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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
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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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chrissy - v - citi cards


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Hi

 

I posted my LBA to Citi yesterday too. The other message I thought was missing has now appeared - must have been on a delay or something.

 

For info I have already posted threads on me v Barclays, me v Barclaycard, me v Lloyds TSB and me v Nat West!!!

 

Re the change of user name I sent a PM to Admin and they asked me what I wanted to change it to a week ago but nothing's happened yet. Guess I won't change now as I've already posted threads as above in order to get advice to keep things moving. All but one of my claims are in my previous name anyway so not too fussed. Anyway it woudln't be too difficult for any "spies" to work things out I suppose with locations, dates and amounts being mentioned...

 

Keep you posted.

Munchkin

 

Egg - settled in full at LBA

Barclaycard - settled in full after defence issued but before hearing date advised

Barclays - settled in full after defence issued but before hearing date advised

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Hi emma,

The ones I am claiming from are Citi Card, 2 x Cap 1, Yorkshire Bank, Egg, and Barclaycard. As yet I have not had any statements from Barclaycard or Egg..need to get to work on these pretty soon.

The following is my response to C®ap One regarding their offers -

 

The Executive Office

Capital One Bank

PO Box 5281

Nottingham

NG2 3HX

LETTER BEFORE ACTION

Dear Mr Udy,

 

RE: Your Reference xxxxxxxxxxxxxx

Account Number – xxxxxxxxxxxxxxxx

Thank you for your recent offer of £566 as a gesture of goodwill, however, I must inform you that I will not be accepting this offer.

 

As outlined in my earlier correspondence I explained that the charges you have applied to my account are unlawful at Common Law, Statute and recent Consumer Regulations. They are also contrary to the UTCCR and furthermore, I believe that your charges are a Penalty.

 

Penalty charges are irrecoverable at Common Law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79, along with Murray v Leisure Play [2005] EWCA Civ 963.

 

In an effort to resolve this matter without the need for a court hearing I respectfully request that you refund me the amount of £1522.00. In the event that you do not comply with the above I will then be left with no option but to pursue the said amount of £1522.00 plus £363.35, interest of 8%, making a total of £1885.35 through the court process.

Although in my previous letter of the 11th February, 2007 I informed you that I would commence legal proceedings within 14 days, as a gesture of goodwill, I am willing to allow a further period of 14 days in order to resolve this matter. If there is not a satisfactory response to this letter within the 14 days, I will be forced to start legal proceedings to recover this money.

I look forward to receiving your reply within the given timescales, so avoiding the need to take up valuable court time.

 

Yours sincerely,

Chrissy

Will have to wait and see what happens to that one now.

The following one will be sent to Citi Card tomorrow, all of course by recorded delivery with a Consumer Action Group sticker on the back of them!!!

Mark Clibbens

Office of the Chief Executive

Citi Cards

CitiFinancial Europe plc

PO Box 54

Salford

Manchester

8th March, 2007

 

LETTER BEFORE ACTION

 

Dear Mr Clibbens,

 

Case Ref: xxxxxxxxxx

ACCOUNT NUMBER: xxxxxxxxxxx

I am very disappointed that you have failed to respond positively to my letter of the 19th February, 2007.

I now understand that the regime of 'fees' which you had applied to my account in relation to late payment and exceeding credit limit fees are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £875.00 plus £157.03 which you have charged me in interest for the sum which you have taken. Total £1032.03. I am enclosing a copy of the schedule of the charges for which I am claiming. I have already sent you a copy of this in my original letter of the 19th February, 2007.

I require repayment in full of this money. If you do not comply fully within a further 14 days then I shall be left with no option but to begin a claim against you and commence court proceedings for the full amount plus the interest plus my costs and without further notice.

Yours sincerely

So we are back to the waiting game again folks!

Regards, Chrissy

 

 

 

Chris :cool:

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Hi Chrissy

I've had a reply from Mark Clibbens this morning. Have you heard anything yet? I've started my own thread on this to stop hijacking yours with my case at me v citi cards. I've typed out Mr Clibben's reply there.

 

munchkin

Munchkin

 

Egg - settled in full at LBA

Barclaycard - settled in full after defence issued but before hearing date advised

Barclays - settled in full after defence issued but before hearing date advised

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  • 2 weeks later...

You've been very quiet Chrissy. Any news?

 

Munchkin

Munchkin

 

Egg - settled in full at LBA

Barclaycard - settled in full after defence issued but before hearing date advised

Barclays - settled in full after defence issued but before hearing date advised

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Hi Munchkin,

Have been really busy recently - don't seem to be enough hours in the day! Received a reply from Mr Clibbens on the 17th going on about 'I understand you that you have contacted us previously blah, blah, blah three to six weeks blah, blah, retrieve from our archives, blah, blah - one I have the information and assessed your request - will be happy to assist you' the usual bo***cks! I need to crack on with this now - is this the same as you received Munchkin?

Chrissy

Chris :cool:

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Allow them 40 days to deliver your SAR information, and no more.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Hi Enron,

Have received my statements etc previously I feel it is Citi just using the usual stalling tactics and generally messing me around. Will sort out the court papers in the next week hopefully.

Regards, Chrissy

Chris :cool:

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When you receive your Allocation Questionnaire get in touch with me.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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