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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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Court 2morrow (22/06/07) For Lloydstsb Gold Credit Card


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HI IAM WRITING THIS AS IAM IN SCOTLAND AND I HAVE MY PRELIMANARY HEARING TOMMOROW HAVE BEEN PRINTING OUT BUNDLES AND BUNDLES BUT WORRIED THAT I DONT KNOW WHAT TO DO WITH THEM!!!

HAVE BEEN WRITING OUT QUESTIONS FOR DEFENCE

EXAMPLES

: are these charges really the cost of a late payment?

: how do u know?

: do u set these charges?

: who does?

if u dont know who doesthen how do you know that these are the correct charges?

:why isnt the person that set these charges here today?

you dont actually have any knowledge of the charging process do you?

 

I HAVE A FEW MORE DO THESE SOUND LIKE A GOOD ARGUMENT?

 

WHATS BUGGING ME BIG SYLE IS HOW IAM GOING TO OPEN THIS WITH THE JUDGE AND WHAT TO SAY I HAVE WRITTEN DOWN A WEE SPEECH FOR OPENING AND CLOSING AFTER QUETIONS ASKED

EXAMPLES

OPENING

GOOD MORNING SIR MY NAME IS .... IAM THE CLAIMENT AND THIS IS .... THE DEFENDENT FOR LLOYDS TSB.

IAM HERE TODAY TO RECLAIM BACK LATE CHARGES APPLIED TO MY CREDIT CARD BETWEEN NOV 2005 TILLFEB 2007.

I BELIEVE THESE CHARGES ARE DISPROPORTIONATE CONTARY TO COMMON LAW AND CONSUMER LEGISLATION ALSO ON THE ISSUE THAT THE CHARGES ARE MERELY A PROFITABLE SERVICE UNDER S15 SUPPLY OF GOODS ACT THE COST OF THE SERVICE IS REQUIRED TO BE RESONABLE S15 SAYS THA WHERE NO PRICE IS AGREED AT THE TIME OF THE CONRACT, THAT A RESONABLE PRICE WILL BE IMPLIED.

 

DOES THIS SOUND OK SO FAR

ALSO I WOULD LIKE A COPY OF LLOYDS TSB GOLD CREDIT CARD T&C FROM 2004 TILL NOW PLEASE DESPARATE FOR THEM FOR TOMMOROW

PLEASE REPLY TO ME ........

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Hi Madhoose,

 

Good luck for tomorrow we are all routing for you. Have you checked your c.c. balance yet so see if lloyds have paid any money onto your card. This happened with me with bos after I had won my case by default. What you will find with your c.c. is that if you have an outstanding balance on your c.c. they will just pay the money onto your card. I do not think that the bank will appear in court so check your balance in the morning.

Hope to hear from you tomorrow, and good luck.

 

Eileen

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Hi madhoose,

 

Just out of curiosity, what interest rate did you claim for. I claimed the contractual rate of 22.53% but when I checked my c.c. the bank had only just paid me 8%. Because I won by default I was granted the decree with the contractual rate so therefore I fought with the bank and got the interest of 22.5%. so watch the slippery b****.

 

Eileen

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you will get signed copy of decree from court in about 1-2 weeks, then either photocopy original and send to bank with claim for the 8% interest from date of judgement until date of payment, or take to sheriffs officers pay their fee and include that with your decree figure plus 8% interestand sheriff officers fees.

 

again congrats

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Fantastic news madhoose, I told you the bank wouldn't be there. What I would do is phone the c.c. and inform them of the decree and ask when will they refund your money. What they will probably do is just put your refund onto your c.c. and reduce your balance, tell them that you want your interest and costs given back to you, not to be paid onto your balance. That is what I did and I received a cheque for the interest and the costs. After all why should your costs go onto your balance. My defence to the c.c. was that as they did not decide to defend the claim they had no right to tell me where the money went. I was quite happy to pay the £1,000 charges back onto my card but I did not see why they should get the rest.

 

Hope this helps.

 

Eileen

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