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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. 

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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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Fighting Fund For Mortgage Erc Recovery

The Avengers
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We've been following JAMORGAN's case closely and we feel, along with many others, we need to set up a fighting fund and get one legal firm to initiate a class action on behalf of all of us with similar cause.


Our first action would be to help JAMORGAN take her case to appeal at the higher courts (following her disappointment on 17/01/07).


At the moment we are all fighting our own little battles, when we really need to fight the war. The lenders are getting very wise nowadays and see a real threat to their continued dominance of people like us. JAMORGAN had to contend with a solicitor and barrister at her appearance and it is even possible that the judge himself was intimidated and caved in.


We need to fight fire with fire and get our own legal people to fight back for ALL OF US.


Anybody interested in this idea, please post your comments on this thread as a matter of urgency. JAMORGAN has only 21 days to consider and lodge her appeal. She deserves our support because she has put her head on the block in our common cause.

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A civil action brought by one or more individuals on behalf of themselves and "all others similarly situated" (or equivalent language). The purpose of a class action is to secure a judicial remedy which not only eliminates a wrong committed against an individual, and compensates him or her for the effects of that wrong, but which also provides such remedies for all others in a definable class who have suffered as a result of the same practice or practices.


A lawsuit brought by one or more persons on behalf of a larger group.

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I think something has to be done by us members to assist with the costs which have been heaped upon jamorgan as a result of this scandalous decision.Over £4K...this is meant to be a community.There are now over 100,000 members on here getting advice for free which would cost us a bomb outside.


If everybody chipped in it would cost us all of 4 pence each-I repeat 4 PENCE to cover the costs.


even if 10000 donated,40 pence.


Come on-let's do something here......

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I agree with this so much & think it's brilliant.

There are a lot of us taking on mortage companies & this could have happened to any one of us.

I'm willing to help in anyway I can - just let me know what I can do ;)


Let's go get 'em :D

Halifax 1

WON - £1,355.49 21/07/06


WON - £273.81 14/09/06

First Direct

WON - £913.50 01/09/06

Capital One

WON - £130.13 03/11/06

Halifax 2

WON - £188.03 01/12/06


Kensington Mortgages ERC

MCOL for £6,204.39 Discontinued

Halifax Mortgage Admin fee

WON - £10.00

Direct Line Mortgage Redemption Fee

WON - £99.00

Halifax 3

MCOL for £109.01 reg 07/03/07



Please sign this petition x

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I agree with LTWFB on this. We are a community and should act together. Also, the class action sounds like a good plan. How do we get this started? We would need to set up a fund presumably, to employ a legal firm. Remember that Morgy has not lost yet and can appeal within 14 days, but I agree that we should set up a fund to help her out if it does go pear-shaped. If she wins the appeal then the money could go towards employing a legal team. How do we co-ordinate this? Could one of the mods set up a paypal account for this? I think we need to act quickly.

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I have today contacted a firm of solicitors who would help in a Class Action,what I need is to form a list of mortgage companies in which our members are fighting,as each mortgage company would be a different action,what they require is a sum of money as a deposit on a client account,I am prepared to organize this but I need your help.

I have asked the solicitors to send me a prelim letter which I will post on here,

I also think that some of the fund should be there to help Morgy,but we have to wait to see if she decides to take it to appeal,because of course if she wins her costs and theres would be cancelled out and Kensington would have to pay up.This fund could help her in any event in employing this lawyer to help her appeal.

We need to get this going now so your support is essential.


I have also just sent a letter to Michael Mansfield as he is an expert in consumer Law asking if he can point us in the right direction.


I am so incensed by what happened to Morgy and the decision of the Judge who didnt seem to know anything !

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In answer to how we co-ordinate a Fighting Fund,I think we need to see how many of us will help,I am prepared to administer this ,but I feel that we need to agree on the Lawyers first and then all the donations can go straight into a client account so it is held by the solicitors for Our action.

The solicitors I contacted I will email to you all by PM,just in case this site is being monitered by the enemy,I think Morg should in the first instance write into the Judge which will give us 21 days to co-ordinate agreement in this matter and employ our Legal Team.!

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in other words a solicitors practice would hold our funds and when we have finished divide any surplus up amonst all who have supported us.Therefore no individual member has the responsilbility of looking after funds.

We need now to get a list of all members who will become part of thgis action.

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I think a Fighting Fund is a great idea as too is a Class Action. These mortgage companies have unlimited funds at their disposal to pay for the best of Briefs while we are struggling on our own. Count me in and let me know how much you want. God that sounds as if money know problem to me - if only!

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Count me in too, this is a great idea The Avenger. The fight has escalated somewhat after what happened to Morgy. What was that flipping judge thinking about? Would someone have the time to go through all the threads in the mortgages forum and collate a list of companies? I'd do it myself only I have a huge pile of student essays to mark by next Monday. Sorry. Could you indicate how much money is required for the deposit?

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Hi Dogwash,

I am just compiling a list of supporters,I am happy to get this together if everyone agrees I will then send you all pm as to where to send money but this is once we have all agreed on the best lawyer to act on our behalf.

Not sure if any one knows a South West MP,Matthew Taylor stood up in Parliment on Tuesday I think and bought this subject up,saying something had to be done about it,I am also contacting him,as he bought it to the media attention.

Thanks for your support.

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We will compile a list of Supporters,and as for the donation this will go direct to solicitors,it would only be a donation of what you can afford I would suggest £20-£50,we need to get this to the House Of Lords so that a prinicipal can be decided and we are all together on this as the cause of action is ALL THE same and this needs to be foughtv as One Battle,and no-one is out of pocket as we are all fighting togther.

This is a Public Interest case for House Of Lords and European Court of Human Rights....

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Hi Gizmo,

Sorry to disagree on this,but there are loads of us out there who are in the same postion as Jamorgan who have had ERC taken off us,but we are all fighting separately,we need to now fight as one like others do to get compensation say against drug companies,so we are not trod into the ground one by one.The bigger the army the greater chance we have of winning.

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Also happy to make a donation - and lend my support - Jackie

Abbey: Settled - now for no. 2

Dudley Building Society : claim dismissed - no costs

London Scottish: settled in full :oops:

Capital One - settled in full :p


"Energy and persistence conquer all things" Benjamin Franklin


Any advice, information and thoughts given by me are just my humble opinion

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I am a supporter, you know that - but how much will these Lawyers cost in total, do we have any idea?

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.


** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....




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Hi Dolly,


I am just in the middle of getting the costs but having spoke to the solicitors it would be a minimum cost as the solicitors would work on winning and taking their costs out of this,so the donations would simply be to get a Solicitor to start action,obviously this is in the early days and before anyone donates anything we need to get everything in place.So keep looking at this site.



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I would be happy to make a donation. We need to have access to the kind of legal advice that obviously Kensington paid for and if we have that kind of clought behind us we may be able to bring these knee breakers to justice. Sorry to hear of your story so far Jamorgan but chin up we're all here to help.


I am just about take on several lenders for ERC refunds - Kensington included so any positive progress would be a bonus.


Just let us know what to do and I'll gladly make a donation.



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I have been reading Morgy's post with great anticipation and I am now doing the same with this.


I am going to re-mortgage soon and I too will be hit with ERC's so i too am in the same boat.


I am more than prepared to help in any way I can, I have a strong legal and accountancy background as I currently work for a well established Insolvency Practitioner and also run a seperate office under their name.


I tend to rub shoulders with very good solicitors and high level financiers who will support such actions.


Just waiting on where to send some money too.............


Lets sort this mess out once and for all, and stop the [EDIT] organisations taking money from people who clearly have not got it, makes me sooooo mad :mad:

Barclays - £276.60

6/11/06 prelim letter sent:eek:

22/11/06 LBA Sent:-)

N1 to be filed 30 Jan 2007 :cool:


Barclaycard - Awaiting response from prelim + complaint for blatant ignorance. Unsure of Charges. :mad:

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Well done The Avengers, LesGunn and of course the fantastically courageous Morgy.


I too am on the ERC trail, an although new to site I have just been knocked out with Morgy's thread - and like you all deeply concerned for her.


Totally agree we need to stand united against these Goliaths and accumulate a 'fighting fund' for people (like dear Morgy IF she needs it) to draw on if needed. It's a safety net that benefits us all as the terror of being wiped out with these crushing charges can put the individual under unbearable strain and also understandably,scare people off claiming.

Playing right into these tyrants hands!)


Just put my name on the list and let me know how, and as soon as I can pay my £20.00 in.


Also the Class Action .....just seems the sensible thing to do! My only comment re legal representation is (in what's a very mixed bag)

make sure we get a goodun! (no pressure there then!! lol)


Great work The Avengers - thanks so much.






2006 RatNest - Personal a/c:

JulyLBA, Aug Filed Claim, Oct Settled in full £7,000


2006 RatNest - Ltd Co a/c

JulyLBA, Aug Filed Claim, Oct Settled in full £8,000


2006 RatNest - Hub's a/c

JulyLBA, Aug Filed Claim,Sept Settled in full £1,000

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