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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 
        • 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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I Won, I Won-----cant Quite Believe It!!!!!!!


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They will both go to the same address... however, this may be more specific

 

Capital One Bank

Legal Department

4th Floor

Loxley House

Station Street

Nottingham

NG2 3HX

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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So now do I proceed with the next stage?

 

Absolutely!

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Provided that you have passed the 14 day deadline for this letter, your next stage is to take court action to recover these charges.

 

However, since you are still unsure about what you need to do, I would suggest holding off for a couple of days, and spending that time reading EVERYTHING in the FAQ section.

 

You are now on the verge of taking a large financial institution to court - one that has virtually unlimited funds and it's own legal team. Do not do so lightly, or without being fully aware of the implications of this next step, and certainly not unless you know the proceedure inside-out.

 

I cannot stress strongly enough the need to do this.

 

This reply is NOT intended to put you off - there is nothing wrong with taking legal action, and we would certainly not promote the idea of doing so if we didn't think it was the right action to take. But you must start to take control of this and not simply be directed to the next step by other users.

 

Once you are happy that you have done the above, you will know exactly how to make the next move - please post back when this is the case, and we can take things from there

 

John

:D

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Certainly can :D

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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2 types of interest are involved once you reach court.

 

8% on each and every charge, from the date incurred. Search for the spreadsheet - you enter the amount and date, it works it out for you.

 

8% on the overall amount, on a daily equivalent, until they pay you.

There is also a calculation for doing this in the FAQs.

  • Confused 1

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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It's in the TEMPLATES LIBRARY called Open Office - Spreadsheet for interest

 

However, there is also an online version if you like.

 

With regards payment, I would suggest that since you are claiming for a substantial amount, you write to them and let them know that you consider the amount owed to be 'in dispute' and that you are currently commencing legal action to recover the funds. You are not prepared to make further payments until a court has decided the outcome.

 

So there.

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Yes, sit tight.

 

They will either submit a defence and there may be need to fill in an Allocation Questionnaire, or they will offer to settle, or finally they will do nothing and you win by default.

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 2 weeks later...

What date does the claim show as being served on the bank?

 

They have 14 days from then to Acknowledge...

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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:D Congratulations Gilly :D

 

 

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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