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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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Call from GE Money'slrs to negotiate Settlement*Finished*


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:) Hi Dogwash

Any news yet keeping fingers and toes crossed for you way you go!

 

Catherine Bear

xx

:D :D :DMoney in account £13216.66!!!!

GMAC - stmnts rec'vd letter requesting £1662 refund of chrges MCOL on line being issued for ERC

SPML - issued MCOL on 21.11.06!

Kensington - statements received letter requesting £2455.55 refund of charges issuing MCOL for ERC

MBNA - refund £341 offered-sent letter requesting refund of £3846.59 charges!!!!!!

Capital One-going to issue MCOL for £1243!

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dogwash was to sign a confidentiality agreement - I hope that by the lack of updates that they have got their money :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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No sorry girls I haven't got my money! GE just been messing about (putting it politely). After the two calls from Gareth Vowels their solicitor which he made on a "without prejudice" basis - first call to negotiate second call to say GE agreed - I've not had any response and no sign of the money. Emailed him, rang him, he ignored me other than eventually sent me an email pointing out that his calls were withut prejudice so couldn't be referred to in court. GE are sub-prime lenders and their solicitors, Eversheds, appear to be sub-prime solicitors (even if they are one of the largest firms in the world - still its quality not quantity that counts). Having worked for a few firms of soliciors and worked for the Law Society at one time I've never encountered such a total lack of professionalism so have advised him that I will be reporting GE to FSA and him to Law Society concerning professional conduct, or lack thereof, and general handling of the case and would now only settle for the full amount plus interest. Got an email back saying he would take his instructions and be in touch "shortly". So looks like this will go all the way to court but ain't so bad because I am getting 8% pa interest (better than an ISA) accruing on a daily basis. I will be making my complaint to FSA and Law Society if nothing comes tomorrow.

 

A word of warning I have a strong suspicion that GE spy on this site and I upset them by posting so much info. So watch what you post!

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  • 4 weeks later...

No nothing to report. Heard nothing further from GE's solicitor. Could have done with it before Christmas and probably would have settled for less. But its probably for the best as I'll get full amount now and have no intention of settling for less than full amount now plus 8% interest. I've not been too well for a few weeks and ended up with pneumonia all over christmas and still feeling pretty rough so just going to just leave it now till hearing which is 19 Feb. Only a few weeks to go. Actually hope it gets to hearing - wouldjust love Judgement to be made. I actually got a Judgement against Abbey on 5 Dec on bank charges even though they settled the day before hearing. Court advised me to go ahead with hearing as I'd requested a Judgement because Abbey didn't bother filing court bundle. Got very nice Judge who made Order against Abbey and made a nominal award for my out of pocket expenses. Would love the same to happen to GE Money.

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Thanks Zoot. This one doesn't look like its going to go any smoother but Eversheds are really playing into my hands. On their AQ they requested a stay for 1 month to try and negotiate a settlement which I opposed and Judge didn't allow it. They rang me, we agreed a settlement then they reneged on it. I again offered to settle for a smaller amount for quick settlement and they ignored it. Going to look really good to the Judge. Just been reading sammyjammy's thread - Eversheds seem to be playing games - doing their best to intimidate.

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  • 2 weeks later...

Whilst reading through my file (getting ready to prepare court bundle which has to be filed with court by 3 Feb at latest) I noticed on GE's Allocation Questionnaire that where it asks if they have attached fee for filing allocation questionnaire they have ticked the box marked "NO". Does anyone know why they haven't paid fee for filing their AQ and does it have any bearing on the case?

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The defendant doesn't have to pay court fees including allocation fees. These are all born by the claimant as they are the ones asserting the claim. This is based on the principle that until the defendant is proved to be in the wrong they should not bear the costs of a claim. This is desiged to prevent vexatious claims without merit.

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Thanks Zoot. Sorry I pm'd you as well on this as I didn't realise you were on forum.

 

Looking through the various threads it will be interesting to see what happens in my claim as Eversheds didn't provide GE's Defence to my claim, they only took over conduct of the case after Defence had been filed by another solicitor. The Defence to my claim is pretty weak (and that's putting it mildly) and doesn't mention anything like counterclaims etc that I see from other threads Eversheds have started to do. Presumably it is too late for them to attempt to counterclaim now?

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Hi Sue, hope you are feeling better now. I've got no counter claim but as you've seen they are trying to get it moved to multi track, I've written a letter to the court pointing out why this isn't necessary and am waiting for something back from them. If Eversheds are seeking to intimidate then they couldn't be more wrong, I'm actually hoping there is a hearing to discuss it, its getting quite exciting. The AQ was an exact copy of several others that have been received on the forum, they must have a good photocopier!

 

Can't believe you still haven't heard anything from them, not long to wait now though!

 

Sam

I'm a Foolish person

 

IGroup ERC £1928.64 Ist letter sent 12/9

LBA sent 26/9

Moneyclaim input 13/10

Claim acknowledged 6/11

Received fob off letter 11/11

AQs sent back, IGroup request multitrack and hearing

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Hi Dogwash

 

Still with you....you're doin sooo well.....

 

Hang on in there. Hope you feelin better too

 

loads o hugs

 

lellypea

2006 RatNest - Personal a/c:

JulyLBA, Aug Filed Claim, Oct Settled in full £7,000

 

2006 RatNest - Ltd Co a/c

JulyLBA, Aug Filed Claim, Oct Settled in full £8,000

 

2006 RatNest - Hub's a/c

JulyLBA, Aug Filed Claim,Sept Settled in full £1,000

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  • 2 weeks later...

I really really hope that means you've had the best news ever.......................

 

Sam

I'm a Foolish person

 

IGroup ERC £1928.64 Ist letter sent 12/9

LBA sent 26/9

Moneyclaim input 13/10

Claim acknowledged 6/11

Received fob off letter 11/11

AQs sent back, IGroup request multitrack and hearing

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Hope this means the news was good x

Halifax 1

WON - £1,355.49 21/07/06

MINT

WON - £273.81 14/09/06

First Direct

WON - £913.50 01/09/06

Capital One

WON - £130.13 03/11/06

Halifax 2

WON - £188.03 01/12/06

 

Kensington Mortgages ERC

MCOL for £6,204.39 Discontinued

Halifax Mortgage Admin fee

WON - £10.00

Direct Line Mortgage Redemption Fee

WON - £99.00

Halifax 3

MCOL for £109.01 reg 07/03/07

 

http://petitions.pm.gov.uk/redemptionfees/

Please sign this petition x

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