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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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Lusky v LTSB ..can I refer to their previous settlement in new dispute?


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Hi All,

 

Thanks to this site I successfully claimed back over £5k in charges from LTSB last year.

 

I am now on the case with them for a second time as I am over my OD limit. The excess is soley due to penalties - surprise surprise!

 

I only still have the account due to large OD and personal loan with them.

Can't afford the loan anymore and missed some payments hence the charges. ( Have CCA'd them for the loan agreement as I suspect that will be dodgy too:D )

 

I know what to do with regards letters etc and am confident will get this lot of charges back.

 

What I really want to know is if they they go down the legal route to recover my OD ( which they are threatening, they have sent me an enforcement order :o ) could I mention in court they they refunded previous similar charges?The offer I had before was "Without Prejudice" which I know means I couldn't use in court in that dispute.

Could I use it as evidence in a new dispute?

Any advice or thoughts please?

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I did cross out the confidentiality clause but it's the "without prejudice" that concerns me. My understanding is that if the originator has marked the docucument without predjudice then it cannot be shown in court in respect to that dispute. What I am trying to ascertain is can in be shown in relation to a seperate dispute?

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Not really sure where you are coming from here. I assume that their previous settlement was as standard without acknowledging any liability etc etc.etc. so therefore would not really be relevant.

 

What you need to prove to the court (should it get that far) is that these current charges are unenforcable and that it is these that have caused you to be over your OD limit.

 

What stage of your claim are you at?

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I think I am being misunderstood. If you look at the definition of "without prejudice":

"The basic meaning is 'without loss of any rights'. It is a term used when two parties are in dispute, and one makes a settlement offer to the other. It puts 'without prejudice' on its offer to make it clear that the settlement offer should not be construed as a waiver of rights. Importantly, communication marked 'without prejudice' cannot be used in evidence in court proceedings if the attempts at settlement fail and the dispute comes to court."

This is a seperate dispute so could I use the first offer as evidence?

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But the offer has been made without any admission or liabilty it simply is not relevant. The important thing is the current charges that have taken you over O/D limit. I ask again what stage of your claim for these latest charges are you at?

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I am at LBA stage and have written informing them that they are breach of DPA by persuing debt while in dispute. They have still issued an enforcement notce. I am thinking well come on then and take me to court - I will defend and ask them to justify charges.

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