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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
      • 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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For all the misery you caused HSBC **WON**


siena
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Ring the court today, Judge allowed DG to file a late AQ.

 

Rang DG, they told me virtually nothing, just that they will follow court proceedure.

 

Doesn't look like there will be settlement offer any time soon.

 

Really worried now, greatful for any advice:eek:

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yes, siena, they will settle - but you might like to take a look at this thread:When you have filed your AQ................

i've tried to put together the info you may need next -

so they have filed for sure? ok - next question - did you do the draft order? then on the court side of things - you wait to see if the judge makes the direction and if he does - you'll get notified. you would then have 14 days to return the four things on that thread as listed.

you might like to look at lizvp's thread - DG Dirty Tricks..... she did all that copying and got it ready submitted it on the last day and then the offer came - that's about as late as it gets - but just remember an offer could come at anytime. did you get a response from them when you asked if your breakdown had been received - in your case - with two claims so close together - i would ring dg - give them your claim no. and ask them to physically check that they have a copy of your breakdown - it would ease my mind (were i you) that the claim is there and not somewhere else (like filed away with the closed one) see if you can get someone there to actually lay their hands on it. just covering all the bases.

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debbie daubney says she is listed no the defence as she has the right to be as a senior partner (must be the d of g!!!!!) but doesnt deal with the hsbc claims they are mostly sent to rachel, but i know what you mean about being forwarded to answer machines by her, a very rude lady!

 

good to see you won anyway

cheers

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Lattie

 

Thanks for advice. I will definately look at the threads you have suggested as I only know of one that got to this stage.(Crushers) I did send the draft order with the AQ. Iwould love the judge to make the direction, I'm sure they would cave if they had to comply. Apparently both AQs went to the judge on the 1st March and they haven't come back to the prejudgement section yet.

 

This is a claim I am doing for a family member so they cannot connect it with my own claim a few weeks ago. I have faxed several copies of the breakdown. Maybe I might have more luck with emails as I am not good on the phone.

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siena.

 

relax. :-D

 

no need to bombard them too much.

 

They will pay out, as you well know.

I had to wait 2 weeks after I put in the AQ.

It really is quite a rediculous game being played out.

 

 

At least we know

a) we are in the right

b) we always win :-D

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  • 2 weeks later...

It is nearly a month since my AQ deadline on my 2nd claim!

 

Phoned the prejudgement section of the court and they have told me that my AQ is still with the judge and that DG have not filed their AQ! The guy at Norwich County court told me that they are completely swamped with bank charge claims.

 

However despite the fact that DG have not filed an AQ the judge will probably not strike out their claim and will probably allocate a 5 minute hearing.

 

I am no longer scared, just fed up with waiting knowing there is absolutely nothing else I can do but wait :mad:

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siena, haven't seen you around for a bit. i do find your thread title offputting, i keep thinking you've won again! oh well, have you seen this thread i wrote - see if you get anything from it:

When you have filed your AQ................ (multipage.gif1 2 3 4)

also, on post 58, crusher had some thoughts which caused me some rethinking - just follow it and see if there's anything there to help.

if you get a date - there's a fair bit in the guidance notes in the library.

let us know what's happening. maybe a letter to dg noting they haven't filed their aq - and wouldn't they like to wind this up before any looming court date -

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Lattie, I don't know who put " won" on my title. I know I've won one but I just wanted to wait for my next win. Then I want it to say " won twice"

 

Thanks for the advice, better go and do some reading:)

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It's now exactly a month since my AQ deadline. The court say my claim is still with the judge! So frustrating not being able to do anything positive.

 

I almost hope this gets to court and I hope all the judges up and down the country were watching Whistleblower tonight:mad: :mad: :mad:

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ok, time for my nudging letter - post 1 of the when you filed you aq.........thread.

 

how about this:

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Re: XXXXX - v - HSBC

account no,

claim no and filing date.

 

It has come to my attention that as of xx/xx/07, (latest date you've talked to the court) you have not filed the Allocation Questionaire in this case which was due on xx/xx/07. Please find enclosed a copy of my Allocation Questionaire and also another copy of my schedule of charges relating to this claim.

 

I would remind you that with the filing of the Allocation Questionaire, I will now require the addition of that fee to my claim. (obviously only if you paid for it)

 

I am mindful of the vast number of claims with which you are currently dealing.

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their intervention. I look forward to hearing from you.

 

Sincerely,

 

 

give it a go - send an aq and a breakdown.

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