAYING FEES BEFORE LOAN IS DONE.

 

I am put off for life doing any loans etc now. For the staff to know what goes on some still work there over 11yrs a few originals.

 

Do you mean fees for court martin? if over 10,000

 

I think the commiittee members of blemain are the originals from 11yrs ago and i am not wanting to be kept under them and they know they owe me money and

 

last time i spoke to someone who deals with them from blemain they told me maybe you can have your money back in 6 months

 

im not playing games any more i dont like doing court and i dont like stress,

but court will be less stress than dealing with blemain anymore and getting no where.

 

I hoped when they changed their name to together it would be( loan company and customers unite ) but sadly it hasnt changed( it may be for new customers i dont know but for us older customers its utter hell you are treated different and its not pleasant.

 

its over 10,000 cos of them undisclosed commission fees

 

i could have gone under 10,000 and let judge do the undisclosed commission fees back as im sure with proof he will is that what do mean martin????????????

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You will probably have the claim allocated to the Fast Track or Multi Track with a claim of that value.

This in itself could lead to you being liable for Blemain's legal costs IF you lose in court, please keep this in mind.

I would also guess that they will defend over such a large sum and involve Barristers services, costing upwards of £1k a day!

 

Now im not trying to scare you out of proceeding, i just want you to be fully aware of how this COULD pan out.

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I very much do not believe they will face me court because they know the evidence gone in is solid and all true.

 

 

I want away from a company who have constantly disrespected me and im not staying in a pit anymore so what ever will be will be im still doing court.

 

 

Im not a person to walk past someone in the street laying on the floor asking people for help i will stop and try help.

 

 

Blemain made mevery unwell nerves dreading the phone ringing landline, mobile, texts etc, If I do not stand up for my rights i will be kept in BLEMAINS PIT THEY SLING YOU IN

 

 

well im not willing to get any iller cos them so since i found even more things on line about them its made me even more angry .

I went to see a legal company thurs they called blemain ROGUES????????????????????? what is that martin?

 

my contract with them i have has no landregistry stamp no reference, no date on contract, no underwritter sheet, no signitures of blemain and date all the paperwork had gaps on it also claus section 29 v? forgot now but ive highlighted it.

 

 

I ask blemain endlessly for underwritter evidence they cant send it cos dont have it all they say is so you want thes undisclosed commission fees back i say yes and then they BLOCKKKKKKKKKKKKKKKKKKKKKKKK IT AGAIN for months or say oh meetings, and you can maybe have in 6 months, no court can sort now cos im not waiting anymore on blemain.

Awful martin it is(

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Have you ever sent a SAR request to obtain all the data and info they hold on you? Worth the statutory £10 cost!

 

Thanks for the PM, as you know i cant answer any queries that way, what i can tell you on thread is that if you are on a low income, then you should be eligibke for FeeRemission from the courts.

You will need to look online for "EX160a" - information booklet and EX160 - Fee Remission application form. Both can be downloaded, you simply complete the form and send proof, maybe an Income Support letter dated within the last month.

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I have already downloaded EX160a court help me 4 wks ago and all sent of and acknowledged by them as for sar blemain have admitted they dont have underwritter sheet (YOU CAN GUESS WHY) it is very simple case really. Blemain didnt do rules of their contract right and they clearly know they owe me money.

 

It is very wrong for a company not to release to a customer what is hers taken by them I wont ask again thats it now im not banging my head against a brick wall any more. DISCUSTING , even the ombudsman said to me blemain dont answer questions, really ive had yrs of that no more may this end asap.

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Keep us updated on the thread with any developments sonwe can help along the way.

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Hi Martin ) Court today have told me papers will be served on blemain (together) and i will be notified when they were served it will be within less than wk now. I was told I dont have to speak to together if they ring, if i want to just tell them respond to court, the court said today, unless they offer full claim amount, it clearly states court told me on serving papers together have to respond to court.

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Yes they do, within 14 days from date of service and they must also file a defence if they intend to, within 33 days of service.

 

If they do not acknowledge or defend then you can apply for judgement, but kets see what happens first.

 

Make a note if thise 2 dates, 14 and 33 days from date of service, date of service being day 1 of the count and its days, not working days.

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  • 2 weeks later...

hi martin hope you are well)

 

 

just to let you know i have spoken to the court today,

they informed me that a DISTRICT JUDGE has my case at minute they are looking at somethings i wrote about my yrs under blemain.

 

 

They gave this a title and it would be under another complaint is it number 17 on my list or 18 to add.

 

 

I could clearly see it the more i read my claim papers today cos the title clearly fits what was done to me by blemain finance, I had felt to explain on my papers examples and yes it goes under a catogry what the court spoke to me about today.

 

I will know more within few days

 

If I owned a company which I do not, if I did I would have to abide by the terms and conditions and also respect my customers and be helpful and treat them fair and LISTEN to them and do my very best always never being rude, because I have to set a good example and have a good reputation.

 

 

Sometimes things gone wrong, but when they continue to go wrong that is very bad indeed.

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hi martin hope you are well) just to let you know i have spoken to the court today, they informed me that a DISTRICT JUDGE has my case at minute they are looking at somethings i wrote about my yrs under blemain. They gave this a title and it would be under another complaint is it number 17 on my list or 18 to add. I could clearly see it the more i read my claim papers today cos the title clearly fits what was done to me by blemain finance, I had felt to explain on my papers examples and yes it goes under a catogry what the court spoke to me about today.

 

Could you elaborate on exactly what the court has said please, its not clear from the post

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Still unclear what the courts have said, if there is an order could you type it to thread verbatim please.

We cannot give you good advice if we dont have the facts.

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they are looking at the order for human rights because i was treated by blemain so bad, thats all i can say at min. I am not happy because blemain made me feel very unwell and worthless by their comments for yrs and there constant hounding and mocking me and abuse, it wears you down and they ENJOYED DOING IT.

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Hi releaseusall

 

 

your case will need to show which law the judge can use as his job is like a referee

he/she needs to see what rules have been broken

i.e Consumer credit act unfair relationship 140

or misrepresentation act 1967

or as pointed out human rights act.

 

 

without this information the judge cannot award anything

it wont be any good the judge feeling sorry for you and agreeing youve been hard done to if he cannot see what law or rules have been broken.

 

 

most solicitors will give a free consultation which may guide you in the right direction

 

p.s suffering is by name only i am not actually suffering.

 

 

from your posts you sound like you are going through it.

 

 

stay strong and try to keep a clear mind.

 

"When you are going through hell keep on going"

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Ok just remember no more phone calls to them, you have a legal right to request everything in writing this also keeps every thing at a reasonable pace, But be aware they leave things to the last minute . i had paperwork delivered on the morning of the hearing, and check everything as they make plenty of mistakes. just out of interest which part of blemain was your loan with was it Lancashire Mortgage Corporation ?

p.s i noticed i cant PM you

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hi suffering

thank you for advice and support,

 

yes i am aware what blemain are like well aware im use to their unfair ways constant on going,

it was when blemain was called BLEMAIN GROUP and their old office, but the errors and ways of blemain have been on going continuos at me

 

i dreaded the phone ringing landline or my mobile and then texts they send you get bombarded all the time.

 

The court have told me that i do not have to speak to blemain ( together) as the court take over for them to reply to them, they said unless together make me an offer in writing.

 

The court will be fair i cant deal with blemain cos im not willing to take any more torment from them ,

 

my dr wrote twice to them and they still ignored my ill health and carried on being horrible and games and dictating i now am very happy court will deal with this claim.

You can pm when you have 30 messages i now do i think )

 

In your life a company has no right to treat you how they want

i got so worn down by them i constantly went to bed stressed, crying dreading the end of the month payments and on going hell from them.

 

This was constant on my mind and i grinding my teeth extreme i asked blemain to be fair, but you can guess what the answer was back.

 

W e can do what we want,

I said look i got dentist next day

i cant get stressed and still they carried on at me,

 

im passed the point now of any return with them,

with old staff from yrs ago still working there and i have no chance of ever being HEARD by them at all and my son heard many many times the battle on our phone of blemain constantly threatening me with legal procedure,

 

even when you day late payment and you rang to say to them i be day late it wasnt normal behaviour for a company to behave like that,

 

they dictated if you day late you have to ring up next day? yessssssssssssssss and go through hell for 2 hrs on phone

 

i am getting upset now remembering, and hearing them still,

so better finish comment for today,

 

its awful thoughts reminding me of their ways and jokes played on you not once but one was for a WHOLE MONTH on going joke and games..

 

My health i beleive will pick up once court deal with this, they have now given me a proper reference for claim and movement is in process

THANK HEAVENS.

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1,can you confirm you are taking Blemain to court (bringing a claim against them) or counter claiming

2 ,Are you a litigant in person ( meaning are you doing it yourself without legal help i.e a solicitor )

3. have you taken any advice from Citizens Advice or similar

4. have you spoken to a solicitor

5. what stage are you at

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Hi suffering yes i am taking them to court, and many reasons why. I have spoken to yes 2 different solicitors and also c a b . The claim i can not say much at min cos movement is in process.

 

suffering is your claim all finished? and are you now away from the company and set free from your time with them? from suffering to refreshing now indeed.

 

Hi suffering again

i have just read all your postings it must have been utter hell for you

same as mine and similar

well same claim as so many victums of blemain,

 

they would just slaughter us all if courts didnt end the torment.

 

So many awful ways and things they done to vunerable customers.

 

I WOULD LIKE TO APPOLOGISE FOR WHAT THEY DONE TO YOU IF I WAS BLEMAIN I WOULD DO THIS COS YOU HAVE TO HAVE INTEGRITY,

 

i am really needing a judge to end this hell and believe now light is at the end of a very dark scary tunnel.

 

Blemain asked me about 3 wks ago was i PROSECUTING THEM if i had put them in court ???????????????????

strange they ask me that or is it strange as they indeed are well aware they done me very wrong

,ITS NOT STRANGE AT ALL THEY CLEARLY KNOW.

 

I thank you for chatting suffering and help its cos you understand and been there too.

 

The torment for so long done by them does your head in and you fear every month with them. Court is good ).

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Good stuff, keep us updated.

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make sure the judge is made aware that Henry Moser the Chief Executive for the whole Blemain group was fined along with Cheshire Mortgage Corp.

if you wasn't aware

http://www.manchestereveningnews.co.uk/business/business-news/henry-moser-and-cheshire-mortgage-corporation-698694

because they will try to portray themselfs to be angels

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Would really like to communicate and compare notes with you. At present my case is going to appeal so cannot really say a lot on forum. For some reason I cannot send a PM to you but I think thats just the frustrating nature of the CAG system.

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Hi suffering and renewablejohn sorry i missed seeing you had replied to me very sorry

i must have got emails from consumer forum saying so but been so hectic i didnt see them.

 

 

Thank you suffering for info im most grateful for all this,

 

 

i do have so much evidence on blemain already,

but can check anything that you or other people send me ).

 

 

Renewablejohn you can inbox me when you have 30 posts )))))))))))))) its easy to do 30 .

 

 

I will check my emails now more.

 

 

Did you see bigmac in court again they are on here too?

 

 

bigmac left post for welshspoons and bigmac also posted on their own posts too.

 

 

I just been so busy lately and very stressed and tired.

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