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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 😏 
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    • 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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BOS corporate finance-anyone had dealings?


john
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I bought a laptop on a lease and the company I pay monthly to is Bank of Scotland corporate finance. On a 3 year lease there are only 4 more payments due, and all have been paid on time.

 

The payment was due on January 1st, and because of the holidays my account would have been 36p over my OD limit so my bank didn't pay it. Funds were paid in on the 2nd to cover everything. My bank has cancelled their £35 charge, due to the circumstances, and told me the dd would be re-applied for on 9th january, for which the funds are available.

 

Today I recieved a letter from BOS corporate finance saying they are charging me £35 plus £15, both plus vat, because of the refused dd!!!

 

I telephoned them and asked them to consider refunding, but was told, basically, its tough. Read our terms and conditions. I explained that my bank, (Halifax!!!) had refunded my charges as the amount over was so small, and he said he couldn't care less about my personal finances, read the terms and conditions. I mentioned going through the courts and was told if I think I've got a chance, do it.

 

TBH I don't give a damn about the £50, its the principal and unfairness.

 

I have claimed bank charges sucessfully from 2 banks, and just wondered if someone could confirm that these charges are also unlawful, as they are not, to all intents and purposes, bank charges. (But are penalty charges!)

 

Also, has anyone claimed in similar circumstances?

 

thanks.

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