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    • See what you think about the attached.  I haven't really changed your arguments, merely changed the order to make them more obvious for the judge.  Please check for accuracy. I've also royally knackered the numbering and layout Regarding your partner's WS, cut out the first paragraph as it's unnecessary and confusing with its talk of appeals. I see the PCN mentions the amount may rise to £120 if you don't pay - then the idiots went for £170 in their court claim!  Very bad own goal. I also see their solicitors say they won't turn up to the hearing - if so you're more or less guaranteed to win.   Defendant's WS - version 2.pdf
    • Hi,. I purchased a car from In Herts Motors on the 9th July 2024.  They told me it had an intermittent fault with a sensor which was just a sensor issue. The tyres were threadbare so I went to get them replaced on the 11th July, the mechanic pointed out white smoke coming from the engine bay.  I got this investigated and the car has actually got a blown head gasket. Judging by the mess it has been blown for sometime. I contacted the company and requested a refund or repair as I've had the car 3 days at this point, they are flatly refusing claiming they told me the Engine was faulty, this is a barefaced lie. I've had to raise a county court case to deal with this matter.  My question here is what do I do with the car?  I have had to bite the bullet and buy one on finance from Cinch.  Do I SORN the car or do I sign it back over to the trader and park it on the street? I've only one parking bay and my new car is going in there.   Thanks guys.
    • I've seen a lot of that 'the UK prepared for the wrong pandemic' and although that is true as far as it goes, the simple fact that even the flu pandemic guidelines if they had been followed correctly would have reduced many of the impacts, and are useful and usable in many situations   alongside the - we will sell your NHS data app and the VIPal lane, and the bring million back from hotzones and send them across the country with no testing or management ...  among MANY failures of proper policy
    • But it only serves to strengthen mums case 😏 
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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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FNC and better half vs Nationwide


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Nice straightforward Penalty charge claim about £500 plus interest

 

Preliminary letter sent about a month ago (before I got better informed which was threatening ombudsman service (doh) for non compliance and using statutory interest (hadn't read enough) on schedule

 

Have read up much better now so obviously if they agree to settle the whole sum and no conditions (which is unlikely) I will accept, but failing that I will consider a change of tack

 

This change of tack will be just a little flick on the nose to pay them back for wasting my time - As time passes I am getting better infromed and stronger - and interest is accumulating which is fine by me

 

When (if?) i get silly fob off letter I will revise Schedule and go instead for compound contractual interest rate making claim about £300 higher and give them a fair warning that instead of FOS I am going MCOL small claim track.

 

Cant wait to hear from them

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/53089-fnc-ge-money-erc.html

21/12/2006 SAR

Next Step 31/1/2007 - Prelim / S.A.R Enforcement

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/55694-fnc-c-g-erc.html

21/12/2006 SAR

13/1/2007 - Prelim

Next Step 27/1/2007 LBA

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/55692-fnc-lloyds-tsb.html

21/12/2006 SAR

Next Step 31/1/2007 -Prelim / SAR enforcement

http://www.consumeractiongroup.co.uk/forum/other-institutions/55784-fnc-better-half-nationwide.html

20/12/2006 Prelim with Schedule and SI £640

5/1/2007 LBA with revised schedule CCR £867

Next Step 20/1/2007 CLAIM

PC World - Refund Faulty goods Preliminary Letter 13/01/2007 - Consumer rights are getting addictive

 

Don't get angry get even:D

 

 

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Request for repayment of charges – Letter Before Action

Attached revised schedule of charges dated 4th January 2007

 

Dear Sir/Madam,

 

ACCOUNT NUMBERS: XXXXXXXXXXXXXx

Pretty much the standard etc etc,,,,,,,,,,,,,,,,,,,

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/53089-fnc-ge-money-erc.html

21/12/2006 SAR

Next Step 31/1/2007 - Prelim / S.A.R Enforcement

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/55694-fnc-c-g-erc.html

21/12/2006 SAR

13/1/2007 - Prelim

Next Step 27/1/2007 LBA

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/55692-fnc-lloyds-tsb.html

21/12/2006 SAR

Next Step 31/1/2007 -Prelim / SAR enforcement

http://www.consumeractiongroup.co.uk/forum/other-institutions/55784-fnc-better-half-nationwide.html

20/12/2006 Prelim with Schedule and SI £640

5/1/2007 LBA with revised schedule CCR £867

Next Step 20/1/2007 CLAIM

PC World - Refund Faulty goods Preliminary Letter 13/01/2007 - Consumer rights are getting addictive

 

Don't get angry get even:D

 

 

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  • 2 weeks later...

Well LBA notice has expired

 

So I phoned Customer services as I have the N1 form in my mitts ready to go last chance i thought.

 

They said then you must go ahead

 

I said but surely you are wasting members costs (as a BS(

 

He said but what we are doing "may be unlawful" but that is untested and meanwhile statistically we expect you to drop out because its too much effort for most people and so in our interests

 

I pointed out that they were hiding behind the court process and he agreed!

 

I argued that this was surely wrong - he said that is our policy.

 

Guess where my N1 is going with a court fee tomorrow!!!

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/53089-fnc-ge-money-erc.html

21/12/2006 SAR

Next Step 31/1/2007 - Prelim / S.A.R Enforcement

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/55694-fnc-c-g-erc.html

21/12/2006 SAR

13/1/2007 - Prelim

Next Step 27/1/2007 LBA

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/55692-fnc-lloyds-tsb.html

21/12/2006 SAR

Next Step 31/1/2007 -Prelim / SAR enforcement

http://www.consumeractiongroup.co.uk/forum/other-institutions/55784-fnc-better-half-nationwide.html

20/12/2006 Prelim with Schedule and SI £640

5/1/2007 LBA with revised schedule CCR £867

Next Step 20/1/2007 CLAIM

PC World - Refund Faulty goods Preliminary Letter 13/01/2007 - Consumer rights are getting addictive

 

Don't get angry get even:D

 

 

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