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    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
    • Car maker takes a hit from weakening demand and price war in the world's largest electric vehicle market.View the full article
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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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Leeds Mercantile Court Hearing 28th June 2007


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Beverlyt,

 

I must admit that I was a bit surprised at what the person at the Court said to Mothership.

 

As long as they told you it was fine what you were doing and you have sent the fax to them early this morning before the hearing, you should be OK, but ultimately the decision is yours. Make a note of the telephone call that you had with the Court this a.m. - do you know who you spoke to and the approximate time. Also can you get a fax report from your machine showing the time and number you sent it to, just in case there is a problem after today. Did you get confirmation of the fax number from the Court?

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No I didnt get their name or fax number but I have a report from the fax that I sent and have made a note of the time I spoke to them. She spoke to someone else to verify with them and then she told me I dont need to attend (wasnt sure whether she was telling me or asking me!) and I asked if that was ok and she said yes so fingers crossed!

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Beverlyt,

 

I think you have done all you can. (I assume you used the 0113 3062392 fax number).

 

All the best.

 

PS: post a note on here when you get your money - I would be pleased to know that it all works out OK.

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Hi all, I'm probably the first one out, I didn't have to stay for the actual hearing this aft. I wasn't on the Court's list after all, they had me down as settled. In accordance with what I was told this morning I went in to hear Judge Greenfell's speech anyway, I got chance to ask him to set mine aside pending clearing of funds. He was dead good and agreed straight away.

 

There were a couple that got dismissed through non attendance, but these were where the banks had paid some money that had not been acknowledged so maybe the claimant's deemed it settled without telling anyone.

 

There were probably about 40 folk there today and representatives from most banks, but not all. Quite a lot of press too. There was an adjournment until 2.30 then whoever didn't settle during it will go on to the hearing.

 

I'll be watching here to see how everyone went on.

 

Well done all!!!!:D

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Lee

 

Heard your interview on Real Radio lunchtime news... Well done and congratulations on your settlement....

 

Waiting with interest for news later to see what happens with the others, especially Jenny (A&L)...

 

Onwards and upwards!!

 

Regards

 

Scoobz

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Mothership..

 

Thanks for the information regarding A&L, it doesn't surprise me that no-one turned up for them... Lets hope Jenny is sorted then and that Judge sides with her... why do these solicitors drag you all the way and then don't even turn up? Its crazy....

 

Hope your cheque clears quickly for you and you are all done....

 

Scoobz

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hey up all just back what a day !

well our case was listed as settled but no cheque had arrived so got to chat to the lloyds rep and we agreed on a stay of 14 days to allow cheque to arrive/clear, i waited till Judge returned so it was down on tape.

A and L sent an email last minute saying with courts permisiion didnt think it necessary to turn up or something ?

jenny will know more methinks.

As for the rest a lot (5ish ?) were given 28 days stays for the bank to find yet again lost schedules of charges and or lost claims in their entirety !

The best was this guy ( i forgot his name so apologies !) who said how can the bank lose my info on one hand then dispute the amount of the claim on the other !

All in all though It has been a pretty straight forward day, bundles werent required really all you need is your court papers, orders etc, CMI sheet and schedules of charges.

The Judge was really straight forward though a bit long winded.

He explained really well I thought thought the FACTUAL points and LEGAL points and how they effect each other.

the barristers there were really helpful too i suppose i would be if i were on 2500 a day !

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oh i remember now,

one lady asked for the stay to be 14 days instead of 28 days cause they were basically taking the michael and the Judge seemed to agree with her but then the LLoyds rep said well we are inundated with these claims you honour as you well know or something and then he changed his mind and said BUT.... like the court is backed up with claims paperwork so are they so its unfortunate but a few files will get mislaid.

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Hi All, What a long day.....as per the other post, A&L was a no show. They sent an email basically saying that nothing would happen that they didnt expect to so the judge could give directions as needed. Most of the cases were stayed for 28 days so i dont think any of us were "happy". What was nice was the solidarity with the claimants, everyone was very nice and friendly...one for all and all for one!! The banks representatives seemed to be inexperienced to say the least. Well it was lovely to meet everyone and hopefully we'll get settled. The DJ seemed as eager to sort this and get the precedent case as much as we do.

 

Jenny xx

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Donbracho

Fantastic News.... Sounds like banks paid up for most people! Bet you are glad that's over and you can just wait for your big fat juicy cheque to arrive....

 

Can't wait to hear what happened with Jenny & A&L....

 

Scoobz

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Hi All, What a long day.....as per the other post, A&L was a no show. They sent an email basically saying that nothing would happen that they didnt expect to so the judge could give directions as needed. Most of the cases were stayed for 28 days so i dont think any of us were "happy". What was nice was the solidarity with the claimants, everyone was very nice and friendly...one for all and all for one!! The banks representatives seemed to be inexperienced to say the least. Well it was lovely to meet everyone and hopefully we'll get settled. The DJ seemed as eager to sort this and get the precedent case as much as we do.

 

Jenny xx

 

 

sorry to be thick - but does that mean that you have to wait 28 days for a decision? all on A&L are waiting for news form you:-D

 

jansus

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi Jansus, Missed your post while i was replying to Cazza's thread!!

I've just got to wait for the judge to decide what to do with A&L not showing, he wasnt happy all the other bank reps came. he was discussing ordering A&L to appear before him to explain why they didnt come

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He also made a comment regarding an interview on radio Leeds i think. He said he had not heard it personally but had been told...apparently the info was incorrect what had been stated.

He wanted to confirm this was a directions hearing and would not decide the outcome of the cases, only what direction they would take, also that it is incorrect that cases going to Merc were only going there due to the backlog of cases in small claims. he wanted to clarify it with us all before he progressed.

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thanks for news - you should have a good case for a large claim for wasted costs when all this is finished:D

 

A&L seem to be playing a dangerous game annoying his honourable Judgexxx.

Lets hope it takes that into account and settles yours as abuse of process and uses someone else as a test case:)

 

You know you will be much in demand now to answer questions about appearing in court and the general process. Just cant believe they are leaving it so long to settle for you. The rest of us had better be prepared.

 

 

Jansus

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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thanks for news - you should have a good case for a large claim for wasted costs when all this is finished:D

 

A&L seem to be playing a dangerous game annoying his honourable Judgexxx.

Lets hope it takes that into account and settles yours as abuse of process and uses someone else as a test case:)

 

You know you will be much in demand now to answer questions about appearing in court and the general process. Just cant believe they are leaving it so long to settle for you. The rest of us had better be prepared.

 

 

Jansus

Thanks and any help what i can give, i'll do what i can!!

With the wasted costs, it was brought up a few times today. I am already claiming lit in person costs and from what i have read i cannot claim both?? Anyone who can enlighten me please do!!

As for the day, the court staff are very helpful and most bank reps were talking gobbledygook, but the judge did bear in mind we are lit in persons and tried to talk english where he could. I feel much better for seeing the process.

Jenxx

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