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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
      • 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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Wednesday vs Citi Cards


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£9.25 per hour is the going rate.

 

But its best to break it down

so for example;

 

 

Drafting of application 2.00 £18.50

 

Research of Civil Procedure Rules 1.30 £13.60

 

Correspondence to Court and defendants 1.00 £9.25

 

 

 

etc etc

 

 

 

other things;

 

 

Telephone calls.

 

 

 

Theres a good thread on Costs orders.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Still got this nagging feeling, postie will deliver a wad of paper either tomorrow or Monday :rolleyes:

 

And it came today :shock:

 

It contains

 

Terns and Conditions

Default Fee Justification

Skeleton Argument

Witness Statement

Copy of a Decided Case ( One they Won)

Extracts from the OFT Report.

 

 

What happens now?

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Surprise, surprise they have not complied with the draft order in that they have not provided a full breakdown of their charges.... time to request that the defendants defence be struck out in writing because of this.

 

And theres me getting my hopes up that they would have complied and we could have gone through their figures and justification with a forensic accountant. Darn!

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Had a look around and it seems to be an N244 form and a fee of £75 :eek:

 

For that price it better get struck out :D

 

Would i get the £75 back if it is struck out?

 

Also can i get away without the need for a hearing? Don't really fancy waiting a few months for a date for them not to contest it?

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In my instance I wrote to the court manager informing them of what had happened which did the trick.

 

It could go to a disposal hearing, but you have the advantage in that they cannot rely on their defence at all -- just boils down to the facts of whether the penalty charges are unlawful, which they are.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Nope no fee, but then again it was my first time litigating.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 3 weeks later...

If you get a hearing date, when you attend court take your delivery slip and confirmation of delivery of your bundle.

 

Eversheds barrister stated that they had not received Martin3030s bundle, something which they also attempted in my claim despite having evidence to the contrary.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 2 months later...

No two Judges are the same by all accounts things didnt go your way last time.They cannot rely on previous success its immaterial.

Its not unreasonable either for you to refuse any offers of settlement that are unrealistic-even if the Court found that Citi were entitled to the OFT portion,you would still be entitled to the interest on the rest-and you would still be entitled to costs.

Its ok for Citi to be quoting cases they have won and where the Court have found favour-but lets not forget for one minute those Courts that did NOT find favour and awarded the claimant Judgement.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ok I did make space but its full again already.

So when do you need to get stuff in for ?

Since you thought the last hearing was the trial I assume you did an exchange with Citi ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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yes document exchange-I have sent you a pm.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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its ok I saw.

must be all those "Agent Provocateurs" Cherry picking my mailbox :lol::lol::lol:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Subbing, this may be of interest to the thread!

 

So presumably CITI managed to produce and agree with the OFT a true copy of the credit card T&Cs?

 

http://www.oft.gov.uk/news/press/2009/45-09

 

Regards - Richard

 

 

Richard that link has already been well reported.

Citi never stated that they agreed with the OFT-in fact they said it cost them MORE than the £12.00.

As I recall Citi did not even voluntarily participate in the 2006 OFT investigation into Credit Cards-the £12.00 was forced upon them all-they were told to fix these rates or face them being fixed.

 

As regards their terms and conditions,there has never been any shortage of these-they are readily available both in old Associates and Citicard versions-we were able to archive these from very early Citi claimants-Citi are of course aware of this.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Not forgetting that Citi have stated that their penalty charges are a sanction, they are at the level they are to disuade people from making payments late - pure and simple.

 

As for cost pre-estimates they've plucked figures out of thin air, as we have recently gained some proof alluding to this, which would also explain why they have been so reluctant to provide supporting evidence to validate the pre-estimate exhibits they are filing at court.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 1 month later...

Is there an update on this please :)

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