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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
      • 160 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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Swift after repo on £30k debt of which +£12k is charges +£2k is PPI!!


sofi335311
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here are the WS exhibits but they are hidden as there is far too much to redact tonight

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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What help do you need sofi?

 

I posted the beginnings of a WS for you.

 

All you need to do is tell your story in it,

in a paragrahed fashion and throughout the WS,

 

 

you refer to any exhibits you wish to include,

such as statements, MCOB 12.5 (excessive charges) etc and rebutt any paragraphs from the claimants WS.

 

Because only you know the full sequence of events,

its not really something we can do for you,

other than to check it over when you post it to thread.

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https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements

 

This would be your basic format with your fleshed out bits inserted and each part numbered etc

 

Hit the link in the quote above

 

Look at Swift WS to see how one is written.

 

Paragraph your WS and reference any docs you will rely on as exhibits.

 

Rebutt anything you disagree with in Swifts WS by referencing the relevant paragragh and stating why you disagree with it.

 

The whole WS statement should then tell your story and challenge whats in Swifts WS

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Hit the link in the quote above

 

Look at Swift WS to see how one is written.

 

Paragraph your WS and reference any docs you will rely on as exhibits.

 

Rebutt anything you disagree with in Swifts WS by referencing the relevant paragragh and stating why you disagree with it.

 

The whole WS statement should then tell your story and challenge whats in Swifts WS

 

thank you Martin

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Did you serve your WS sofi?

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Did you serve your WS sofi?

 

No Martin

 

i put an application in for a N244 requesting a stay of proceedings and stating out my reasons for that

 

actually my mom died on 23rd october so i wasnt in a fit state of mind to do anything.

i also sent for an SAR but have not heard anything as of yet

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SAR to Swift?

Cant see why you might need that, you already have all the statements unless there is other stuff like default notices, call logs etc you think you might need?

 

Im assuming you havent heard if the case was stayed as per your n244?

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No i have not heard if i was granted a stay in proceedings as it was only submitted yesterday which is why i meed to attend tomorrow

 

as for the SAR i have been advised to get further info such as if they paid commission and " Override" commission and they didn't tell you how much both were they will be in trouble.

In fact ask them now ASAP if they paid commission and Over ride commission to Crystal Finance.

 

You could do it all by sending Swift an SAR..........that is another way you can ask the court to stay the hearing next week as your SAR info will provide you with more evidence to fight them with and give the Court further insight into all matters

 

theres lots of other things Martin such as they increased the interest rate 3 times when actually LIBOR from Dec 2006 to August 2007 yet they increased my interest on 20th Feb 2007 then...

 

........ from November 2007 LIBOR went down and down from 5.49% to 2.81% to September 2008.

 

they increased your interest on 20th August 2007 then on 22 December 2008 they increased it again even though they had not reduced it at any time when it was going down,

 

they increased it as soon as it went up again even though LIBOR was at least 2% lower that when your agreement started.

 

by getting an SAR i will know more about my account apart from fees and charges

 

We have absolute evidence and confirmation from the OFT that Swift did not include Eastern Counselling in their CC licence from 2004, and as they have used it since that is deemed to be a criminal offence under section 39 of the Consumer Credit Act 1974 and its subsequent amendments 2006.

 

A claim can neither be pursued or defended against the background of an illegal act under the Doctrine of the Illegal Defence.

 

Exactly and by doing so they committed a criminal offence......

.....Swift Advances Plc used Eastern Counselling to levy the fees and charge who then added them to your account .....

..Unlawfully.

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great work!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Superb stuff Sofi and best of luck tomorrow, hope all goes well.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Well done Sofi! You have been busy:-D I'm pleased you took a big breath and allowed yourself more time. Wishing a positive hearing for you tomorrow.

 

thank you Determindator

 

Had a lot of guidance and help and hopefully it should do the trick

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UPDATE ON COURT HEARING

 

THE JUDGE HAS ORDERED

 

1. By no later than 4pm on 27 January 2017 i the defendant must if they intend to defend claim further file/serve a defence and if appropriate counterclaim setting out clearly the charges which they dispute together with reasons and clarification of the legal basis for the dispute

 

2. No later than 4pm on 10th February 2017 the claimant shall if so adviced file/serve a response to counterclaim

 

3. Possession hearing date adjourned to 20 February 2017 ( if the issues between both parties cannot be determined then the hearing may be used to give directions

 

Sofi

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