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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
      • 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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tonycee v barclays i owe i owe its off to court we go***WON***PRE OFT


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TonyC,

 

This was the last thread I read last night and I switched off my PC a far happier bunny for it.

 

Great reporting - have you a background in writing. Better than some books I've read recently.

 

Thanks for the lift, Slick

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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You won by

 

1 The defence was struck out as an abuse :)

 

Thank you. It appears so obvious but,

 

1. There was no default, everything was prim & proper and above board.

Filed/served/acknowledged/defended/struck out/judgement entered.

 

2. There was a determination from the judge after considering the evidence.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Thanks. I have no probs with enforcement, its a question of when ?.

 

1. Says if its by default they can stop proceedings within 28 days,

 

2. Says, if won by judges determination of the evidence, i can enforce Now..

 

If i write now, they will stop it within the 28 days (21 Aug)

 

Guess i will just wait .

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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I'm a trespasser from the Abbey who heard about this report so came for a read. It made me checkle several times, thank you.

 

Absolutely brilliant piece of writing .... it should be posted on every bank forum so claimers can see that it is possible to take on the big boys and win ... if you've prepared properly.

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TonyC,

 

I looked at the link from Saintly How to enforce a judgement but couldn't see where you got your points 1 & 2 from. What was your source please.

 

Thanks, Slick

We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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I looked at the link from Saintly How to enforce a judgement but couldn't see where you got your points 1 & 2 from. What was your source please.

 

Hi Slick.I got them from here.

http://www.consumeractiongroup.co.uk/forum/bailiffs/99563-got-judgment-how-get.html

 

I went to the court Friday just to clarify the situation.. Its.

 

1. Won by default. The evidence was struck out as an abuse.

 

Im still confused about point 2. I thought the DJ HAD made a determination by deciding to strike out after considering the evidence.

Still cant see how its no 1, but hey, who cares.

10 days to B day. (thats bailiff day).

Regards Tc.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Tell the BBC to get their Outside Broadcast teams ready. Can I come too.

 

Slick

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Tell the BBC to get their Outside Broadcast teams ready. Can I come too.Slick

 

With pleasure..

I just know something will drop on the mat on Monday 20th.

Guaranteed to be an application to have the judgements set aside.

Watch this space.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Watching and waiting!!!!!!!!!!!

 

 

Dino is back 16th August (or so I'm told)!

 

FC

Barclaycard: SETTLED AFTER LBA

Barclays 1: AT COURT

Barclays 2: WITH FOS

Capital One: SETTLED AFTER N1

Egg: SETTLED AFTER LBA

HFC: S.A.R - (Subject Access Request)

Lloyds TSB: S.A.R - (Subject Access Request) - WITH Information Commissioners Office

RBS: AT COURT

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/Dino is back 16th August (or so I'm told)!

FC

 

If his plane is landing at heathrow on my shift, i make sure it ends up in New York, or Sydney, or Timbuktu. Any suggestions?

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Hello everybody.

Having so far been successful in claiming back over £6.5k from

Sharklys & Nastywest, its time to move on to round 2.

Heres my story.

I have been self employed since May 1990.

On 16 Sept 2003 my application was successful in applying for a £ 17,500

business loan ( Have got agreement with no PPI on it ).

On 19 Sept 2003 Barclays phoned and said they had sent out a new agreement that included PPI.

Nothing, and i mean nothing, was ever explained, and i was asked no questions, just told i had to take the PPI if i wanted the loan.

 

Details of loan.................. Cash Loan ............Insurance Premium Loan

......................................APR 11.2% .............11.0%

Amount of loan................. £ 17,500.00 ............£ 2,951.53

Total Charge for credit .......£ 7,434.83 .............£ 1,230.04

Total amount payable........ £ 24,934.83 ............£ 4,181.57

Monthly repayments.......... £ 296.84.................£ 49.78......= £ 346.62p

Number of payments ................84.................... 84

 

Between October 2003 & March 2006 i repaid.

30 X £ 346.62 = £ 10,938.60.

and paid a settlement figure of £ 18,000 = £ 28,398.60p. March 2006

Today i sent template 1 from here

http://www.consumeractiongroup.co.uk/forum/ppi/61081-ppi-some-notes-claimants.html and all the additional paragraphs. Asking for my money back.

Do you think i have a case.

Thanx for reading.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Still waiting !!!!!!!!

 

7 days to go to the 21st!!!

 

Are you going first or am I ?????????

 

FC

Barclaycard: SETTLED AFTER LBA

Barclays 1: AT COURT

Barclays 2: WITH FOS

Capital One: SETTLED AFTER N1

Egg: SETTLED AFTER LBA

HFC: S.A.R - (Subject Access Request)

Lloyds TSB: S.A.R - (Subject Access Request) - WITH Information Commissioners Office

RBS: AT COURT

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Hello everybody.

Having so far been successful in claiming back over £6.5k from

Sharklys & Nastywest, its time to move on to round 2.

Heres my story.

I have been self employed since May 1990.

On 16 Sept 2003 my application was successful in applying for a £ 17,500

business loan ( Have got agreement with no PPI on it ).

On 19 Sept 2003 Barclays phoned and said they had sent out a new agreement that included PPI.

Nothing, and i mean nothing, was ever explained, and i was asked no questions, just told i had to take the PPI if i wanted the loan.

 

Details of loan.................. Cash Loan ............Insurance Premium Loan

......................................APR 11.2% .............11.0%

Amount of loan................. £ 17,500.00 ............£ 2,951.53

Total Charge for credit .......£ 7,434.83 .............£ 1,230.04

Total amount payable........ £ 24,934.83 ............£ 4,181.57

Monthly repayments.......... £ 296.84.................£ 49.78......= £ 346.62p

Number of payments ................84.................... 84

 

Between October 2003 & March 2006 i repaid.

30 X £ 346.62 = £ 10,938.60.

and paid a settlement figure of £ 18,000 = £ 28,398.60p. March 2006

Today i sent template 1 from here

http://www.consumeractiongroup.co.uk/forum/ppi/61081-ppi-some-notes-claimants.html and all the additional paragraphs. Asking for my money back.

Do you thik i have a case.

Thanx for reading.

 

Hello and welcome,

 

Yes I do think you have a good case, but they won't, so don't get to disheartened at their response.

 

Just keep plugging at them, just to let them know that you are going nowhere till you get your money back.:D

 

Good luck and keep us posted

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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Yes I do think you have a good case, but they won't, so don't get to disheartened at their response.

Just keep plugging at them, just to let them know that you are going nowhere till you get your money back

 

Thank you for your reply.

I shall indeed keep plugging away untill i get my money back.

If you get a spare 5 mins, could you tell me what to expect, and am i likely to have to prove my claim in court.

Thanks again.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Thank you for your reply.

I shall indeed keep plugging away untill i get my money back.

If you get a spare 5 mins, could you tell me what to expect, and am i likely to have to prove my claim in court.

Thanks again.

 

Hello Tony,

 

In my experience, different banks respond differently, some will refund you quicker than others, Some with drag it all the way to court, so you do have to be prepared for this. You must keep all letters of correspondence for your file. Any letters you send, send by recorded delivery and keep the stubs for your file. Do not enter into any verbal conversations with them.

 

I find it is the creditcard companies that tend be drag it all the way to court.

 

Expect that they will deny everything and put the blame on you. you signed you agreed. They do have to:eek: to keep you money.

 

Speak soon works calling

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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.................Shallow Victory...............

 

Got a cheque from Bs for £2,378.44p.(claim 2) yesterday, and expect claim 1 to be settled soon..

 

I want to say that its such a shallow victory as my heart goes out to all those that are " so close " and then BANG..

 

I would send it back if they would lift the stays..

 

I want to say a special thank you to Dame Saintly 1 & Sir dar£n whose help, support and advice, has allways been much appreciated.

 

Thank you also to all of the CAG staff, again, whom without, i would be £6.5k worse off. Thank You. Donation on way.

 

Thank you also to Slick & FC who helped to keep me going.

 

A general thank you to everybody else that helped me along the way.

 

I have several other claims on the go at the moment, so you are not going to get rid of me that easily, at least not yet anyway.

 

In the meantime.....

 

Please keep going, DONT give up, and, DONT lose heart..

 

Good Luck

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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