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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.

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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.
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      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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MadMat V Woolwich


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Looking for a little assistance!

 

I'm sure the answer to this is somewhere on the site, in fact I'm sure I've read it at some point! But I'm bu**erd if I can find it :)

 

I'm looking ahead to the next stage, filing my MCOL,

 

My claim will be for £4300 + £1200 statutory interest

 

Does that mean that my filing fee with be £120 - based on the actual claim amount, or £250 based on the total including interest?

 

I'ts payday next week, want to make sure I set aside enough to cover the court fees!

 

TIA

 

Mat

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I'm pretty sure it will be the £120, but it'd be nice to get confirmation from someone who knows for 100% sure (No offence Thailand, your help is more than welcome)

 

 

Just don't want to find myself suddenly scratching around and raiding the kids piggybank to pay court fees :)

 

Mat

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I'm still looking for the answer for you, but I just set a mcol up and entered £5001 and the computer wanted to charge me £250. Looks like I was only 1% in the right and don't blame you for wanting to be 100% sure. I think I may have been thinking that you can still keep the claim in the small track. Off to see if I can find out any more...

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"Fees 1.2 and 1.3

Where the claimant is making a claim for interest on a specified sum of

money, the sum claimed for the purposes of calculating fees 1.2 and 1.3

shall be taken to include the interest in addition to that specified sum."

 

Looks like the fee is on the total including interest

 

Mat

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Is it normal for them to go all quiet? Had no reaction at all to my LBA, not even an acknowledgement.

 

I know they've got it, I've checked the recorded delivery recept on the post office site!

 

Mat

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I think you'll get a 10% - 50% offer soon, then I assume you will send a rejection and they will respond to that also. It goes even quiter after that MM - tumbleweed city, there hoping you are going to go away!! It doesn't affect your claim that they are mutes.

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Spot on again Thailand, it's almst creepy how good you are at predicting what the woolwich will do next :)

 

Blahdy blah blah blah

We'll give you £1000 to go away and not claim against us

Blah blah blah

 

 

I'm a bit disapointed, thats not even 25% of my claim! Some people have been offered a lot more than that!

 

So for a bonus point Thailand - what will my reply say :confused::confused::confused:

 

Mat

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just tell them youll except it as an interim payment and pursue them for the rest through the courts they will then tell you it was a goodwill gesture and withdraw the offer and if you should change your mind fill out the enclosed form ! what do you reckon thai have i summed it up ok ?

if my advice has been of any help to you then please click the scales ! Thank you :D

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Well I've gone and done it now! - MoneyClaim online submitted! the £250 court fee stung a bit :o:o:o:o:o:o

 

Total claim including interest and costs now £5675 (+94p per day they delay!)

 

Time to start the waiting game now I guess!

 

Mat

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  • 2 weeks later...

HELP !!!!!!!

 

Just called the MCOL helpdesk to see if there was any reply from the Woolwich, and the helpdesk operator suggested that I may have filed my claim incorrectly!

 

I listed the Defendant as Barclays Bank Trading as the woolwich, MCOL helpdesk say I need to be claiming against eithe barclays or the woolwich, not both in this way.

 

She suggested I need to have the claim amended to one or the other, and then pay a £35 fee to have the claim re-served.

 

Anyone know if this is correct or not ???

 

Mat

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HELP !!!!!!!

 

 

 

Just called the MCOL helpdesk to see if there was any reply from the Woolwich, and the helpdesk operator suggested that I may have filed my claim incorrectly!

 

 

I listed the Defendant as Barclays Bank Trading as the woolwich, MCOL helpdesk say I need to be claiming against eithe barclays or the woolwich, not both in this way.

 

 

 

She suggested I need to have the claim amended to one or the other, and then pay a £35 fee to have the claim re-served.

 

 

 

Anyone know if this is correct or not ???

 

 

 

Mat

 

 

Mat, I could be wrong - so dont quote me on this, but what??!!!!!! the Woolwich is Barclays - period, end of. Since 'The Woolwich' tends to 'Esculate' your claim to Barclays, surely your correct in your wording?:cool:

 

IMO, your approach is faultless and you've maybe spoken to somebody that is literally out of thier depth. I'm assuming she was refering to your filling in an N244 in the wake of her understanding of the situation.

 

Anyway, I don't think you need to do a thing - I could be wrong. PM me if your concerned, I will look around for you no end.

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Very interesting point and not one I have seen before. My inclination is to agree with the clerk. Barclays and Woolwich are both sperately registered companies so I would be inclined to claim against the Woolwich not Barclays t/s.

 

If the Woolwich deducted the charges then that is who I would expect to refund them. It's not my concern if they ask Barclays to handle it. That's an internal matter between 2 companies in the same group of companies.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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