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    • We initially raised a complaint with the finance company who told us that as its over 6 months the consumer rights act won’t apply and we would need to provide evidence of the problem being there at purchase. As we have only just got the report from Mercedes we haven’t been able to submit this within their 14 day timeframe. Is this not the case then? Thanks
    • The previously little-known Chinese-American businessman’s fortune was transformed by the British taxpayer through 11 government contracts worth approximately £4.3bn for lateral flow tests (LFTs) made in China and sold by Innova. Charles Huang says contracts generated $2bn (£1.6Bn) profit   The government fast-tracked the company after its British representatives sent a direct email to Dominic Cummings, the chief adviser to the then prime minister, Boris Johnson, in July 2020. And, a Guardian investigation has found, the fast-tracking of Innova was supported by the then chancellor Rishi Sunak’s team at the Treasury. Innova became for a period of at least four critical months the only company authorised to supply rapid Covid tests in the UK, despite scores of others developing similar kits. At the time, the government spending watchdog raised concerns   Boss of US firm given £4bn in UK Covid contracts accused of squandering millions on jets and properties | Coronavirus | The Guardian WWW.THEGUARDIAN.COM Exclusive: Rishi Sunak’s team helped fast-track deal with firm founded by Charles Huang, who says contracts generated $2bn profit  
    • Welcome to the forum What makes you think that ?   Andy
    • We purchased our Mercedes in September 2023 from Doves in Horsham for £21000, paying half cash and half on finance. We also purchased warranty for life via Ramp as recommended by Doves. On 12th May 2024 the car failed to recognise the key and wouldn’t not open, the AA could not identify the problem so via our warranty the car was taken to Mercedes in Croydon. After 3 weeks the problem was finally identified as water ingress in the drivers side footwell which has corroded and blown various components. After further investigation it was discovered the windscreen was date stamped 2019 (all the windows are 2018 - therefore not the factory fitted windscreen) The leak has developed due to incorrect sealant being used assuming when this was replaced and also water leaking from the seam. The warranty company do not cover water ingress so we are now faced with a bill of £3635. As we are now at 8 months since purchase (problem started at just over 7 months) we are not covered by the consumer rights acts. Would we be covered Sale of Goods Act? We have all the reports for the works being completed but unsure if this should be taken to the finance company or Doves who we purchased the car from. Do we pay for the works and then try and claim it back or should they be paying? Any help would be much appreciated
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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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Welshboy Mostyn vs HSBC


Mostyn1704
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Thanks for response Pete..will follow your advice.Yes, both letters from Cardiff Court, AQ sent to me on 18th June, then Directions hearing date letter sent on 26th June ...

Obviously don't want to miss AQ deadline and risk claim being struck out.

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Filed AQ today including draft directions request. Court said I needed to file the AQ (and pay the £100) even though they had also sent General Form of Judgement Order notifying me of a Directions hearing in Cardiff on 14th August.

Does anyone know what I have to produce at this hearing?

 

Seems to me it is just like a "live" version of the AQ, so I am thinking of submitting the same Draft Directions request...or do I have to produce more??

Any help greatly appreciated

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Hiya Mostin most of the notifications for these directions hearings dont tell you to take anything along, I think the judges are actualy using them to put a bit of pressure on DG to make offers by whatever date they set for the hearing.

Might be worth a phone call to the court to see if they want you to take anything.

 

pete

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Hiya Pete. Thanks as ever for sound advice.... the adrenalin rush at the thought of getting closer to getting back at them seems to stop me seeing the wood for the trees....or something like that :)

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Only know of one person who actualy got to a court room (do a search for nooey if you want to read it) the judge asked him 3 questions.

 

1. did you have trouble parking (true)

2. have you heard anything from DG

3. has this cost you anything.

 

he then gave judgement in favour of nooey.

 

so dont worry

 

pete

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I also have a Directions hearing in Cardiff 14th August but have not received an AQ.

I moved house a month ago and re-directed my mail. I have also informed the court and D&G of my new address.

I taxed my car on-line the day I moved and when the disc hadn't arrived phoned up and was told post office won't re-direct documents from DVLA. Anyone know if this applies to court docs?

If the court has sent AQ but I haven't received it and deadline passed do I have to start again??

I can't wait till court opens Monday morning!

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Thanks Stadium - your support is much appreciated. I'm just starting to get stuff together for the court bundle now, I know it is not needed for the hearing on 14th, but just want to be prepared. Will pop in to the Debt forum later in week. Thanks for the advice :)

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A pleasure:)

Before I go to stop my head spinning I thought you might want to have a read of this thread...

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/47462-new-test-case-hearing-3.html

It's what I mentioned yesterday, regarding the Judge you all have for the 14th. Hope it helps in some way. he was a very nice guy:)

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  • 3 weeks later...

I'll be there guys :D got my court bundle nearly done hehe! TO THE COURTS PEOPLE! TO THE COURTS!

Preliminary Letter Sent: 14/09/2006

Letter Before action sent: 05/10/2006

Recieved Response: 05/11/2006

MCOL filled and saved (saving money to proceed) 02/12/2006

Recieved 1st Settlement offer

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Hi Steven Is your case a Hearings case ? And it is still going ahead.?

I had a letter from DG solicitors on Sat saying they had applied for a stay on mine. no news from courts yet but as soon as I get something I will be opposing it ..and will be there on 14th

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Hi Mostyn, have you rang the court to ask if a stay has been placed on your case? Just thinking that you may not get the letter from them in time to send out an opposing reply? Or if you are in Cardiff anyway it might be worth going in personally...

Good luck with it. See you on the 14th regardless:grin:

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Rang the court today and they told me that a stay has been applied to all cases due to be heard 10.30 14th August at Cardiff. They are in the middle of typing the orders and said they have over 1000 to do. He checked and said that they haven't typed mine yet but i will get it before 14th.

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Deee I phoned court yesterday and they told me

(a) they are in middle of typing out letters informing claimants of stays, but that I don't have to wait for receipt before I put in application for removal

(b) I dont have to send in form N244, a letter is sufficient (I will do both)

© The court is waiving the fees for considering application for removal whether with a hearing or without ( I am requesting a hearing - keep the pressure on!)

So my advice is - don't wait - get application off asap ...and ask for it to be heard at a hearing

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Today I have received a letter from D & G - funny that they have completely ignored all phone mesages, letters and e-mails I've sent up to now!

They say they will be applying to the court for an order to stay my action until resolution of the bank's proceedings with the OFT.

They say they will keep me updated appropriately about the proceedings with the OFT! (Don't bother I'd rather read about it on this site!)

They also say 'Once legal procedings between the OFT and the banks finish our client will resolve your complaint as quickly as possible.'

Also 'As a general matter we will ensure that your claim will not be adversely affected by the stay of your court proceedings.'

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Nice idea Pete I will include that in my letter to DG, in which I am including a copy of my N244, and also a little help for them in claculating the extra costs and interest they will be paying me if settlement is delayed one, two or more years.

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