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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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Poppy2005 v FD **I AM A WINNER**


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Well inspired by you lot I took the plunge and requested my charges back from First Direct, 30th June, then went on holiday - got back to the usual standfard letter from a Mr Kerragen - I believe some of you are also familiar with this gentleman!!:p

 

Sent off the second letter - only to be rubuffed on my return from my second week away..:rolleyes:

 

Today sat down and completed the Moneyclaim form - they don't leave you much room do they for writing all theat complicated stuff - any way it has now been duelly logged and I will await a responce - am I going to have to go to court?? :shock:

First Direct - settled in full 08/09/06 £1542.63

Lloyds TSB - DPS sent 15/09/06

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It's unlikely but always a chance.

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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  • 2 weeks later...

Spaff - it appears from reading the replies that you sorted out what to say in your moneyclaim form - sorry I didn't get back to you I was training the following week so out of the office.:|

 

I've now had my court claim acknowledged and a letter received from the court, surprisingly enough this was accompanied by a letter from DG Solicitors offering me half my claim. I've read everyones posts and am sending the "thankyou for half my claim now I want the rest of it letter" today. I didn't include that stuff about confidentiality - hope that doesn't matter!:rolleyes:

 

Have to say though with my luck I'll probably be in court next month! Has anyone been taken to court by FD?:o

First Direct - settled in full 08/09/06 £1542.63

Lloyds TSB - DPS sent 15/09/06

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Dont worry i kept thinking i will be the one it all changes on!! I think this is just human nature to think like that. As regarding the confidentialty just cross it out when you return your acceptance for the FULL offer. which you will have probably by the end of the week!!

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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  • 2 weeks later...

:grin: :grin: :grin: Well they did it!! just like you said they would!! Got my letter today saying they would pay in full. :grin: :grin: :grin: Just got to send back the letter obviously crossing out the confidentiality clause...

 

Oh do I need to inform the court that they have settled? And if so how do I do this? Can I do it on line?

 

Thanks guys - donation on it's way!!

 

Now onto Lloyds!!!

First Direct - settled in full 08/09/06 £1542.63

Lloyds TSB - DPS sent 15/09/06

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You do need to inform the court, but wait until the funds have cleared in your account.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

I may be a winner but I'm not a happy one!!! :mad: I've just checked my online account and they've credited my charges to my account... Yes I know that now means I no longer have an overdraft with them but I was hoping to actually have the cheque in my hand!

 

There was no mention in the letter I recieved from the solicitor that this would be the case and had I not checked I would have continued in my ignorance that the charges still hadn't been refunded.

 

Suppose I best end the court case now - do feel a bit let down actually. Oh well hopefully taking on Lloyds will make up for the disappointment!

First Direct - settled in full 08/09/06 £1542.63

Lloyds TSB - DPS sent 15/09/06

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I see where you are coming from but yes hopefully LLoyds will make up for it. Well done on your win.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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