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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
      • 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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Welcome Finance - This company needs to be banned.


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4 local branches lostinspace the rest were where the accounts go when in arrears it appears :( much to my disappointment :(

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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it is 70 but only 4 of the send u cr@ppy letters and harass by phone offices the rest were collection type ones i believe

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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worth a read:

 

CATTLES Discussion CTT CTT.L - Interactive Investor

 

if link doesnt work its thread called : what happens next

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Dose anyone know of a good case law for secret commission that would apply to welcome paying secret commissions to welcome elite brokers, I would like to attach it to the AQ with the counterclaim for insurances and a judjment on the secret commission.

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Could some one please take a quick look at this to see if I am anywhere near understandable, I think I have made a complete pigs ear of it but had to try lol

Draft Order for Directions

1 The Claimant shall not later than 4:00pm on 22/02/2010 (being a date 2 weeks from the date of the making of the case management directions) file and serve a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) a copy of the alleged agreement with my executed signature. Together with any terms and conditions that applied to it, the original document must be brought to the hearing, and a copy made available to the defendant.

 

(b) The default notice together with proof of service, the original document must be brought to the hearing and a copy made available to the defendant.

 

© A full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

 

(d)As this claim is in respect to a loan under the consumer credit Act, the condition for the release of these documents apply and fall into the remit of the consumer credit act 1974

(e) Copies of underwriting sheets giving full and complete details of any and all commissions paid or received added to my account, in particular full details of commissions received by Welcome Elite Brokers and added to my account.

 

(f) any other documents on which the claimant will rely

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the fast track and

 

4 The Defendant shall file and serve an Amended Defence by 4:00pm on 09/03/2010 (being a date 6 weeks from the date of the making of the case management directions).

 

 

Other Information

 

 

Section I

 

if the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

On 26/12/2009 on receipt of the claim, the defendant sent by way of recorded delivery a request to the claimant’s solicitors.

 

That request was for documentation to be released under CPR 31.14 to enable me to file a defence.

(Copy enclosed)

 

That request was delivered on, 29/12/2009

 

The claimant has failed to send the requested documentation so the defendant had no option but to file an embarrassed defence.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case.

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1) (a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

The defendant also submits a counter claim for miss sold insurance on which the claimant has previously reached agreement with the Financial Ombudsman, but to date has failed to comply with the agreement. (Letter of confirmation from Financial Ombudsman Attached) no figures relating to the refund plus 8% and £100 in compensation.

The defendant further claims the return of all sums paid over and above the original loan figure, as the agreement has been subject to undisclosed commissions, the total figure cannot be arrived at until all requested documents are received.

The defendant further claims costs to be agreed with the court and damages at the courts discretion.

 

Its is respectfully requested this case be allocated to the fast track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer, and that judgement be made for the defendant.

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further

Statement of Truth

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Made sense to me but wait for someone with an idea to come along coz I dont have a clue about the legal bits but it reads ok :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Could some one please take a quick look at this to see if I am anywhere near understandable, I think I have made a complete pigs ear of it but had to try lol

 

 

Draft Order for Directions

1 The Claimant shall not later than 4:00pm on 22/02/2010 (being a date 2 weeks from the date of the making of the case management directions) file and serve a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) a copy of the alleged agreement with my executed signature. Together with any terms and conditions that applied to it, the original document must be brought to the hearing, and a copy made available to the defendant.

 

(b) The default notice together with proof of service, the original document must be brought to the hearing and a copy made available to the defendant.

 

© A full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

 

(d)As this claim is in respect to a loan under the consumer credit Act, the condition for the release of these documents apply and fall into the remit of the consumer credit act 1974

(e) Copies of underwriting sheets giving full and complete details of any and all commissions paid or received added to my account, in particular full details of commissions received by Welcome Elite Brokers and added to my account.

 

(f) any other documents on which the claimant will rely

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the fast track and

 

4 The Defendant shall file and serve an Amended Defence by 4:00pm on 09/03/2010 (being a date 6 weeks from the date of the making of the case management directions).

 

 

Other Information

 

 

Section I

 

if the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

On 26/12/2009 on receipt of the claim, the defendant sent by way of recorded delivery a request to the claimant’s solicitors.

 

That request was for documentation to be released under CPR 31.14 to enable me to file a defence.

(Copy enclosed)

 

That request was delivered on, 29/12/2009

 

The claimant has failed to send the requested documentation so the defendant had no option but to file an embarrassed defence.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case.

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1) (a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

The defendant also submits a counter claim for miss sold insurance on which the claimant has previously reached agreement with the Financial Ombudsman, but to date has failed to comply with the agreement. (Letter of confirmation from Financial Ombudsman Attached) no figures relating to the refund plus 8% and £100 in compensation.

The defendant further claims the return of all sums paid over and above the original loan figure, as the agreement has been subject to undisclosed commissions, the total figure cannot be arrived at until all requested documents are received.

 

The defendant further claims costs to be agreed with the court and damages at the courts discretion.

 

Its is respectfully requested this case be allocated to the fast track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer, and that judgement be made for the defendant.

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further

 

Statement of Truth

 

This seems to read succinctly and with a great deal of unprejudiced common sense! I'm sure someone will clarify the finer legal points if necessary. good luck with all. Bump! :)

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hi

sorry to be a pain insurance company have contacted welcome and they refused to give them a settlement figure!!!!

but just spoke to direct group my shortfall is there but no ppi so gonna try and rclaim this.

i'm now stuck i can't get aresonable answer from welcome don't really want to give them another 6 grand on a car thats not worth that anymore but they won't put anything in writing so i can sort this.

thought about offering 1500 which means they've had 8500 off me.please help:confused::confused:

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You Are Not A Guest Pumbaa0208

You Are A Registered Cagger,guests Are The Ones That Dont Register Like The Welscum Lot.

If You Have A Look At The Bottom Where It Says Currently Active Caggers Viewing This Thread It Will Also Tell You How Many Guests There Are.

I Have Also Emailed You.

Regards Ed

Edited by edwi69
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ditto with our local branch :( no such luck

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Thanks

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