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    • It is not as simple as you seem to suggest. 1. My wife needed the car and there are no local public transport facilities within 2 miles. 2 Neither of us has the technical expertise to change a battery. 3 Not only does the battery itself have to be appropriate for stop/start technology; but also, according to the handbook, has to be registered with Mini by a recognised agent, which I am not, neither is Big Motoring World. 4 The car had to be towed. Where was I going to have it towed to where I could be sure it would be properly dealt with? I couldn't trust Big Motoring World to do it. I couldn't have it towed to just any garage and be sure they had the right battery and the time to fit it. 5 The high sum involved is mainly for the diagnostic test which Big Motoring World asked me to obtain; and they did not initially raise any objection to the car being taken to the nearest main dealer. I would not have got the diagnostic test, if they had not asked for one. So, I understand where you are coming from, but having ignored requests for reimbursement, what else could I have done to recover my lay out?
    • Thank you FTMDave.  I'm happy to make your suggested changes.  I'll wait a day or 2 to see if any of the team have any other suggestions or feedback.  Do I then just email a copies to both UKPC and the court? Lookinforinfo - Unfortunately I am not sure if the signs have since been changed and cannot recall seeing any on the night as it was dark.   
    • The US confirmed it revoked licences allowing the export of some goods to Chinese tech giant.View the full article
    • I can't imagine that EVRi will want a judgement against them on this and based on this argument. I reckon you have a better than 90% chance that they will try to reach out to you before the trial date. They know that what they are doing is thoroughly wrong and dishonest and contrary to law. They are following this thread, of course – and they've already seen this witness statement. I imagine that they are scrabbling around trying to understand how they can extricate this without using too much face. I suppose they will make an offer to you which is a few quid short of your claim in order to say that they were justified in being stupid. Hold out for every penny. It's your money and you deserve it. It's not their money and they don't deserve it
    • New paragraph 47 – If you insert that – and move everything else down then I think you are good to go. Well done on going through the mill on this but it looks pretty good
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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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OFT and Banks


Lula
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ok you Monkeys worried that the OFT may back off from a test case can go and read this thread, it is not bad news depending on if they set a figure and what they set that figure at.

 

http://www.consumeractiongroup.co.uk/forum/general/114045-insight-not-long-go.html

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Banks juggle fees for going into the red | This is Money

 

HI Guys.

 

Has anyone read this . See what you think.

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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  • 1 year later...

Wednesday 08 October 2008

COURT 73

Before MR JUSTICE ANDREW SMITH

Not before 16:30

For Judgment

2007-1186 Office of Fair Trading v Abbey National PLC

 

Judgment will be available on the Court Service website shortly after 4.30.

 

This would usually be "Front Page News"

 

The dubious practice of penalty charges has enriched the banks by around £32 BILLION often taking the money off the most vulnerable members of society.

 

 

 

Banks have additionally gained on interest earned (off the same customers) whilst all the claims have been frozen, pending the outcome of the "Test Case" The banks always knew the court case would take years to settle and they will, no doubt appeal today’s decision and kick it into the long grass of next year before any settlements are paid out.

 

HOW MANY FORCLOSURES MAY HAVE TAKEN PLACE UNNESSECERALY IN THIS TIME?

 

(The payouts would have help customers to avoid mortgage arrears)

 

 

 

If the banks returned these "ill gotten gains" it would return money to exactly the right place in society both morally and practically, to offer a life line to the private individuals who have been absolutely "hamstrung" through the banks actions and this has been compounded by the credit crunch caused by??...the banks... mmmmm

 

 

 

Government pressure as SHARE HOLDERS can now be exerted on the banks to "do the right thing"...give back the money...Come on MR Brown your quick enough to bail out the city what about YOUR VOTERS ???

Edited by SPROUTY
too much info !

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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LOL, I cant wait for 4.30, but what happens after that, are all our cases re-instated?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Good question... no easy answer.

 

If you relied on the penalties argument and the historic charges are deemed to be penalties, then you win.

 

If you relied solely on the penalties argument and the historic charges are NOT deemed to be penalties, then you lose.

 

If you relied on the penalties argument and the UTCCR and the historic charges are NOT deemed to be penalties, it's still an open field as even though they're not penalties, you still have the argument they are unfair... but that's still subject to the appeal from the last decision...

 

(is your head hurting yet? lol)

 

Will the courts then un-stay claims en masse? Not on your nelly. I think they will keep things frozen as long as they can, and then strike claims out in bulk or award them in bulk... Unless of course, the banks are told to settle them as fast as they can so as to free dockets as quickly as possible.

 

It took the courts a few weeks to organise themselves when the stays appeared to stop us all in our tracks, I wonder if they'll be better prepared this time.

 

Bear in mind that if they're not penalties, then any claim thrown out on penalties can get a second bite on the UTCCR by complaining to the FOS, who must be bracing themselves for an onslaught as I type this.

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I also wanted a million quid and a body like a sex goddess, well 1 out of two aint bad :rolleyes:

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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We can only live in hope, that the banks keep something in reserve for the forecoming pay out :rolleyes: "BEFORE" they start to pay each other massive bonuses to the Captains of the *anking industry:p for leading us down the rocky road to financial chaos.Whats £500 billion+ when after all, its only OUR money!!!:mad: "EXEMPLO DUCEMUS"

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Having read through the judgement it seems to me that "Matron" has come to the rescue of the poor boys in the city. Evidently a spade is not a spade when it comes to the banks. I don't hold out much hope of seeing a plugged nickle from the banks. I certainly feel that this is a slap in the face for the common man and then to add insult to injury our taxes are going to be used to rescue the incompetent bankers so they can continue to fleece us with their punative charges, my hasn't Labour come a long way!!. I never ever thought I would say this but I think we need a revolution to redress the balance.

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psm. We can never redress the balance because,in that great nose in the trough US of A, if they cant/wont pay their debt re their mortgages and if they throw their keys in, because they cant pay!! end of story, their indebtness stops there!! If we in the EX. great britain throw our keys in because the nose in the trough *ankers have fleeced us/customers of theirs (IMHO) We after the re-possession procedure where we lose EVERYTHING!! and the sharks of the legal profession :p:p trawl every last penny from us and fill their boots with the unfair fees:mad: that have been added to the accounts.WE!!! are still indebted to the *ankers who got us into the sticky stuff in the first place.We are not playing on a level field we are subsidising the great USA $ with our taxes, the sooner we wake up in our country the "BETTER" "EXEMPLO DUCEMUS"

Edited by JGJ
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Weeeeeelllll............. actually, there's a wee conumdrum for the good people to think on:

 

With the banks now for all intent and purpose nationalised, the state will have a say on how they're run, presumably up to and including the charges.

 

Now, consider the OFT, a govt agency, in the process of both suing the banks and also investigating them on the fairness aspect of their charging structure and levels.

 

If - as leaked memos and past performance on the credit cards lead us to believe - the OFT finds that the charges are unfair and too high, they will then be in a great position to impose compliance on their colleagues at Banks'R'Us... And the new govt run banks should therefore be in an ideal position 1) to lower the charges to a fair level, 2) to force the processing of the charges refunds to the poor customers who got squeezed for years without forcing them to jump through hoops.

 

Over-optimistic, me? Maybe. But wouldn't it be nice if it did happen the way it should? :-)

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