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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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Ware v The Woolwich/Barclays ***WON***


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Hi All

 

Would just to advise you that our settlement letter for our first claim with Barclays arrived this morning - offering us £7,055, on a claim of £5,000 plus the interest. Have accepted this and now just waiting for it to be put into my account. We've WON!!!!!!!:D

 

Everyone, I would like to thank you all for your help and advice when I found things tough going. We can now be added to the successful claims section

 

 

*CONGRATULATIONS AND WELL DONE*

Though do not understand why it took 7 months for Barclays to pay up!!

What happened between February and now!!

DS

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Just read the thread from start to finish - what a comedy of errors! But congratulations on your patience and your victory!!

 

nickyc

nickyc

 

26.06.07 Prelim letter sent

02.07.07 Acknowledgement received

12.07.07 LBA sent

28.07.07 Received Barclays standard OFT letter

29.07.07 Lost it :?

14.08.07 Recovered and back on track :)

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Though do not understand why it took 7 months for Barclays to pay up!!

 

What happened between February and now!!

 

 

What happened was that Barclays applied to have the judgement overturned, as they had apparently defended and said that MCOL did not appear to have received it. The letter from DL Piper was sent by mistake and they then retracted it via another letter.

 

Our Court date then was given as 31st July, so I just sat and waited, prepared my Court packs and then emailed Barclays asking if they wanted to settle, after a bit of toing and froing, I eventually got confirmation that they would be sending out a settlement letter this week, I mailed Kate Ashton yesterday to say that I still hadn't received anything and she advised that it had been sent out and could she check my address, funny that, as my bounced DD's all seem to arrive at the right one!

 

Anyway, I asked her to attach it to an email, which she did and voila, we have settled!

 

I agree Caro, a very long, but successful wait for my turn :)

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