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    • Anyway, I've asked my Booking.com flat-rent-out-bloke what needs to be done on the Booking.com portal to cancel a reservation. I got a late message "I'll let you know tomorrow".
    • I see that at the start of your thread you said they hadn't sent a Letter of Claim.  And in fact in all the uploaded material there is no LoC.  This is great news.  Even were you to lose - you won't - the judge would chop off a chunk of the money for their non-respect of PAPLOC. However, I'm a bit confused as you've named the file name as a SAR.  Are you sure about this?  Did you send any other letters apart from the one dx advised which was a CPR request (not a SAR) to DCBL (not Group Nexus).  I'm not being pernickety, this will be important for your Witness Statement further down the line.
    • I didn’t say it wouldn’t. That is not the issue here. To continue driving after the licence has expired (under s88), the driver must have submitted a “qualifying application”.  An application disclosing a relevant medical condition (of which sleep apnoea is one) is not a “qualifying application”, This means the driver cannot take advantage of s88 and must wait for the DVLA to make its decision before resuming driving.   The driver’s belief is irrelevant. The fact that a licence was eventually granted may mitigate the offence, but does it does not provide a defence.   But this driver didn’t meet the conditions. I explained why in my earlier post. He only meets the conditions if his application does not declare a relevant medical condition. His did.   As I explained, after his birthday he did not hold a licence that could be revoked.   In my view it doesn’t matter what it says. The offence is committed because his application declared a medical condition. Meanwhile his licence expired and s88 is not available to him. The GP letter would form part of the material the DVLA would use to complete their investigations. But until those enquiries are completed he could not drive.   The offence does not carry points or a disqualification (because a licence could have been held by your father). It only carries a fine and the guideline is half a week’s net income. If he pleads guilty that fine will be reduced by a third. He will also pay a surcharge of 40% of that fine. But the big difference is prosecution costs: a guilty plea will see costs of about £90 ordered whilst being convicted following a trial will see costs in the region of £600.
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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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the funding corp worst company ever!!!


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Hi.what l am saying is with the bos being void stephenson have had a look at the hp what came with the car there,s little fault with it .so for us to volentry hand back the car to tfc we would have to get another car with my husbond working nights 40 miles there and back and with our credit score there no chance. we love to get rid tfc and have,ing already paid them over £10,000 still 18mths to go before we pay it off a car which was £5000what we paid for it.

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If the BoS which, is an essential part of the documentation, is defective that poisons any other document which emanates from it. In other words the whole deal is kaput

 

What did Stephensons say about that?

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Hi Joncris.l did ask stepenson about this when you mention,ed it in one of your last posts. and they said it dose sometimes but there,s not alot of faults with the hp agreement so they can,t go down that path .

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a bill of sale and cca agreement are linked

the consensus is that if the bos is invalid it reverts back to the credit agreement

 

i know this is not the case

if one is invalid, both are crap

 

ill let john chriss take over for a while on this

better have two opinions than one

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Gillian Lavelle ha also taken over my case. I haven't has a progress report on my case for several weeks. The last i heard was that my credit agreement had been passed to a Barrister.

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Hi gillypam..... I haven't heard anything since the agreement was passed to a barrister. I can only presume that it has been passed to a barrister for an opinion as to the validity of the agreement.

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I had an independant person (Solicitor) look at my Credit Agreement & BOS aswell as Stephensons. In his opinion he thinks that the invalid BOS does not make the Credit Agreement unenforceable.

 

Personally i question this as the BOS does make reference to the Credit Agreement in the terms & conditions. Also if the PPI has been misold then this will surely question the validity of the credit agreement.

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When my agreement was sent to the Barister by Mark Bowden, it took 5 weeks from when he received it for me to get a copy of what he said.

 

One thing i was miffed about, is that i weren't even told MB had left.

I hope Gillian Lavelle is up to date

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Hi all. l got told a week before he was leaving gillian lavelle must have taken all tfc cases .glad we did,nt have a ppi it makes you wonder if we can do something about tfc or are they going to get away with bos been void and credit agreement been valid?

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Hi GillyPam I am having the same problems as you I have found out the BOS with TFC is void and they have failed to take the car because I told them it was illegal. I have had the agreement looked at by Stephensons and they say its above board.Surely a company that gets you to sign documents that are illegal should not get away with it and it should effect the credit agreement.

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Hi larlieboy1 so stephensons have said its above board so what are they going to do have they said .quite alot of people are saying that if the bos is void it posoins the credit agreement you wont to ask stephensons about this.it stinks

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