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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 
        • 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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bigmama v Woolwich


bigmama59
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Done my claim online so now we'll wait and see!!

Son v Halifax settled in full £292

Another son v Halifax settled in full £30

Bigmama59 v NatWest settled in full £4739.69:)

Son v Halifax 2nd claim settled in full £130

Bigmama v Halifax settled in full £1125

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They have acknowledged my claim today

Son v Halifax settled in full £292

Another son v Halifax settled in full £30

Bigmama59 v NatWest settled in full £4739.69:)

Son v Halifax 2nd claim settled in full £130

Bigmama v Halifax settled in full £1125

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Excellent bigmama, have you decided what you'll be doing with your money?

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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paying off other debts probably!

Son v Halifax settled in full £292

Another son v Halifax settled in full £30

Bigmama59 v NatWest settled in full £4739.69:)

Son v Halifax 2nd claim settled in full £130

Bigmama v Halifax settled in full £1125

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Share on other sites

  • 1 month later...

I have now got a defence through from Barclays/Woolwich. There is no AQ as according to my local court, Northampton are not sending them anymore as it is due to go before a district judge to sort out what is going to happen. The lady at the local court says this is because there are so many bank charges claims and the court system is getting fed up with the banks.

Son v Halifax settled in full £292

Another son v Halifax settled in full £30

Bigmama59 v NatWest settled in full £4739.69:)

Son v Halifax 2nd claim settled in full £130

Bigmama v Halifax settled in full £1125

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  • 3 weeks later...

Got an AQ today to be sent back by 11th May

Son v Halifax settled in full £292

Another son v Halifax settled in full £30

Bigmama59 v NatWest settled in full £4739.69:)

Son v Halifax 2nd claim settled in full £130

Bigmama v Halifax settled in full £1125

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Share on other sites

sent my AQ back last week but not heard anything yet

Son v Halifax settled in full £292

Another son v Halifax settled in full £30

Bigmama59 v NatWest settled in full £4739.69:)

Son v Halifax 2nd claim settled in full £130

Bigmama v Halifax settled in full £1125

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Share on other sites

  • 1 month later...

Got a court date of 3rd September

Son v Halifax settled in full £292

Another son v Halifax settled in full £30

Bigmama59 v NatWest settled in full £4739.69:)

Son v Halifax 2nd claim settled in full £130

Bigmama v Halifax settled in full £1125

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Blimey, that's a long wait - the courts must be absolutely chocablock! Having said that, since the banks cave in at the last moment, surely there should in theory be lots of cancelled sessions and the local courts should be rescheduling ... or do the court rooms/chambers just stay empty and the golf shoes brought out?

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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I suppose they must do other things besides bank charges hearings! Maybe they just fit the other things in, as and when the bank cases are stopped

Son v Halifax settled in full £292

Another son v Halifax settled in full £30

Bigmama59 v NatWest settled in full £4739.69:)

Son v Halifax 2nd claim settled in full £130

Bigmama v Halifax settled in full £1125

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Share on other sites

Just phoned Barclays and spoke to Robert Saunders, very nice man!, to find out who is dealing with my claim. He gave me a name and a direct phone number.

Son v Halifax settled in full £292

Another son v Halifax settled in full £30

Bigmama59 v NatWest settled in full £4739.69:)

Son v Halifax 2nd claim settled in full £130

Bigmama v Halifax settled in full £1125

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  • 2 weeks later...

Got a letter from the court today to say the trial on 3.9.07 to be vacated and the matter be re-listed for a preliminary hearing on 13.7.07 wth a time estimate of 10 mins.

 

Anyone else had this?

 

What does it mean?

Son v Halifax settled in full £292

Another son v Halifax settled in full £30

Bigmama59 v NatWest settled in full £4739.69:)

Son v Halifax 2nd claim settled in full £130

Bigmama v Halifax settled in full £1125

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bigmama

 

Well that's jolly good news. Have you PM'd a MOD now you have a court date?

 

I don't think you've said which court it is, so nobody will be able to confirm whether they are also "up" for that hearing.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Phoned Barclays and they reckon it will all be sorted by next week!

Son v Halifax settled in full £292

Another son v Halifax settled in full £30

Bigmama59 v NatWest settled in full £4739.69:)

Son v Halifax 2nd claim settled in full £130

Bigmama v Halifax settled in full £1125

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Share on other sites

Excellent - when they said settled, what exactly did they say - was it that in view of the up and coming court date, they were prepared to settle in full? Remember, you need to send them an updated SOC as 8% interest is accruing everyday and they'll only have the original one from when they were first served.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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