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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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      • 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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Yes car PPI - was it mis-sold


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Im due in court in just over a week defending a case that yes car have filed against me. Now the one thing they are claiming I must pay is the outstanding insurances that were sold with the car. (The car was VT without a problem til now)

 

Now its my belief that the insurances were mis sold for 2 reasons. 1 i was not in a permenant job infact i had been in the job a couple of weeks. 2 we were told we had to have the insurances otherwise no car (a common trick with them).

 

Im due to see a solicitor on thursday but thought I would pick your brains on here to. What can I do to defend myself in court? I have written proof that my job was on trail/probabtion at time of buying the car. Any suggestions would be really welcomed

 

Emma

HFC - Data protection letter sent - 17/07/06

- prim letter sent for £900 - 27/07/06

- LBA sent 10/08/06 asking for £945

- letter from HFC offering £450

- Letter from HFC offering £946.36

- Settled in full before filing MCOL

Ikea - Data protection letter sent - 31/07/06

- prim letter for £580 - 10/08/06

-Letter from ikea offering £250 - refused

-LBA sent 26/08/06

- Settled in full before filing MCOL

Alliance and Leicester

- Prim letter sent for £815 - 10/05/07

- LBA sent for £815 - 31/05/07

- Letter from A and L offering £143.50

HSBC - Data protection sent 10/05/07

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hi emma,

I have just been to court with direct auto finance after they put a ccj on me for the insurances after returning the car. i was successful in having the judgement set aside, with the judge saying that in his opinion, the contract was unlawful and when we go to court i will have a very good chance of winning. currently going through the net to check the unfair contract act to fight them in court. he also commented that the contract was non cancelable, which he deemed unfair/illegal. waiting now for court date to come through...hope this helps and let me know how you get on.

best of luck :)

ps...i think that once one person wins a case, it sets a prescident for the whole country

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hi emma,

I have just been to court with direct auto finance after they put a ccj on me for the insurances after returning the car. i was successful in having the judgement set aside, with the judge saying that in his opinion, the contract was unlawful and when we go to court i will have a very good chance of winning. currently going through the net to check the unfair contract act to fight them in court. he also commented that the contract was non cancelable, which he deemed unfair/illegal. waiting now for court date to come through...hope this helps and let me know how you get on.

best of luck :)

ps...i think that once one person wins a case, it sets a prescident for the whole country

 

Wishing you luck paul. please keep us up to date with the proceedings

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Well its court for us tomorrow and I am not looking forward to it at all. But nothing else we can see. Will let you know what happenes tomorrow

HFC - Data protection letter sent - 17/07/06

- prim letter sent for £900 - 27/07/06

- LBA sent 10/08/06 asking for £945

- letter from HFC offering £450

- Letter from HFC offering £946.36

- Settled in full before filing MCOL

Ikea - Data protection letter sent - 31/07/06

- prim letter for £580 - 10/08/06

-Letter from ikea offering £250 - refused

-LBA sent 26/08/06

- Settled in full before filing MCOL

Alliance and Leicester

- Prim letter sent for £815 - 10/05/07

- LBA sent for £815 - 31/05/07

- Letter from A and L offering £143.50

HSBC - Data protection sent 10/05/07

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Share on other sites

Well its court for us tomorrow and I am not looking forward to it at all. But nothing else we can see. Will let you know what happenes tomorrow

 

Good luck emma

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Good Luck Emma.. we will all be rooting for you ...

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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Hi

 

Back from court, wasnt as bad as thought it would be. Basically the judge asked lots of questions to their solicitor and then to me. I pointed out that the particulars of claim didnt match the situation which she said was correct. Basically the claim they have made so far has been stuck out. She has suggested that they refile the correct particulars of claim which are the insurances and she strongly urged us to defend them. So at the moment we owe them nothing and she has requested that the defults be removed from our account.

 

She also mentioned the FSA and OFT rulings and said it would be of interest to me (which I have already read a bit about) My impression was that she thought that they had no claim what so ever but we will see. She also stated that the contract was unfair as the insurances were non cancellable. So they have until the 25th June to file a new particulars of claim which we can then defend.

 

All in all I am very pleased so far and do believe that if they do file a claim for the insurances we have a strong case to defend. I will be back picking all of your brains very soon.

 

Many thanks for your support.

Emma

HFC - Data protection letter sent - 17/07/06

- prim letter sent for £900 - 27/07/06

- LBA sent 10/08/06 asking for £945

- letter from HFC offering £450

- Letter from HFC offering £946.36

- Settled in full before filing MCOL

Ikea - Data protection letter sent - 31/07/06

- prim letter for £580 - 10/08/06

-Letter from ikea offering £250 - refused

-LBA sent 26/08/06

- Settled in full before filing MCOL

Alliance and Leicester

- Prim letter sent for £815 - 10/05/07

- LBA sent for £815 - 31/05/07

- Letter from A and L offering £143.50

HSBC - Data protection sent 10/05/07

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Share on other sites

Hi

 

Back from court, wasnt as bad as thought it would be. Basically the judge asked lots of questions to their solicitor and then to me. I pointed out that the particulars of claim didnt match the situation which she said was correct. Basically the claim they have made so far has been stuck out. She has suggested that they refile the correct particulars of claim which are the insurances and she strongly urged us to defend them. So at the moment we owe them nothing and she has requested that the defults be removed from our account.

 

She also mentioned the FSA and OFT rulings and said it would be of interest to me (which I have already read a bit about) My impression was that she thought that they had no claim what so ever but we will see. She also stated that the contract was unfair as the insurances were non cancellable. So they have until the 25th June to file a new particulars of claim which we can then defend.

 

All in all I am very pleased so far and do believe that if they do file a claim for the insurances we have a strong case to defend. I will be back picking all of your brains very soon.

 

Many thanks for your support.

 

mma

 

Hi Emma,

 

Absolutely great for you, bet they don't proceed.

 

The morons:lol:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 2 months later...

Hi Emma

 

Soooooooooooooooo???? what happened??? I am waiting to take on yes car, and to be truthfull I'm pretty scared,but the are just bully boys so will pull up my socks and sock it to them, they sold us a ppi that I believe was never claimable, the only thing it covers is bankruptcy,no sickness,unemployment or injury that being because we are self employed (which they knew). Just knowing there are others in the same boat is a great boost

Best wishes

Casbah

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WEll Done Emma...

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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