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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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noomillo6o v morgan stanley ** WON **


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Dont be. There are lots of different ways of calculating interest, but MS have said they wont pay you it anyway. If you are ready, file your claim and let them worry about it.

 

Dont forget to add your court interest, not at 8% but at the full 20.9%. My guide to small claims states that 8% can only be used for claims which dont have a % rate specified.

 

Ours claims do. Its the one these pirates have been charging us! My claim went from just under £600 for the charges alone up to nearly £2000 once interest on the charges then court interest was added! :eek:

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I cant add any more interest if Im claiming compounded contractual can I?

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Hi,

I have a return date for my claim against Morgan Stanley of Monday 29th, yesterday I recieved a letter intended for Morgan Stanley internal mail, it had Vivky Moschinos name with Law Dept underneath then my address, all hand written.........with all the court papers inside.........so because I live half a mile from their call centre I handed it in this morning.

At least it might reach her this time. LOL:)

 

Roscodog

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

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  • 2 weeks later...

Hi,

don't be surprised if they don't respond, that's what happened with me. They are so swamped with claims that they are missing things..........if they don't respond call them........either way they will payout with contractual interest, court costs and no conditions.

In the end I dealt with Louise Miller who could not have been more helpfull.

 

Roscodog18

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

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Thanks roscodog.

 

Under the circumstances, its hardly suprising that they were in a hurry to get you off their back.

 

I'm quite sure a default judgement and a visit from the bailiffs soon afterwards, with one of Martin Lewis's photographers from press@moneysavingexpert.com to record the event would be most embarrassing.

 

But hey, if it comes to that, I'll fly over to watch!

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  • 2 weeks later...

Hi noomillo I hope you do not mind me subscribing:)

 

It seems we are in the same position not excepting full charges + stat before court cos we want the CI.

 

Good luck with your claim:D

 

milly X

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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As I am slightly ahead of you. I reckon my defence will come in first. Will let you know. Hopefully they will pay up shortly or forget;) They have till 5th March to file a defence!

 

Milly XX

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Yes, I think you are further down the line, milly. Not heard a peep out of MS since they recieved their court papers.

 

Im gonna phone the court tomorrow and ask if theyve had a response and if not, send them a letter setting out my terms for out of court settlement.

 

(Unconditional surrender from them, apart from my agreeing to write to the court within 2 days of recieving cleared funds)

 

With repeat letters sent Recorded Delivery each week until their response deadline of 19 March.

 

(Just to ensure that if/when I file for Judgement by Default on 20 March, they have no grounds for asking for a set-aside claiming they were unaware of my action against them.)

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Hi all,

 

expect MS to close you account after they pay out............and not even bother to tell you that the have! I didn't get the promised call back that I asked for today..........I'm glad I'm on talktalk and have free calls.......I'm happy to tie up staff as long as I can :) My offer came with no conditions.....cetrainly not closing my account, so if needed I will report the retalltory action to the OFT and FSA..........I believe they are starting to fine for this now.

 

Roscodog18

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

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Hi,

I attempted to pay an insurance bill with it and it was declined depite being well under the limit. I called to find out why and was asked to pay off my balance because my account had been closed.........I asked to speak to Louise Miller why I had handled my claim at the end, I was told she would call........I'll call her again this morning.

I recieved no warning by letter or telephone of this.

 

Roscodog18

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

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Hmmmm- If they have decided that they no longer want to do business with you, I suppose there isnt a great deal you can do to to force them, apart from making a complaint to the relevant authorities, which will cost them even more money in fines!

 

I thought they had to give you 30 days notice in writing.

 

Anyway, phoned the Civil Procesing Centre at the Supreme Court in Belfast yesterday.

 

Still no sign of Morgan Stanley's response, but they have until 19 March to do so, if they want to avoid a Judgement by Default.

 

Cant say I'll be too bothered if they close my account, it will be awkward, but at least I'll have the satisfaction of having nailed them.

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Nope not a dicky bird yet. I was wondering if they have atendency to file a defence late:mad: Then get aset aside:mad:

 

Blinkin lot and don't get me started on EGG non compliance now to S.A.R!

 

Milly XX

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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  • 3 weeks later...

Just rang the Civil Processing Centre in Belfast- no sign of any response from Morgan Stanley.

 

They until 19 March- Monday

 

If no response then, I suppose its time to go for a Default Judgement or as they call it here, a default decree.

 

 

 

Ho hum- more fun and games!

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