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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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LISAM696969 Vs LLOYDS TSB PLC !!!****she has WON!!!****


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sorry about that its australian default fees report 2004 just found it and had a quick scan through , makes really interesting reading definately be using it in court bundle , the link on here no longer works to get to it but if anyone needs it here is link

http://www.consumeraction.org.au/downloads/DL56.pdf

hope this helps someone else ninety plus pages though be prepared !!!!

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Rung York County Courts today and they said my claim is with the judge be back tomorrow so faxed across draft directions to them and asked if this was ok they said no problem when i explained that due to no allocation questionaire it was a bit confusing as to when to send in directions, they said it will be added to my case and sent up to judge but no cases were now being referred from them to leeds as the judges at York are now sick of banks not turning up so they are allocating in batches of 100 and all being heard together so hope this is good news .Faxed across copy of directions to SC&M also as i think this is what i'm supposed to do , hope this is all right anyone help with what to do now and if this is correct , moral support be really appreciated getting a bit wobbly now , its getting really close now !!!!!

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Lisa

 

Keep your nerve. Sounds like the Judge has had enough of the banks?

 

If the bank don't show, which is likely, will the judge simply find in your favour?

 

Hope so!

 

Good luck!!

 

T.

"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".

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the guy i spoke to said that nearly all had been settled before date due but that those that hadn't had not been lost so i am hoping that is the case , yes and he did say that the judges there are fed up so i hope this is a good sign after the decision on kevin at birmingham this is what has got me wobbling and do you know if i was right to send a copy of draft directions to SC&M anyone ??

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please help with this i know i'm twitting on but have i done the right thing sending a copy of draft directions to SC&M , and does anyone think it will help to ring and see if they have received it just to nudge them ?

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Lisa

 

Sorry - work got in the way for a bit!

 

As long as the Court got your Draft Order for Directions you're OK.

 

If it were to be issued by the Judge (maybe ...) then the Defendant (the bank and the solicitors) would each get a copy directly from the Court.

 

Whether it's issued or not, just hang in there.

 

Good luck!

 

T.

"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".

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well still not even heard from york courts after case referred to them 16th may , 18 days ago no date , no letter , no nothing , nice lady there said judge got it on 19th may , but seems a long time , any ideas on how long this can take ?

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Well no letter from courts but wait for it , yes got a letter from SC&M they have offered to settle in full with interest and costs , yes this is absolutely fantastic I am so pleased , so everyone else keep up your chin and keep on with the fight , lisa

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will gladly make a donation as soon as i receive cheque from them will post back letter registered next day today and let you know on time scale for payment and would like to say thanks so much to everyone on here for all their help and support , couldn't have done it without you , but i did hassle SC&M a little with letters in last week or two don't know if that helped sent copy of draft directions so that may have sped things up anyway don't care what it was just that i'm going to rome in three weeks and may be able to buy a lovely designer something now , again thanks lisa

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Morning Lively, Can you go for the wasted costs order even if you didn't have to do a bundle. I (may) have won by default but they didn't respond to letters, forced me to get a warrant etc.

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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Sorry Lisa, forgot to add my congratulations:)

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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Congratulations Lisa. Settlement without court date? That's really good news.

I've got a court date in July. Have sent nudge letters but still nothing. Didn't go for draft directions as timescale was a bit tight and other things were happening at home. Maybe this was a mistake. Anyway, am sending one last letter today.

Was your claim for both bounces and when they had honoured payments which then made you overdrawn?

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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thanks very much guys am not sure about wasted costs if i can do it or nor , livelylad help on this one ? also should i wait till i have cheque safely on board or not , have posted acceptance letter this morning registered next day , so be there tomorrow , my other half gone away for ten days four this morning so not shared the news yet as he's riding his motorbike till dinner going to spain for motogp , so thats a bit of nice news for him too ! if anyone can help on wasted costs would be grateful , lisam

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yes was for both dave but i think that ringing them helps as well i spoke to a robert bushe and he was really nice might be worth a try to ring them and ask if they have considered your settlement proposals and if not can they please consider and forward to lloyds to consider as they make the decision so they said , this worked for me , lisa

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I noticed you faxed them as well. Have you got the fax number?

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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