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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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Red 99 v Barclays - **WON**


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after returning allocation q. for 26.08.06 and having to wait over a month for a court date finally came thru for 24 Oct.....is it just me or is that super quick????? had expected early new year. Tt's manchester county court by the way and the case is to be shared with another defendant by the name of Gayle Horrocks....anyone on this forum???

Also i see the day for return of any documents i will be relying on is the day before the hearing....is that normal??

The finish line is in site!!!!!! woooooo

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Do you mean the exchange of documents between you and defendant? It's usually 14 days before the hearing.

 

If you mean something else, please explain.

 

Is this your first post on the subject of Barlcays? Or have you got other threads running elswhere about it?

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right sorry for the wait.....the letter from the courts say hearing allocated to small claims track.....shall take place 14:30 0n 24th Oct 2006 at Manchester CC...................each party shall by 23 Oct serve on the other copies of documents on which they intend to rely upon at the hearing, neither claimant is required to serve documents on the other. I thought 2 weeks was given between docs going to defendant and court date......not a day!!!!!

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Well, that doesn't make sense :-?

 

each party shall by 23 Oct serve on the other copies of documents

 

neither claimant is required to serve documents on the other.

 

Call the Court and ask them to clarify which is which.

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I spoke to case mangement section and he said it is odd as you normally have 14days between serving docs and court date. The case is with mediation team at the mo and wont come back for another week maybe so he said phone back then.. As for "neither claimant serving documents on each other".....that refers to the fact there are two claimants in the same hearing, i dont need to serve docs on her. I have my documents ready to send nearly....do you think case would get postponed so as to allow the 14 days????

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As long as you do your part - collate and send the documentation as directed - you're O.K. If the dates are wrong it's the court that's made the mistake leave it to them to sort it out.

 

If it delays things - you get more interest!!

 

If it confuses Barclays, oh dear, how sad!!!!!!!

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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Listen, at the end of it, even if it's 1 day, it's the LATEST to swap info.

 

SO what you do is, collate your bundle now, (as per thread in Library), and send it on. If Barclays dont do theirs, that's not your problem. Odds are they'll pay up before they have to send info anyway, what with the 24 hours before thing ;-)

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Yep thats wot i've done...nice big fat bundle of docs now to send off...just need binding then off they go.....19 days and counting:D

 

I've noticed the amount of settlements has been steadily rising over the last few weeks so hopefully i will be joining the list shortly. Surely the courts must be pressing for a test case with the amount of claims going through now and the numbers only going to get larger.

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  • 2 weeks later...

Court 8 days and counting.....squeaky bum time!!!! Will i have the pleasure of being the guinea pig or will Barclays fail to show in Court if i dont get a letter off Keith this week????

Gayle Horrocks also in same hearing .....if your a user of this site we could celebrate in the pubs round town afterwards!!!!!:D

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