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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
      • 161 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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1st Credit/mbna... Applying For Finalcharging Order. Advice Please


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Guest Battleaxe

TH,

 

Thanks thought this one appropriate. Isn't it fun sitting back and waiting to see what their defence is. They will come back with load of rubbish. just remeber refute the defence point by point and and I bet one of the things they ask for is for the claim to be struck out. Don't panic when you read that, they all try it. You just keep on picking at it.

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Thanks for the support guys,it good to have you on board:)

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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Update !

 

Received a wad of paper this morning re subject access request .

How confusing !!!:confused: :confused:

 

In the covering letter it sates that MBNA are still waiting on a response from one of their business areas,and if any information is recieved they will forward it on as a priority.

 

Well,guess whats missing !

All information relating to the loan debt being transferred to 1st credit.

It clearly shows when the credit card debt was transferred to Cabot(no copy of deed of assignment etc though,but I will be dealing with that when I've sorted 1st credit out !;) ) but NOTHING for the loan.

 

So now what ?

MBNA have partly complied with SAR,do I still go ahead with the non-compliance hearing ?

They have until 19th April to acknowledge the summons.

 

Any help would be appreciated guys

 

Thanks

Hope xx

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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Hi

 

I would allow them 7 days to send the rest of the info. and if they haven't by then, write back a brief letter telling them that they have not yet complied. Hopefully by then they will have received notice of your claim and might get their act together!

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Guest Battleaxe

TH,

 

This is so good, no they haven't complied with your request fully. hit them with the non-compliance and make sure in the POC that this bit is stipulated. It will keep Wee Willie busy, finding the documentation he has to get into Court. Oh don't forgt to notify the ICO also, you will need that letter stating that MBNA have not complied with the sixth principle. This is the letter they hate being produced to the Judge.

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Received another package of papers re my SAR,and am guessing this is the info MBNA referred to when they stated they were waiting for info from another area of their business.

 

It consists of a list of times they contacted me etc and application forms for the credit card.

 

Credit agreement are absent though !

 

No mention of 1st Credit anywhere !

 

I really dont think they have them or surely they would have provided them by now.

 

Cant wait to see their defence,if they defend ,that is,for non-compliance !

What a farce,they have until the 19th April to show their hand

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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TH go back to them with the letter as InKog has said above but also include a list of things that are missing. Also can you see any info in there about the default proceedings and default notices. I have just been looking an MBNA SAR over for someone and there is no default procedure of any type listed.

I would also suggest you ask them to specifically state if they do not have any item of information listed as then it totally clarifies the situation for both yourself and MBNA and will remove the need to keep going back to them. But until they have done this they haven't properly complied.

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Hi Gizmo:)

Yes , I filed N244 set aside application and the hearing is this Friday morning as is the hearing for the final charging order

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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Guest Battleaxe

This hearing has come around so quickly. We will all be waiting for your post after Court.

 

Soft hugs

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Hi BA :)

 

Hasn't it just !

 

I will post as soon as I get back in

 

hope xx

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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So am I correct in thinking that the hearing is for fianl charging order, and yo uare counterclaiming for SAR non-compliance and set aside judgement?

What is in their defence to counterclaim, and what have you sent to court already?

Consumer Health Forums - where you can discuss any health or relationship matters.

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Hi again.

The hearing on friday is for set aside of ccj ,followed by a final charging order hearing.

 

I have issued N1 for non-compliance on both 1st Credit and MBNA ,deemed served on 5th april and they have until tomorrow to reply.

So far I havent heard a thing from either with regard to whether they are defending etc.

 

I havent sent anything to court regarding the ccj set aside,I didnt know I had to !

 

Help !

Have I messed up ?

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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At the very least you'll need to take 3 bundles with you, outlinign your grounds for set aside.

 

Have you put in a defence to the charging order?

 

I think you should have ask for a stay on the charging order hearing until you had the set aside issue settled, and the claim for non-compliance was dealt with, as both are vital to the charging order hearing.

 

Who are you actually up against on Friday is it MBNA or 1st credit?

Consumer Health Forums - where you can discuss any health or relationship matters.

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Ive had it stayed 3 times due to non compliance by 1st credit and mbna and appointed solicitor tried to persuade judge to make the charging order final at the last hearing,luckily the judge granted me a further stay of 28 days, but he made it clear that it would be the last time, and that the case would be heard in 28 days.

 

There is no defence to final charging order as I admitted the debt before I was aware of unlawful charges.

This was explained to the judge at the last hearing,but I was told that this is inadmissable.

The judge told me my only way forward was to apply for a set aside of the ccj or he would be forced to make the order final.

 

It is 1st credit who I am up against on friday

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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Ok it is clearer now - I have thread but I read so many that a recap is all Ihave time for.

 

What grounds and paperwork have you for the set aside.

 

How much were charges and how much was debt?

 

Have you ahd a refund of charges yet?

Consumer Health Forums - where you can discuss any health or relationship matters.

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Ok it is clearer now - I have thread but I read so many that a recap is all Ihave time for.

 

What grounds and paperwork have you for the set aside.

I am arguing that 1)no default notice issued

2)no true,or otherwise,copy of credit agreement provided by 1st credit

3)they have provided me with a copy of a notice of assignment that is different to a letter I already had in my possession. There are some interesting differences that will be highlighted to the judge(dont want to say anymore at the moment)

4)Failing the above, which are good grounds in there self,there is also the element with unlawful charges.I belive that I was mislead into agreeing the full debt was mine.I was led to believe that the fees charged to my account were the true cost to the creditor when my payments were late,and in light of the OFT report and whistleblower programme it is now apparent that the charges were used as a way of generating material profit and are therfore unfair and unlawful(need to fine tune my argument but that is the general gist of it)

As for paperwork,I dont really have a lot.

There is a copy of CCA and SAR letters,complaint letter to ICO,I will also print off the OFT report

 

How much were charges and how much was debt?

I have no idea how much is charges/original debt as 1st Credit and MBNA have refused to comply with SAR.

Have you ahd a refund of charges yet?

Not yet as I've no idea what the amount is

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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Hi All:)

 

Due at court in just over an hour

 

Please keep all fingers etc crossed lol!!!

 

Hope xx

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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Guest Battleaxe

Hope,

 

Head up, you are armed with your documentation, you can show the Judge that you have been proactive since he granted the opportunity to redo your defence.

 

Postive thoughts go with you.

 

P xxxx

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Good vibrations from me too TH. And Richard Spud if you can do anything to help TH she needs a great wrong to be put to rights. Just hope that today turns her on the road to right side up.

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