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    • I have a mediation meeting coming up for this account. Can someone give me advice on what to expect. Its says I have up to an hour to present my case? I understand from the literature I have that i won't be speaking directly to the creditors etc. but just wondering what kind of questions they will be asking me.   TIA
    • I have a mediation meeting coming up for this account. Can someone give me advice on what to expect. Its says I have up to an hour to present my case? I understand from the literature I have that i won't be speaking directly to the creditors etc. but just wondering what kind of questions they will be asking me.   TIA
    • I'm afraid we don't delete material from this website. It is an important information basis which helps people who post questions or who come in any way to understand their own positions in respect of commercial bullies. You're welcome to come back to us any time and we are happy to help you. However you should certainly take this away with you: the right to reject whether 30 days or six months is predicated on the manifestation of defects. The defects don't have to be serious but there must be defects. So far you have not identified any defects. However you seem to be pretty clear that the vehicle is not as described and I would say that this probably amounts to a fundamental breach which allows you to insist that the contract is cancelled and everything is reset to 0. I would say that this is good argument for declining to pay some mileage – particularly if you can show that you have reacted fairly quickly. Don't expect big motoring world to be helpful. They don't understand these the subtleties and anyway, they are not your friend. Get an MOT. Read our used car guide – and especially go to the little video and you will understand more about your position. Get an MOT. If you are lucky then it will fail and this will then give you the right to reject under the consumer rights act. It doesn't put you any particular advantage over the "not as described" basis – but at least big motoring world will understand that because this is something that they are dealing with hundreds of times every month. You have indicated that if the car was properly sorted out then you would accept it. This is properly a mistake. I don't know if you have come over from Facebook – but go to the Facebook complaints group – and he was seen understand why you are better getting away from this company. This doesn't mean that all the rest a better – but this company is certainly unhelpful. Of course there will be people – probably lots of people you have had very satisfactory experiences but it seems to be a pattern that one things go wrong, then these people will raise obstacles and make your life difficult and eventually fatigue you. If you go to solicitors, then be prepared to pay their rate which could be £300 an hour. Don't expect to get their money back. It eventually you have to take big motoring world to court – on the basis of what you say you will win – but you will get some of your costs returned and not all your legal costs. And of course if you do go to solicitors then you will save money by doing more of the work yourself and leaving less for them. We can help you do that if you want to stay the distance. And of course you will take this harshly – if you'd exercise the same level of caution when buying this vehicle – doing research et cetera and checking carefully what you had bought, that you appear to be exercising on this forum with your reluctance to disclose details – then you would be in this situation that you find yourself in. Come back here if you want any help. We don't muck around and you have to fall into line with the way we do things. Regards
    • @tobyjugg2 If you go back through this thread, there was speculation towards end of April that Sunak was looking at GE for end of June or early July. And that the GE would be announced after end of May Bank Holiday. I think many connected  to Tory party will have known about possible plans for a July election. My local Tory party had election leaflets through doors a few days after the PM's announcement. So this indicates that they were ready. There were articles in newspapers including The Guardian saying they had heard about July election. And you linked to a online article months ago saying Tories would lose to a Labour landslide where polls at the time were quite simular to current polls. So the polling has not changed as the mood of the country has not changed.  Some think Sunak will be first PM to lose their own seat.
    • More great news although that Boris the crooked liar can still garner that many votes does give even putin apologist frightened farage some hope in a seat somewhere, anywhere across the country - even if he never intends to be there eh?  
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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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NPower took me to court i got CCJ then gave me a refund???


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Hi,

I was taken to Court by NPower about 2 years ago for a utilities debt of around £750.00,

i was allowed to pay it off in 3 monthly payments which i did,

 

 

a couple of months ago i got a letter and a refund of £282.00 and an apology for the delay in spotting that i had been overcharged.

 

 

the annoying thing is, that if the original debt had been £282.00 less i could have borrowed the money to pay it off and avoid getting a CCJ.

 

 

Can a CCJ be removed if the company later realises they made a mistake?

 

thanks

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Yes - you may be able to.

 

Please monitor this thread for a fuller response in an hour or so

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The basis for a set-aside is that you didn't receive the court papers and that if you were permitted to file a defence, that you would stand a chance of success at trial. This is all subject to the Overriding Objective which is that it is in the interests of justice to grant your application.

 

It seems that you probably did receive the court papers and it seems also that you may owe part of the amount claimed – although not all of it.

 

This means that you could file a defence – or at least a partial defence against their claim. The most important thing is that there appears to have been overcharging and they have put their hands up to this. This means that a judgement for the amount claimed is probably unjust and therefore it would be in the interests of justice for the court to grant your set-aside application.

 

I think that we need to know a little bit more about the overcharging. Is it clear that at the time the claim was issued, that you had been overcharged – or is the overcharge something which has happened since then?

 

Did you put in any kind of defence? Who was it who sued you? Was it Npower's own in-house incompetent legal department, or was it sent outside to some external solicitors?

 

Have you got any of the court papers – including the claim?

 

What steps did you take to challenge the amount claimed before they actually issued the papers?

 

I suggest that whatever you do, you begin by sending Npower an SAR.

 

After that, I would suggest that we start looking at the possibility of you contacting them and asking them to consent to a setaside application. If it is there external solicitors then they may well agree. If it is there in-house firm of solicitors, then our experience of them is that they can be unprofessional and un-businesslike and they may withhold their consent simply because they are bloody-minded.

 

 

You have a CCJ on your record now. What effect has this had on your financial life? What effect has the whole overcharging business had on you? Have you suffered at all as a result of this entry on your credit file?

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