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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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Huge Claim! Need Help Please!


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Can some one help me please? Claiming against Yorkshire Bank for £13,500 of charges! Sent prelim letter, got reply saying no, stating bank charges etc and saying if I take to court they may counter claim for damages suffered due to breach of contract. Sent LBA today. Expecting same reply. Can I claim this amount on moneyclaim site? Do I send to branch or head office as this is in Scotland?

Would really appreciate advise. Thanks.

 

As usual they are clutching at straws & trying to frighten you off. You can't be in breach of a contract if the performance of the contract is unlawful and/or in breach of regulation.

 

On the matter of fast track I will PM you

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  • 1 month later...

Caro is correct DO NOT bank the cheque.

 

Suggest you write back stating you won't accept their part payment unless they agree in writing that you can accept it & with a mind to helping THEM mitigate THEIR ongoing losses as a part payment

 

If they agree, you having pointed out the interest continues to acrue, then bank the cheque

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Anyway the interest will continue to mount while they keep delaying so I have nothing to lose by being patient.

 

Correct.

Remember to make mention that your offer to cash the cheque as part payment assists them to mitigate their losses by reducing the continuing interest charges.

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  • 2 weeks later...

Forgot to mention, remind them that by insisting their part payment is full & final & not agreeing to YOUR terms they are failing to mitigate THEIR losses as the % will continue to acrue on the full amount on a daily basis. That should cover you with the court if they claim they tried to settle & you acted unreasonably.

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  • 3 weeks later...
MCOL filed for claim 1 on Dec 21st and claim 2 on Dec 5th. Both acknowledged and notice sent saying they intend to defend in full both cases. When do they normally send the defence? Do they wait till last min?
..........And some Northampton lets them get away with murder! Ask Freebird
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& beyond. In the case of Freebird she was told by the Northampton Court that even though the bank was out of time to present their defence she couldn't apply for a default judgment because they had been granted an automatic stay to give them more time to submit.

Absolutley appalling conduct on the part of these court staff & something that should be brought to the attention of HMCS

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