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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 
      • 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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Hi everyone,

Just recieved yet another letter from halifax informing me that they are not going to refund all charges and because i refused the £310 offered they have very kindly sent me details of how to complain to the ombudsman.

 

I must admit im having sleepless nights just now, although i am looking forward til saturday when i can fill in money claim form, which i dont understand at all.

the speedsheet as calculated they owe me £2857 plus interest £708.70 = £3565.70

I presume when the form asks me how much my claim is for i put in the full amount of £3565.70. do i tick the box saying i want to claim for interest at 8% or have i already claimed this interest in the amount above.

sorry i know i sound thick, but i have had sleepless nights, please help, times runing out. also do i have to wait until sat to send papers, seeing as how they have replies and flatly refused to pay back, or can i get on and do it today.

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Guest blindman
Hi everyone,

J

the speedsheet as calculated they owe me £2857 plus interest £708.70 = £3565.70

I presume when the form asks me how much my claim is for i put in the full amount of £3565.70. do i tick the box saying i want to claim for interest at 8% or have i already claimed this interest in the amount above.

sorry i know i sound thick, but i have had sleepless nights, please help, times runing out. also do i have to wait until sat to send papers, seeing as how they have replies and flatly refused to pay back, or can i get on and do it today.

 

 

I would do it today as they've already told you they're not giving you the money.

 

Are you claiming on-Line?

 

Link to MCOL Help

Money claim Help

 

If you're doing it on-line then get the claim in before 09:00 on Thursday 13th, it will then be issued on that day.

After that time it will be issued on TUESDAY 18th.

 

If you tick the box online it pops up a window telling you what text to put in the details.

Put the TOTAL amount including interest in the first box, then the court fees. it will add them all up.

 

 

This is the link to the paper FAQ's How to claim

 

Here's a link to the pdf forms you need to read

 

PDF forms

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does anyone know how long it takes to get to the going to court stage ( how long do the courts take to issue a date ) the reason I ask is that Im going away from 5th to 12th may and im worried everything might start to happen in this week, I dont want to miss out on anything, dont want to miss forms arriving or dates e.c.t.

I really am starting to feel worried i think i just need a bit of reasurrance, come on everyone tell me what i want to hear.

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Guest blindman

Two posts give a timescale

 

Example dates

Example 1

15.03.2006 filed moneyclaim

22.03.2006 Acknowledged intend to defend

04.04.2006 paid

 

Another example

Example 2

First Letter sent 2nd March 2006.

LBA sent 16th March 2006.

Claim issued 24th March 2006.

Claim Deemed Served 1st April 2006.

Settled in full 12th April 2006.

 

From start to finish 6 weeks.

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Just had letter from court to say, that claim was issued 13th april, sent by ist class post and will be deemed served on 18th april, defendant has till 2nd may to reply.

roll on 2nd may.

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well the halifax have aknowledged the claim, I recived an aknowledgement of service fron the northampton county court today, they have 28 days to file a defence, does any one know if these are working days are does it include weekends and bank hols. the aknowledgment is signed by A O'brian, head of legal services, as any one else had one signed by this person.

got to admit i was nervous im now looking forward to what comes next.

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Guest blindman

28 days from when the claim was deemed to be served.

 

In your case that's 16th May

 

Just straight days, includes BH\weekends etc.

 

My claim is due 10th May.

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thank you for that i worked that out as 18th may, im going on hols on the 5th will be back the 12th, will have to keep checking my account while away incase they back off and give in, ( hope im not hoping for to much )

or maybe they will give up before and i will have more money to spend, ( just a thought )

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am i thick or what, im so pleased you lot are here, I havent told friends and family about any of this cos im embarrased about the amount im owed and the debt ive been in, so its nice to chat to like minded people.

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I have my fingers crossed Brecken. I am following your story closely.

---------------------------------------------------

Halifax - Email sent for Data Protection Act - 25/04/06

Bank Statments arrived from CR - 27/04/06

Request for repayment sent rec delivery - 03/05/06

Offer of £750 from the Halifax - declined 15/05/06

Letter from the Halifax saying they will not pay more - 16/06/06

First Claim filed with the Small Claims Court 22/06/06

Owed: £2520

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Guest Lueeze
am i thick or what, im so pleased you lot are here, I havent told friends and family about any of this cos im embarrased about the amount im owed and the debt ive been in, so its nice to chat to like minded people.

 

I know how you feel but dont be too ashamed! I have told my family/friends im claiming but just not how much (my Mum would fall off her rocker!)

 

Its not your fault they charged so much!

 

Good luck!

 

Lou x

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some people have recived letters from the bank after court action saying they will settle out of court, did those letters arrive by recorded delivery by any chance, why im asking is that i have just come from work and have a card from post office saying i have 2 recorded letters at the sorting office, 1 for me 1 for hubby ( joint account) thanks everyone for your kind words in means a lot.

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I know what ya mean tinckerbelle, but I cant get to sorting office till hubby comes in, cos he got the car, been trying to get through on phone for over an hour to see if they can tell me if anything on envelope.

 

me stomach is in knots, mind you it might be a letter to say they are closing our account, but i dont see how they can cos we have had no charges for over 8 months, the account is in good order at mo.

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Guest blindman
some people have recived letters from the bank after court action saying they will settle out of court, did those letters arrive by recorded delivery by any chance, why im asking is that i have just come from work and have a card from post office saying i have 2 recorded letters at the sorting office, 1 for me 1 for hubby ( joint account) thanks everyone for your kind words in means a lot.

 

The initial cheque from this claim

just came in the normal post on the 25th April.

 

Apparently (after ringing CS at Leeds today, 26th April) the balance of the court fees + Interest is in the post, so should be here tomorrow.

 

I'll update my post when that happens.

 

Your money should not be far behind :D

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sorry folks, I was getting worked up over nothing, the letters were mearly some debenhams vouchers I had ordered of internet and forgot about.

 

bloody hell, Im now still waiting with baited breath.

 

awww...2.gif

 

Well keep fingers crossed there'll be something in the post soon!! 105.gif

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Oh my god, I got my money, I recived a letter today saying it would cost them to much blah blah blah, no confidentiality to sign or anything, I cant believe it, its my birthday tomorrow best present I could have, off to majorca next week to celebrate 20th wedding anniversary what a week we are going to have, cant thank you all enough and for everyone who is still fighting, keep going, I was a bag of nerves and im one of the meakest people you could wish to meet and if I can do it so can you. GO GET EM.

THANK YOU, THANK YOU, THANK YOU.

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