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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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mikejames1 vs barclays (already getting somewhere...)


mikejames1
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Did you follow the guidelines in this site?

 

After your first letter, it would have given them 14 days. By the 29th of September, you should have sent the LBA here giving them another 14 days. Then, on the 13th of October, filed at court unless you had received a full settlement offer.

 

The spreadsheet I used was the England - Simple - Excel which calculates the interest for you. You do not include THIS interest until you file at court.

 

Is this what you were looking for?

  • Confused 1

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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Mike, bigstuff's correct. It comes across that you are a Mr Nice Guy.

 

If you had read the threads here where we share our experiences with Barclays, you will know that they will extend YOUR timescale as far as they can. Claimants still do not benefit when you do. They don't give you extra time before they take their "paid referrals" and "Unpaids Out" from your account do they? They do it to their timescales.

 

It's been mentioned by me and many others here, stick to the tried and tested methods as outlined here and don't be tempted to cut corners.

 

Mike it's time to be No More Mr Nice Guy!

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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Hi Mike. If you've sent the LBA, it gives them 14 days to respond or you take court action. That letter tells them the consequences in no uncertain terms.

 

My advice is that you have given them more than enough time and that you file as soon as possible.

 

The decision is ultimately yours.

 

I would use your first paragraph:

 

Acual paragraph:

My letter before action sent previously indicates that you have until xx/xx/xx to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

Good Luck in whatever you decide.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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I just sent a rejection letter to them and have still got the offer letter. It's in my court bundle as it, and the letter that accompanied it was not marked "without prejudice".

 

As michelle quite correctly pointed out, we are here to help you through this.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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  • 5 weeks later...

Send the LBA now. They will know then that you mean business. In the same envelope, put in the rejection letter.

 

If you read the site FAQ's and Step by Steps, they all tell you to adhere to YOUR timescales.

 

You would not have needed to post this last time if you had.

 

Good Luck

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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