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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 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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Do I issue a warrant ***WON***


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Hi, I made my claim on line and the YB had until the 29th May to reply. Although they sent me a letter telling me they would defend the claim, they have not as yet filed a defence or acknowledgement of service. I was able to request judgement which I did yesterday and which was accepted by the Court. I am also able to instruct the court to send in the bailiffs and I wonder if I should do this at this time. Apparently the YB can still apply to have the judgement set aside and have unlimited time to do this, although I don't know what their defence would be as they wrote to me to notify me of their intention but failed to notify the court, therefore it is hardly likely that they will be able to say they didn't know about the court proceedings and I can't think of another good reason for the judge to set aside judgement. Does anyone think they will make this application? Do you think I should request the warrant for the bailiffs at this time?tongue.gif

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You could apply for the warrant but I have a feeling that YB will ask for the judge to set aside judgement. No harm in trying though I guess :rolleyes:

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

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I had the same response as you, YB wrote to me to say they were going to defend but didn,t acknowledge or defend in the allocated time. I entered judgement on the 22 May. I have been in contact with YB for payment who told me to send in the bailiffs they were happy for them to seize goods. When I went back to MCOL a stop has been put on my account as YB are now asking for the judgement to be set aside saying they acknowledged the claim on the 4 th May. This seems quite commom practice for YB and very frustrating as they seem to think they are above the system.

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Hi Katsabudd

 

Thanks for that, I think the YB will ask for the judgement to be set aside and am expecting this. However, obviously we both got a letter from them detailing the claim number and stating that they would be defending the claim, therefore to ask the court to set aside judgement now how would they defend their actions by not responding to the claim? They can hardly say they didn't know about the proceedings as we both received a letter from them, they could say they didn't have enough resources to deal with the matter within the time available however, we know that they had enough time to write to us setting out their defence and enclosing a copy of the Berwick Judgement, as I see it unless they can come up with a good reason for not responding either with a defence or by completing the acknowledgement of service, then I don't see how the court can agree with the application for judgement to be set aside (although experience reminds me that the Court can do anything as can big organisations - it's the little people that suffer) we will have to wait and see!!! Before I end, I have tried to issue the warrant, however the HMCS money online site seems to be experiencing problems as it is really slow at the moment andI can't seem to be able to log in, I will issue the warrant once I am able to do so.

 

Take care and good luck with your claim, let me know if you receive a cheque or if you have to go further.:p:|

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Hi Judge dredd, They are saying with my claim that they acknowledged service on the 4th and can prove that, how I dont know. I would issue the warrent if I were you as they have now stopped me doing so. It was the bank manager that got my back up saying send in the bailiffs to seize goods. Let me know how you get on as to me this is no longer just about the money!!!!

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Hi Katsbubb

 

Well I've done it, I issued the warrant on Friday evening, so I guess they have all day today (Monday) to respond by either filing a defence or something - although I don't know what!! I'll let you know how I get on.

 

Thanks

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Hi Judge dredd, good luck and keep me updated. MCOL responded to my claim 2 and have entered judgement so I too have issued a warrent just have to sit tight now and wait I guess. It's frustrating when you have won by default and they still dont pay up!!!!

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You have the law on your side and even if they apply for a stay. I would dare say any judge would not look on their application at such a late stage with much sympathy. Good luck.

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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Hi there, no news as yet. Waiting patiently!! Spoke to Leeds County Court today to see what the timescale is that the Bailiffs are working to - was told one week, therefore my warrant was issued on the 4th/5th June so it should be next week when it is executed!! Hope they pay up because once they do I will be going further back into my charges with them for the years since 1994 when I originally opened my account. I am now considering looking at the other charges from other banks and institutions such as captial one, yorkshire visa and barclay initial as I'm quite sure all of these have ripped me off too! Anyway one at a time - small steps and all that!!! Good luck to everyone making their claims once I receive my money I will be making a donation if only to keep sites like this going - although there should be other topics as I have many issues!!!

 

Oh and by the way I hope one of the admins view this as i have had a thought - careful!!! This site has been organised so well - why haven't the organisers thought about opening their own bank - I am sure there are a lot of people who would join - I'm thinking like the credit unions they appear to be doing okay!!! Think about it guys because i would rtather my money be with you than any other banking institute what happened to being able to get your money cash and hiding it under the mattress - oh the good old days when people dealt in cash!!! Again think seriously about it guys I'm sure you would get a lot of backing!!!

 

Take care everyone and again good luck with your claims.

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Hi there, thought I would give you all a qucik update. Went online today and noticed that YB have file an acknowledgement of service on the 6th June - rang the Court and was told that the Court had made an error. Apparently YB had tried to file an cacknowledgement of service on the 15th May however it was rejected by the Court as they didn't have jurisdiction since the address YB entered related to Scotland. However, District Judge Murdock indicated that it should have been accepted therefore they have been allowed to file their acknowledgment of service and have until the 12th June to file their defence - which as we are all well aware they will do so in order to stall for time - then they will make a naff offer which will be rejected by me and then we will have to file AQ's, maybe I will get another naff offer and then a hearing date. In long and due course they may actually settle but I don't think it will be in the near future!!! Will let you all know of developments - good luck to you all with your own claims.

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Best of luck Dredd. It seems to be 2 steps forward one step back. Just when you think you have 'em, they manage to worm their way out again:-x

 

Like you, I am waiting for my 6 yrs claim to be sorted before I go back to 1993, and then its after YB Visa.

 

Keep at 'em.

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Hi RossD1968, thanks for the support, I really need it right now - am proper fed up!! I will however keep going. Let me know where you are up to with your claim - we will get there in the end!!! Godd luck and take care.

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I have just had my court date thru (24/07), altho have had to request a change of date due to meetings already booked. So am on the point of starting to think about my court bundle. That said, am hoping that the judge may think about striking out the defence if YB fail to provide their Statement of Facts (which were meant to be at the court on 18/5).

Have also let things slide a little on the YB Visa side as they are at about 60 days after the SAR for that, but want to get my main account dealt with first.

Feeling very positive at present due to the fact that YB have to explain away CYNthesys & the comments about "penalty fees" in their '04 meeting.

Anyway, no need to say best of luck really, as thoroughness WILL be rewarded:)

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Dont give up Judge Dredd Yb had been granted a stay on one of mine and still paid up within days. I did tell their legal services dept I was compliling a letter to the court as there appears to be dozens of cases to my knowledge where they ask for a stay after judgement has been granted with this their solicitors (not legel dept) called me and asked me to hold on for a couple of days and they would get in touch. Then today i rec'd my cheques.

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Hi all supporters out there

 

Well the news is .............. received a letter today from Clydesdale Bank referring to my judgement of the 30th May and also to the application to set aside judgement however ..............due to the disproportionate costs of defending the claim they have enclosed a cheque for the full amount plus court costs - great you may well think but .............the cheque enclosed was only for the £55 which I assume to be the warrant fee!!!!

 

Nearly there - returned a fax to them informing them of this and requesting the cheque in the full amount or payment by BACS into my joint account with the Nationwide - once received and cleared then HOORAY! HOORAY! HOORAY (are these hoorays spelt right?)

 

Hopefully case will be over - which is a good job well done if you ask me my nerves wouldn't have held out much longer!!!

 

Good luck to everyone - as they say "PATIENCE IS A VIRTUE" (only someone should trying telling my nerves that!!

 

Judge Dredd

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Hi Katsbubb - thanks for that - I appreciate it (although it is nerve racking isn't it). Just waiting now for either a cheque or BACS payment and then its over for this claim - I will be going back for the rest!!. I'm going away for two weeks on the 24th June so hopefully I will have my statement request in prior to then so it will hopefully be dealt with not long after I return on the 9th July - then its all systems go as I will have relaxed sufficiently enough by then to start the good fight again. Good luck to you with any claims you are still intending to claim - if there are any and thanks again for your support!!!

 

Judge Dredd

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Judge Dredd, Have they asked you to sign anything, and have you had any indication how and when they are going to pay your settlement. ?

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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Congratulations judge dredd,

 

I know exactly what you mean about your nerves.;)

 

Well done:D

 

Twoofus

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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Hi Parkvale, no they haven't asked me to sign anything, they just stated cheque enclosed but it was for the £55 only. I have sent them a fax and waiting for response which I don't think I will get, probably get the cheque or BACS payment. They just want me to inform the court that this claim is settled which again I have informed them that i will do once the funds are cleared by cheque or BACS. Again - Nearly won!!! not quite there yet!!!!

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Hi twoofus, thanks for your support, i had been reading your claim this morning when the post arrived, I'm glad you won your case and tell your wife I'm and I am sure the rest of us are very proud of her attending Court on her own unsupported. Good luck to you both in your future claims if there are any!!!

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Hi Katierose - thanks for your support I can only express my support for you with your claim and for everyone else of course. This site is worth all the money donated because it does offer valuable advice and also much needed support. Once funds are cleared donation will be on its way!!! Got to admit I'm a bit skint at present what with the holiday and everything else going on in my life.. Thnaks anyway and good luck.

 

Judge Dredd

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