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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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      • 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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walton v barclays **ANOTHER WON**


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Just received a letter from the court dated 15 August, it says the district judge has reconsidered the court file and lifted the stay.

The claim will take place on a date to be fixed by the court.

All going well, i've got all the relevant stautes and cases i'm relying on now.

That letter was damn good, cheers BF.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Good luck Paul, still watching with interest. Only 7 more days before my LBA being sent.

A bit worried about the prospect of going to court, but from what I read it's an likely event anyway.

 

Keep us posted of all the developments.

 

Sean28

Sean28

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Thanks SEAN28, good luck with you're claim,

i wouldn't worry about going to court too much, don't forget you're not on trial, i'm nervously exited.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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  • 1 month later...

Just a quick update, i have a hearing date at long last, this has been set for the 8th Nov at midday.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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  • 2 weeks later...

Had a constructive telephone conversation yesterday i rang the solicitors and made them aware that another £90 had been taken from my account which i would be adding to my claim.

A hearing date was set for the 8th Nov this was confirmed with a letter from the court on the 6th Oct, they don't appear to have been sent this from the court which seems rather strange,

i asked if they were going to attend the hearing and made them aware they had no possible chance of winning, it went quite for a moment, then i was asked for a contact number, his parting shot was we'll be in touch.

The ball is in their court now,

it's been said a number of times only contact them by phone if your totaly confident this would be my advice too.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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  • 2 weeks later...

Better contact the court, Barclays have agreed to pay back all the charges plus interest.

I think i'll be having a big glass of malt tonight, and will donate when i recieve the payout.

Thanks to everyone who's helped.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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I'm in court on Monday regarding an application to strike out, i may just make the judge aware that he doesn't have to turn up for Wednesdays hearing.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Yes the offer is in writing £590.00 inluding interest, theirs an acceptance form that needs signing.

I've contacted Barclays asking for £90 to be refunded aswell, i didn't get a positive response, so i told them once the claim has been resolved ie money credited to my account i will LBA them giving 7 days to cough up or i will issue another claim.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Quite right too. If there's a confidentiality clause in their acceptance letter, strike a line through it before returning it and take note of what bookworm had in her thread regarding the completion of the refund.

 

Well Done

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

 

Welshman

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No Welshman, theirs no confidentiality clauses in it, it just says they're not prepared to go to court for financial reasons defending the claim will cost more than the actual claim itself.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Thanks Sean28, i've no boubt you'll get support all the way, just waiting for the money £590.00 to be paid into my account then my donation will be on its way.

Good luck, but somehow i don't think you'll need it.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Great read! Well done.

Worth a try :p

Requested statements 01/09/2006, received 07/09/2006, prelim sent 08/09/2006, standard response received 13/09/2006, LBA sent 25/09/2006, returned & re-delivered by hand 05/10/2006, MCOL 31/10/2006

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  • 3 weeks later...

I sent Barclays a letter stating that if the £90.00 that has been levied on the account since i issued my claim wasn't refunded i would issue a new claim within 7 days.

 

Barclays have replied saying they will refund the £90.00 as a good will gesture, they also added i agreed to the terms and conditions and if i don't agree to them now i should make other banking arangements.

 

OUCH! i think thats a threat.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Well done - always good to hear of another success story.

 

Spotty

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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  • 12 years later...

This topic was closed on 2019-03-08.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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