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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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Claiming on a Business account? Lets join forces?


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How are you lost?

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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Your a site helper aren't you?

 

Hows this helping?

 

Criminal Asked earlier in the thread if his question was legal.

I read his thread and said to him it looked like he was going through civil court.

 

Civil court can not handle cases of a criminal nature.

 

I'd like to no why this continued line of questioning is helpful?

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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Your a site helper aren't you?

 

Hows this helping?

 

I WAS SIMPLY TRYING TO UNDERSTAND WHAT YOU WERE TALKING ABOUT AS THE OP OBVIOUSLY DIDN'T UNDERSTAND YOU EITHER.

 

Criminal Asked earlier in the tread if his question was legal.

I read his thread and said to him it looked like he was going through civil court.

 

 

 

Civil court can not handle cases of a criminal nature.

 

 

 

I'd like to no why this continued line of questioning is helpful?

 

THE OP IS GOING THROUGH A CIVIL COURT. I CAN'T UNDERSTAND WHY YOU THINK HE IS NOT.

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Well actually it did not.

Considering were going way off topic here.

What exactly is the problem with the way i post?

 

I responded to a question the best way i thought i could. Criminal disagreed and i responded to his comment on my post.

 

However this is when a site helper started to ask me questions about my post. How would you have answered any of the posts I have posted on this thread?

 

As I am still not sure why you are asking me these questions.

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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I responded to the question factually correct

What part don't you understand because clearly you've ignored my concerns.

And that of the threads

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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The penalty argument was not in the OFT's particulars of claim because they were part of the banks counterclaim to which the OFT responded. So the penalty issue was covered in the test case. Although in relation to business T & Cs they tend to be more explicit in relation to breach of contract than the personal T &Cs.

 

Funny since there has been no breach of contract.

 

This is outlined in Lloyd's TSB's defence they sent me.

Simply stating there is no breach of contract.

 

Would be interesting to see if other banks have the same view as Lloyds.

 

I can only comment from my experience but it would seem that there intention is to make the charges binding on the consumer.

By claiming the charges are fair.

 

I no this is a personal account defence however I am aware the banks submit there bundles just before court in some cases.

 

Is this the norm?

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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nope

 

The charges are applied for the same reasons right?

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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"Josh" - I've been trying to follow your "line of thought" over the last two pages and having myself won both personal and business bank claims totalling nearly £25,000, am totally at a loss as to what you are trying to discuss! Can you please explain a bit more coherently as it is going to be very very difficult for new people to follow what you are trying to say and for them to make an informed decision on the actions to take.:confused:

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Funny since there has been no breach of contract.

 

This is outlined in Lloyd's TSB's defence they sent me.

Simply stating there is no breach of contract.

 

Would be interesting to see if other banks have the same view as Lloyds.

 

I can only comment from my experience but it would seem that there intention is to make the charges binding on the consumer.

By claiming the charges are fair.

 

I no this is a personal account defence however I am aware the banks submit there bundles just before court in some cases.

 

Is this the norm?

 

 

Their standard defence WILL be that there is no breach of contract. For them to say otherwise is tantamount to them agreeing that they have penalised you with the "charges". That is why if the Judge asks you "did you breach the contract" you have to say YES, proving that you have been penalised.

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I can argue the contract is not binding because part of it is not lawful.

 

The OFT have already ruled on credit card charges.

 

If one bank offsets its debts by applying charges then its reasonable to assume its an industry standard.

 

sheep's and [EDIT] normally move in flocks and groups.

 

Like a [EDIT] they will hide in the dark till its time to come out

 

A contractual party can only recover real or 'liquidated' losses at common law in Scotland, England, Wales and Northern Ireland. While banks say charges 'cover our costs' it is estimated that UK banks make £4.7bn worth of fees each year from charges. Banks impose charges to off-set the cost of bad debts - that is quite different from the 'costs' in your case. The courts could also find that charges are 'unfair' under the Unfair Terms in Consumer Contract

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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However the UTCC's are being heard at the moment.

The first point is not.

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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Hi Zoot,

 

Therefore should complainants be pursuing the legal avenue in relation to reclaiming penalty charges on business bank accounts at this time, which is what this thread has been claiming we should be doing?

 

TheyrCriminals

 

You can try but it may get stayed.

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"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

Link to post
Share on other sites

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

Link to post
Share on other sites

Hi Zoot,

 

If the banks are counterclaiming what is it they want from the OFT?

 

Thanks

 

TheyrCriminals

 

Nothing from OFT but a declaration from the court that the charges are not capable in law of amounting to a penalty. The OFT only has jurisdiction to bring a claim under the UTCCR. It was part of the waiver agreement that the banks would submit a counterclaim for a legal ruling on penalties, otherwise it would be pointless in the OFT challenging if there was still no definitive ruling on the penalty aspect.

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Rooster are you sure you wan to edit just mine?

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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