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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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Bookworm v 1st National Motor Finance - **WON in COURT**


Bookworm
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Hi Bookworm,

 

After reading your thread i decided to go after my car loan charges from black horse finance (£219) however they have refused on the basis that the OFT decission on cherages is only for banks and credit card companies....

 

I'm about to file on moneyclaim, should i use the same particulars of claim from the site or should it be amended?

 

Good Luck.

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Well, we're back.

 

We were in there for less than 10 mns. The other side didn't show up, so it was just us and the judge.

 

Long and short of it is: We won. But on a technicality.

 

The solicitors asked for the case to be heard in their absence only 48 hours ago, and CPR 27.9 says they have to do this at least 7 days beforehand. So any evidence they entered (witness statement) was disregarded, and based solely on our evidence, and the T&Cs provided, which didn't show the amount they charged in case of default, he had to find that £25 was a penalty.

 

So that's it, in a nutshell. All that work, all that sweat, the last few days, and we win because the other side blinked too late.

 

£66.27, and it shall be mine. :grin:

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All that worry for nothing. Well done matey!:D

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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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Congratulations!

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. 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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Guest ian cognito

Don't you just love a happy ending, Well done Bookie wonder how much that cost them in total, solicitors fees etc!!!!

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Guest ian cognito

Well I noticed a mention in your post of Wilmslow which happens to be where I live - shall I send the local heavies round for you?!?

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Good Luck Bookworm. fight the good fight as they say, we are all behind you

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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  • 2 weeks later...
Guest ian cognito

Well done BW, really pleased it's all sorted at last.

 

The 'wrong address' excuse is on page 346 of the "Financial Institutions Book of Dodges" I believe along with "we believe our charges to be fair" and "What OFT report?"

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  • 5 months later...

Hi bookworm

Congrats on winning, I've just received a copy of the defence that the bank have filled with the court. Do I now wait for the court to contact me with the questionnaire or do I have to actively pursue the next step and if so what is it?

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Hi there been given your name see below can you give me some guidence on what i should do and any thought son why they got abarrister at allocation only what are they worried about ? Regards GaryTo be honest, I'm not that experienced re: loans and defaults etc. You best bet is to PM any of the following Mods and ask them to look at your thread:

 

Barracad

Alanfromderby

Bookworm

jonni2bad

seminole

 

 

Rather than copy your entire post, just include a link to your thread:

http://www.consumeractiongroup.c o....-help-nat.html

 

Sorry I can't be more help

Regards,

Michael

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Thanks

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