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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 
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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.
      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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Birmingham Midshires Erc So It Begins! **SETTLED - 3/4 paid **


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Hello Biffa.

 

I am going through the process with them now. Just follow the procedure and you should get it back. I have been offered half of my amount back. I have informed them that i will be pursuing the full amount through MCOL, and that the media attention, unlawful charges, etc will have to be explained. Just waiting for a call back this next few days with their intentions.

 

Good luck

 

Uk...

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Hi Team

 

The letter is the standard reply. I had the same thing. LBA them now and keep to your timetable.

 

Good luck

 

Ukaviator

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  • 1 month later...

They will probably file a defence. I had the same thing. Interesting thing though, when the AQ and their defence arrived the court documents had a leaflet about trying to settle this out of court. 11 phone calls to show that i am prepared to negotiate and they still can't give me an answer. Person in BM hot seat apparently on holiday. So their solicitors are waiting for instructions. Mind you their defence is weak. Kept on about me signing for the charges etc....This won't look good in front of the judge when i present my phone bill with all the calls made to try and be reasonable.

 

Uk

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I know.. They will probably put in a defence after that.

 

Uk..

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It does seem that there are some internal movements. I called them last week to again speak to their solicitor on my case. Seems she is always on holiday, the secretary appointed to her had a look for my file and said that the files are all over the place and can't find mine. She did say that due to the increased workload they were getting help and moving in more desks.

 

 

Uk. . .

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  • 3 weeks later...

Hi Slyman

 

Address is:

 

Birmingham Midshires

PO Box 81

Pendeford Business Park

Wobaston Road

Wolverhampton

WV9 5HZ

 

 

Good luck

 

Uk. .

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  • 1 month later...

Hi Biffa

 

The legal rep you were dealing with, is it Rachael?.. She is on holiday, and the solicitor covering her work is sick. Tried to call them today for my requested paperwork. I have been passed over to DLA Piper. I should get a letter any day from them. I am spending all day Sunday at my PC sorting out my bundle and some other bits i have to do. If you need help just post on your thread.The stickies Zoot and others have added, the court bundle from Bookie, are all ready to print off. It maybe that you need to download the latest version of Adobe for your PDF files.

 

Uk

 

Uk..

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I thought they wanted to talk as they had offered me half at the start.

She then went back to BM to see if they would increase the offer. BM then sent my case to DLA PIPER,their Birmingham office.

Just waiting for their next move, i am itching to get infront of the judge.

Rachael seems very pleasent to talk to, has a lot of holiday though. She was off most of December, 2 weeks now. What a life..

 

Uk

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I don't think she will butter up easily. She's a Solicitor.

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It's a good job you are still with the team at BM really. My case was the first of many to be sent to DLA Piper. The ' no breach ' argument is what they rely on to win their case. The Barrister i spoke to in the Cranfield bar the other day told me that. Hope you whip em good.

 

Uk

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My Fingers are crossed for you my friend. I will be watching on Monday.

Have a good weekend

 

Ukaviator

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Hi Biffa

 

Looks like your next inline to face DLA Piper in court. Now i'm out of the picture they are focusing on you. The Solicitor for them did say, and i reported it in my thread, that they will defend all of the claims. I was lucky enough to have had an offer at the start, of half of my ERC. That maybe because i settled very late in the 3 year deal. Do you know who the contact is with DLA Piper yet?..

 

Uk. .

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No not yet. The letter arrived confirming the details. They have to payup by the 2nd March. The court have been notified that a settlement has been reached. You should get a letter in the next few days asking for an extention to the filing time, and the details of who is dealing with your case.

 

Uk

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Wooooo Hooooo Biffa.. great result considering the recent events.I am still waiting for a cheque.You will probably get a Tomlin order within the next few days. Make sure there are no costs coming your way. Have that written into the order. Maybe worth a quick call back to Rachael.

 

Well done mate..

 

Ukaviator

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Hi Unhappybunny.

Try and negotiate with Rachael Hinchcliffe.

Her number is: 01422 391096

 

DLA are taking over to go to court. That is their brief from HBOS..

Rachael may be able to settle without any costs.

 

Good luck

 

Uk

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No I have'nt. . Still waiting. They said a cheque would be with me by the 2nd March. Maybe get it tomorrow.

 

Uk

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