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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
      • 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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Itsme VS Welcome Finance


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Thank you Dave, i understand.....

 

do not want to make any more confusion between my claims..so i have created a new thread :Itsme Vs Halifax 2 accounts.

 

 

I am going to read some successeful claim in Halifax forum and make my final decision.....

 

 

Kind regards,

 

 

Maria

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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just a quick update:

As Pam advised i had sent a letter to Ian Orrill, Legal Manager, Welcome, confirming that i had stoped DD payments as the agreement is not properly executed:))))...

 

 

Dave, My "Creation" claim :Itsme VS Creation Finance... Today the deadline expired for the copy of the properly executed agreement to come through from them....As the account is closed, can i still default them, if yes, than how? is it ANY template for it? or speccial procedure??

 

Thank you.

 

 

Kind regards,

 

Maria

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Hello Sweetie, nice to hear from you:)))

I would phone head office, Ian Orrill- legal manager and make it clear that without the agreement they are in default and after one month they will commit an offence...I am so angry now...They are stupit or what....I would also point to him, that you are more than awear that without the agreement they shouldn't charge you in the first place..and whatever charges they will apply to the account you- they are all unlawfull and judje won't even look through the case without the copy of the agreement...etc...

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Share on other sites

Well, i had stoped my payments, so shortly i will start receiving those calls as well:))))Have you received their AQ?

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Share on other sites

Hello tracey,

 

the most important is to ask why they put an interest on acceptancy fee....its not a loan its an admin charge.

Your agreement seems properly executed and included all prescribed terms as per CCA1974. Did you cancel all those insurances?

 

 

xxx

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Guys one more questions to all of you( apart from tracey- i have seen your agreement)...have you got the total figure on your agreement including interest (APR)????

 

Thank you

 

Kind regards,

 

 

Maria

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Share on other sites

Hold on, guys.....if they do not have the agreement, judge can order them to refund you whole lot back.....including loan, PPI..charges...interest and outstanding balance........I am more than hundred percent sure they will settle before court....

Now, if they haven't supply you with the copy of the agreement they are in default and in month they will be commiting the offence...you might speak with OFT and get some advise..

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Hi

 

An unenforceable agreement does not mean that you are entitled to a refund of all the monies paid. It is still a valid and lawful agreement - it just means that the creditor cannot force you to pay.

 

But if it is a DCA that now owns the debt, then IMO they cannot prove any contract between you and them without the original agreement and a deed of assignment, so in that situation there is an argument for claiming back what you have paid to them.

 

Regards, Pam

 

 

Dear Pam, but carinas doesn't have a copy of agreement..WF admited in carinas case thay do not have it...if it gets to the court how can WF prove something without ectual agreement...????

 

Kind regards,

 

 

Maria

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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hi ITsme... i've recieved my AQ now, might need some help!

 

 

Evening carinas, any time:))))

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Share on other sites

also, I cant quite understand this bit, if an agreement is not presented the terms cannot be enforced but the debt remains but if the agreement is present but not properly executed, how do these two scenarios differ, can we claim the mis sold fees, i.e. PPI and MIF added on before the interest and therefore paying interest on these arrangement fee etc but all we have paid to date is lost?

 

 

 

Pam, correct me if i am wrong..............

Maybelline, if the agreement is not properly executed and present but has not all the prescribed terms.... than you should stop paying them... as it uninforceble and they can't inforce you to pay the debts...

 

Pam can you PLEASE clarify the PPI situation....(MIF)...

 

 

Regards,

xxxxx

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Hello you:)))How is it going?....It's a friendly thread....and your opinion is very very very valuable:)))we all need loads of help here....:))) and Pam always correct us when we wrong...which i found very helpfull..i guess we all learning here all the time....

 

xxx

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Share on other sites

Good for you Paula....have you got all ur statements?

do u know how much u can claim back?

 

 

regards,

 

 

 

Maria

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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hello Sonway and welcome...

 

First of all have you got the copy of the agreement, if you have, can you post it here using photobacket? Image hosting, free photo sharing & video sharing at Photobucket

 

We need see if the agreement is properly executed( u did say it's not) Please delite all the personal data if you can.

Than, did you buy PPI or other insurances...this we also can find from the agreement. How much was written off? How much had you paid?

R u still paying them or the account is closed?

 

Thank you

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Share on other sites

Hi Itsme...

 

I recieved a copy of Welcomes AQ today. Hows your claim going on?

 

Carina

 

 

 

Hello Carina,

 

I had received today an acceptance from the judge in the reply of my N244..very happy:))))

 

did WF requested anything unusual?:)))

 

 

xxxx

Maria

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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hi

 

Have you had a chance to look at the agreement?

 

Thanks

 

Sonway

 

 

Hi Sonway, i would love to, where have you post it ? u can email me a copy if you want...

 

Regards,

 

 

Maria

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Share on other sites

oh...right...:))) I want to see it as well.

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

Link to post
Share on other sites

  • 2 weeks later...

Just a quick update:

Sent a new/amended POC( thans to Pam) to Welcome on Friday...

Tomorrow copy of it goes to WF...as per last Mr Orrill's letter they can't wait to receive it:)))

I'm sure they will enjoy reading it... It's absolutely brilliant....

 

 

regards,

 

 

Maria

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Hello:)))

 

Ian, i u r more than welcome...we all need you...strong...as usual....you keep PPI forum together..u help people survive when they do not know where to go...overcharged and stressed

U helped me when i started:))) and i will never forget it...

 

will look forward to hear great news from you..and if they are not as great...keep fighting...i'll be here for you

 

 

with all my respect:))))

 

 

xxxx

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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puts fingers down his throat

 

Jamescrap, would you like to explain yourself?!!!

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Unnecessary comment and rather immature I think.:confused: Maybe look to your own problems, you have obviously asked for help and received it on your own threads. If you can't give support or advise, don't leave stupid comments on the threads, It certainly won't enhance your profile.

 

agree, if the person is as cleaver as his/hers posts and replies..i have nothing else to say...as......NO COMMENTS.......

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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good luck with your claim Itsme and thanks for all your positive input, keep up the good work! :):):)

 

Hello Maybelline,

it's a team work....keeps me going...and i'll try and keep the spirits for all of us:))))How r u doing? what r the news?

 

 

xxxx

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Share on other sites

Hello Jub, and welcome...

 

I hope your claim will be a succes and you ll have your refund of PPI soon...

 

U did right thing, but knowing WF i wouldn't deal with the branch/branch manaeger at all....if you wouldn't receive a reply from WF till 25th send prelim to the Head Office, attn: Kieran Scothern (MR S)...

 

 

They prefer to rebate the fees and PPi to the account to reduce the outstanding balance...They will rebate charges straight away if you send them this:

I am of the opinion that the law is clear on liquidated damages and that, irrespective of your belief to the contrary and regardless of any agreement that I may have signed, the payment of excessive damages will be interpreted as a penalty and therefore the charges you imposed will be unenforceable and should I be forced to litigate, judgement will be granted in my favour.

The fact that your fees do not differ significantly from those charged by other companies operating within the Financial Services industry is entirely redundant however I am most interested in your comment regarding my responsibility for those fees. Given your clear and unambiguous statement that these fees represent the costs to your business and that you have incurred them as a result of my breaching our contract I am sure you will be happy to demonstrate this by letting me have a full breakdown of the costs to which you have put as a result of my breaches in order to reassure me that your penalties really do reflect your costs.

 

Charges are not legally enforceable if they are penalties. Penalty clauses in contracts in English law for breach of contract are not legal if the penalty exceeds the actual cost of the breach of either party. The law relating to penalties has been established through case law. The cases date back to the nineteenth century and the courts have been consistent in the way that they have ruled on penalty clauses

 

I am mildly amused by your penultimate paragraph and your apparent misunderstanding of contract law and seemingly deliberate attempt to complicate what is a straightforward issue.

 

Good luck and keep us posted

 

Kind regards,

 

 

Maria

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Hello Carina,

 

the deadline for amended POC was today, court and WF received it on 15th...

I am waiting for their defence now....will see what they say first....

 

I have read...those successeful claims..got wery upset( please understand me )...as my claim is no diiferent to others..i just hasn't been lucky enough to get my mis-sold PPI back without this fight....

 

But i am happy for those who successefuly have it back....

It just wearing me off....Not going to give up...

The amended POC looks great(yours is very well done as well)...will see what they come up with...

Let me know when you receive anything from court...

 

Kind regards,

 

Maria

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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you r getting married:)))oh..how sweet:)))) when?

 

 

we are special..:))) I am sure Reidnet feels special toooo:))))only joking....

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Hello guys,

haven't been around for a while..so tired with work..trying to get payrise...etc...:( ..and this claim...wearing me off as well....

 

Any news?..not from my side...

 

xxx

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Share on other sites

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