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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
      • 160 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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Parkvale v Natwest ***WON***


Parkvale
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Thanks photoman, Nice to have your input on the Nasty West forum.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Cheapskate!!! I asked for a classy McDonalds!!!! xxx :lol:

 

Hedgey,

Just noticed you've made over 900 posts since January !!!!!:o

 

What kind of drugs are you on ?????? !!!!:lol:

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Hedgey,

Just noticed you've made over 900 posts since January !!!!!:o

 

What kind of drugs are you on ?????? !!!!:lol:

 

Red wine mate............ the best drug ever invented!!!! Lol.....!!!!!!!! xxx :lol:

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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Scott, cheers mate. That means alot from our star winner. action-smiley-033.gif

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Excellent - did you propose the draft with your AQ?

 

I take it you know what you need to do to comply with your part of the order, yes?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Well all I can say Parky, is this. You have had the patience of an utter saint on all this, you didnt post the thread till you got directions, and now you are sooooooooooo near, Im biting my nails for ya. Its almost May mate. Not long now till the big fat wodge of a cheque drops through your door. Cripes.............. Im soooooooo excited for ya. I know you gotta put in the work yet in getting all the info sorted that they need, but knowing you, youve probs finished doing that already. Mr. Ultra prepared and all. I will be avidly watching this day by day Parkvale. All the very very very very best........................... I cant wait to see that thread turn to a WON.!!!!!!

 

Yaaaaaaaaaaay for Parky. I dont know anybody who deserves it more. Fendy xxxx YOUR ENDLESS ENCOURAGEMENT TO OTHERS IS LIKE A BEACON OF WARMTH WE ARE DRAWN TO. Keep up the good work, but make sure you get your own stuff back on time. xxxxx

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Gary, I didn't propose the draft. I submitted the new draft orders for directions, but the judge chose to ignore them and submit his own. Presuming court bundle, correct ?

Not to sure what to submit as regards limitation act. Nearly half the claim is pre- 6years. The judge seems to have put them in a real corner of put up or shut up. Any ideas on the limitations part would be greatfully excepted. Gary.

Fendy, you know its a funny thing. We give encouragement and help to everyone on this site and you maybe don't realize how brilliant , helpful and supportive it is until its your turn to be on the front line. I am really quite nervous about this, but thanks for your constant support, because every little battle won will in the end be our total victory. So any new caggers looking on this thread, Don't let them intimdate you or put you down, because you will win in the end.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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The directions you've got are the same as the draft order for directions (new AQ strategy) Parky, word for word. You've got a good judge! All you need to do is comply with your side of the order then wait for them to settle - or alternatively default, at which point you can file for judgement. The bank are on a strict deadline, but simularily, so are you.

 

You need;

 

a) Your schedule;

 

b) Your statements showing the charges. Alternatively the list of charges which the bank provided under your S.A.R - (Subject Access Request);

 

c) A statement of evidence

 

d) All the statutues and case law on which your claim relies. Ie, UTCCR's, UCTA's, SOGA, case law, etc. You'll find all of this in the Basic Court Bundle.

 

You could add a couple of paragraphs to the SoE outlining your arguments for the Limitations Act, although, did they refer to it in their defence?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Gary a true superstar. Cheers for that. They did refer to pre- 6years saying part of your claim is time barred under the limitations act etc, etc. Thanks again for repyling so quick.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Ok, in that case add the LA to the legal materials bit, highlighting section 32. Also, as I said you can add a brief outline of your arguments in relation to conceilment or mistake to the statement of evidence. If they want to contest it they'll have to comply with their side of the order, which rest assured they won't!

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Cheers Gary, Confirmed what i was thinking. I'll keep you posted.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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On its way parky :)

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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Scott and thereshope, Thanks. :)

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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My referral to the FOS has elicted, a plain English response, quite a change, in my experience of institutions!

 

NW has 'objected' to the FOS investigating; are they not signed up to a

protocol?

 

What are the definitves on stautes of limitation?

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Mendipman,

Explain a little more. Don't know what angle you are coming from.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Hello Parkvale

 

I'm in disputation over the 'breach' in the integrity of a corporate bank mandate, with a verifiable audit trail, of misfeasance.

 

NW intransigent, on referral to FOS, the latter a cogent & plain English response, wherein NW have objected to FOS 'investigation'.

 

NW hitherto invoked a 6 year limitation, to my defence in the event of litigation.

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Hello Parkvale

 

I'm in disputation over the 'breach' in the integrity of a corporate bank mandate, with a verifiable audit trail, of misfeasance.

 

NW intransigent, on referral to FOS, the latter a cogent & plain English response, wherein NW have objected to FOS 'investigation'.

 

NW hitherto invoked a 6 year limitation, to my defence in the event of litigation.

 

.... in plain English please !!! LOL :D

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Mendipman, Firstly," misfeance " What a lovely word. the performance of a lawful action in an illegal or improper manner. You must start your own thread. and it will be easier to follow your case and advise. They have tried and are still trying to invoke the 6 year limitation rule.,but there are possible ways around it.

http://www.consumeractiongroup.co.uk/forum/legalities/11227-limitation-act-1980-lets-5.html

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html#post712882. These are just a couple of threads. Start your own thread and describe your problem in detail and we will help you.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Well the world is full of surprises. 2 DAYS it has taken me to put the court bundle together, but i thought i would wait until the postie came. On his arrival their was a letter from Cobbetts with a cheque for £3,789.69. I am claiming £7,500. Cobbetts are either very cute or absolutely desperate. Their is all the usual guff about their client doesn't think it is commercially viable to defend etc. etc. Then they add " As previously stated YOU cannot bring a claim more than 6 years after the cause of action has accrued." Also that i am not legally entitled to claim. No mention of any specific sections in the Limitations act or anything. They have sent the usual discontinuance notices and told me not to disclose to any third parties etc.

Does CAG quality as a third party ?? :D

Guess what iam going to do folks? I think the answer is unanimous. The cheque wings its way back to Cobblers with a nice rejection letter. The court bundle goes in the post box and i get to chuckle about them having to disclose the true cost of their charges to the nice judge in Scarborough. Life is so sweet. A message for everyone

hang in there. Its your money that they took unlawfully and you have a legal right to claim it back.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Could you not bank the cheque and persue them for the rest?

[sIGPIC][/sIGPIC]

 

NatWest £4940 with contract interest prelim sent 13/11/06

Recieved first bogoff letter 18/11/06

HSBC £320 with contract interest, prelim sent 12/11/06

 

Natwest Visa £825 with contract interest, prelim sent 15/11/06

 

Barclaycard S.A.R - (Subject Access Request) 7/11/06

 

MBNA S.A.R - (Subject Access Request) 7/11/06

 

Shell Visa S.A.R - (Subject Access Request) 15/11/06

 

Amex S.A.R - (Subject Access Request) 7/11/06

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That is what they are hoping i will do. If i bank the cheque the cheque i will be accepting the offer. They have attached dicontinuance notices to the offer. I don't want to accept this offer any way because they have been put in an impossible psition by the judge. Thus the offer to save face. They have to pursie it to the legal end. Which is not very far off i think.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Ahh, I see. Lucky I read this then. When I get my offer I was going to bank it as a part payment - not now though.

[sIGPIC][/sIGPIC]

 

NatWest £4940 with contract interest prelim sent 13/11/06

Recieved first bogoff letter 18/11/06

HSBC £320 with contract interest, prelim sent 12/11/06

 

Natwest Visa £825 with contract interest, prelim sent 15/11/06

 

Barclaycard S.A.R - (Subject Access Request) 7/11/06

 

MBNA S.A.R - (Subject Access Request) 7/11/06

 

Shell Visa S.A.R - (Subject Access Request) 15/11/06

 

Amex S.A.R - (Subject Access Request) 7/11/06

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Ooooooh Parky, brilliant new. I know you cant accept it, but its nice to know that they are still sending cheques, hence really they know they are liable for the full lot, otherwise why send a cheque. Lol Lol Lol. Ace isnt it. Having the upper hand, and knowing exactly where you stand. GET THAT CHEQUE BACK TO THEM TODAY PARKY BY RECORDED DELIVERY. I personally think only a matter of a couple of weeks till the full amount. Lol Lol Lol Lol............ I love it when a plan comes together.............. Brilliant News............. even though youre not accepting obviously. NEXT CHEQUE WILL FOR THE BIG ONE PARKY. Hang in there............ Yaaaaaaaaaaaaaaaaaay for Mr. Parkvale............. a shining light in Nutty West Forum. Lol xxxx

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